Constitutionality of Probation and Parole Conditions Restricting Procreation

Kristine Butcher, Central Missouri State University
Dane Miller, Central Missouri State University

As our national prison populations reach capacity, numerous jurisdictions have been resorting to probation and parole as an intermediate sanction in lieu of incarceration. Although in the past there have been numerous conditions regulating such things as travel, offender association, and therapy as terms of probation and parole; more recent cases have imposed the regulation of procreation on certain types of offenders. This paper seeks to identify the constraints of supervisory personnel by looking at recent legal decisions of various courts. This paper will also examine the constitutionality of the courts decisions to regulate a persons right to procreate.

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Updated 05/20/2006