50.05.040 Conditions of Probation

The Court may sentence an individual to a term of probation:

(a) Except if a term of probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence and stay its execution, and in either case place the person on probation to the division for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes a term of probation, it shall place its reasons for doing so on the record.

(b) If the court places the person on probation, the court shall order the person to pay restitution under, unless the court finds there is substantial reason not to order restitution as a condition of probation. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the division of its decision if the victim may be eligible for compensation.

(c) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation if the court requires, as a condition of probation, that the person be confined as part of the sentence for at least that mandatory or presumptive minimum period.

(d) The court may impose a sentence and stay its execution and place the person on probation.