S.C. Supreme Court holds probation condition of non-association with those having a criminal record does not violate due process

In State v. Allen, Mr. Allen challenged a condition of probation that prohibited him from associating with anyone with a criminal record. Allen argued that this condition violated due process and is generally unenforceable because it is overly broad. Allen asserted the condition would, for example, prohibit someone from associating with a spouse or relative who has a criminal record, or from working at a place which employed anyone with a criminal record.

The Supreme Court rejected these arguments. According to the Court:

In the present case, we reject Appellant's arguments and uphold the validity of the standard condition that Appellant not associate with persons with a criminal record. The condition is not so overly broad as a general rule that it violates due process in all cases; nor does application of the condition under the facts and circumstances of this case violate due process. The condition is reasonably related to the crime for which Appellant was convicted, is intended to prevent future criminal conduct, and should aid in Appellant's rehabilitation.

We further hold, as the trial court and other courts have recognized, that the no-association condition implicitly requires a finding that the probationer knew the person in question had a criminal record during the period of association, and that the association was not simply an unknowing or incidental encounter.