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18 U.S.C. § 3563 — Conditions of probation

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 1,529 words · no verdicts yet

in plain englishAI-generated · not legal advice

A probation sentence must include conditions against new crimes, unlawful controlled-substance possession, and certain other conduct, including restitution and assessments. The court may add many risk-related conditions, may change them, and must give the defendant a clear written statement; special rules govern drug-test confirmation.

(a) Mandatory conditions. The court must expressly require that (1) every defendant not commit a Federal, State, or local crime during probation; (2) a felony defendant follow at least one condition under (b)(2) or (b)(12), unless a fine is imposed or extraordinary circumstances make that plainly unreasonable, in which case other (b) conditions must be imposed; (3) the defendant not unlawfully possess a controlled substance; (4) a first-time domestic-violence offender attend a court-approved public, private, or nonprofit rehabilitation program, after consultation with a State Coalition Against Domestic Violence or other experts, if one is readily available within 50 miles of the defendant's legal residence; (5) the defendant not unlawfully use a controlled substance and take one drug test within 15 days after release and at least two later periodic tests, unless the court reduces or suspends this for a person whose presentence report or other reliable information shows low future-abuse risk; (6) make restitution under sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664 and pay the section 3013 assessment; (7) notify the court of a material economic change that might affect ability to pay restitution, fines, or assessments; (8) a person required to register under SORNA comply with it; and (9) cooperate in collecting a DNA sample when authorized by the DNA Analysis Backlog Elimination Act. If the court imposed and ordered execution of a fine while placing the defendant on probation, paying it or following the installment schedule is a probation condition. (b) Discretionary conditions. To the extent reasonably related to section 3553(a)(1) and (a)(2), and involving only reasonably necessary liberty or property deprivations, the court may require the defendant to (1) support dependents and meet family duties; (2) pay restitution to a victim under section 3556 without section 3663(a) or 3663A(c)(1)(A)'s limit; (3) give victims the notice ordered under section 3555; (4) conscientiously work at suitable employment or pursue suitable study or job training; (5) for an individual, avoid a specified occupation, business, or profession directly related to the offense, or engage in it only to a stated extent or under stated conditions; (6) avoid specified kinds of places or unnecessary association with specified people; (7) avoid excessive alcohol and any unprescribed narcotic or controlled substance; (8) not possess a firearm, destructive device, or other dangerous weapon; (9) undergo available medical, psychiatric, or psychological treatment, including drug or alcohol treatment, and remain in a required institution; (10) remain in Bureau of Prisons custody during nights, weekends, or other intervals totaling no more than the lesser of one year or the authorized prison term, during the first probation or supervised-release year; (11) live at or participate in a community-corrections facility for all or part of probation; (12) perform court-directed community service; (13) live in or avoid a specified place or area; (14) stay within the court's jurisdiction unless the court or probation officer permits departure; (15) report as directed; (16) permit a probation officer to visit at home or elsewhere specified; (17) answer the officer's questions and promptly report address or employment changes; (18) promptly report arrest or questioning by law enforcement; (19) stay at home during nonworking hours and, if appropriate, use telephone or electronic monitoring, but only as an alternative to incarceration; (20) comply with a State, District of Columbia, or other United States possession or territory order requiring child-support or parent-and-child-support payments; (21) accept deportation ordered by a district court or magistrate under a defendant–United States stipulation under 8 U.S.C. 1228(d)(5), or, without a stipulation, if after notice and hearing the Attorney General proves deportability clearly and convincingly; (22) satisfy other court-imposed conditions; or (23) if required to register under SORNA, submit the person and listed property, including home, vehicle, papers, computers, electronic communications or storage devices or media, to searches without a warrant by law enforcement or probation officers on reasonable suspicion of a condition violation or unlawful conduct, and by probation officers lawfully performing supervision. (c) The court may modify, reduce, or enlarge probation conditions before the term expires or ends, under the Federal Rules provisions for modification and initial conditions. (d) The court must direct the probation officer to give the defendant a written, sufficiently clear and specific statement of every condition, for the defendant's conduct and supervision. (e) A drug test under (a)(5) needs confirmation only if positive, imprisonment is possible for the failure, and the defendant disputes accuracy or another reason questions the result. A positive-testing defendant may be detained pending verification. Confirmation must use urine gas chromatography/mass spectrometry, or a test the Administrative Office Director, after consulting HHS, finds equally accurate. When acting against a defendant who fails such a test, the court must consider whether available treatment or the person's current or past treatment supports an exception under Sentencing Commission guidelines to section 3565(b).

the actual law source: uscode.house.gov ↗public domain
(a)Mandatory Conditions.—

The court shall provide, as an explicit condition of a sentence of probation—

(1)

for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation;

(2)

for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b);

(3)

for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance;

(4)

for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant;

(5)

for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant’s presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant;

(6)

that the defendant—

(A)

make restitution in accordance with sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and

(B)

pay the assessment imposed in accordance with section 3013;

(7)

that the defendant will notify the court of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay restitution, fines, or special assessments;

(8)

for a person required to register under the Sex Offender Registration and Notification Act, that the person comply with the requirements of that Act; and

(9)

that the defendant cooperate in the collection of a DNA sample from the defendant if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000.

If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation.

(b)Discretionary Conditions.—

The court may provide, as further conditions of a sentence of probation, to the extent that such conditions are reasonably related to the factors set forth in section 3553(a)(1) and (a)(2) and to the extent that such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that the defendant—

(1)

support his dependents and meet other family responsibilities;

(2)

make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A));

(3)

give to the victims of the offense the notice ordered pursuant to the provisions of section 3555;

(4)

work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment;

(5)

refrain, in the case of an individual, from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances;

(6)

refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons;

(7)

refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner;

(8)

refrain from possessing a firearm, destructive device, or other dangerous weapon;

(9)

undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, as specified by the court, and remain in a specified institution if required for that purpose;

(10)

remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of probation or supervised release;

(11)

reside at, or participate in the program of, a community corrections facility (including a facility maintained or under contract to the Bureau of Prisons) for all or part of the term of probation;

(12)

work in community service as directed by the court;

(13)

reside in a specified place or area, or refrain from residing in a specified place or area;

(14)

remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;

(15)

report to a probation officer as directed by the court or the probation officer;

(16)

permit a probation officer to visit him at his home or elsewhere as specified by the court;

(17)

answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment;

(18)

notify the probation officer promptly if arrested or questioned by a law enforcement officer;

(19)

remain at his place of residence during nonworking hours and, if the court finds it appropriate, that compliance with this condition be monitored by telephonic or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration;

(20)

comply with the terms of any court order or order of an administrative process pursuant to the law of a State, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of a child or of a child and the parent with whom the child is living;

(21)

be ordered deported by a United States district court, or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 238(d)(5) of the Immigration and Nationality Act, except that, in the absence of a stipulation, the United States district court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable;

(22)

satisfy such other conditions as the court may impose or; 1

(23)

if required to register under the Sex Offender Registration and Notification Act, submit his person, and any property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects to search at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct by the person, and by any probation officer in the lawful discharge of the officer’s supervision functions.

(c)Modifications of Conditions.—

The court may modify, reduce, or enlarge the conditions of a sentence of probation at any time prior to the expiration or termination of the term of probation, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the conditions of probation.

(d)Written Statement of Conditions.—

The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the sentence is subject, and that is sufficiently clear and specific to serve as a guide for the defendant’s conduct and for such supervision as is required.

(e)Results of Drug Testing.—

The results of a drug test administered in accordance with subsection (a)(5) shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A defendant who tests positive may be detained pending verification of a positive drug test result. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3565(b), when considering any action against a defendant who fails a drug test administered in accordance with subsection (a)(5).

Source credit: (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1993; amended Pub. L. 99–646, §§ 11(a), 12(a), Nov. 10, 1986, 100 Stat. 3594; Pub. L. 100–182, §§ 10, 18, Dec. 7, 1987, 101 Stat. 1267, 1270; Pub. L. 100–690, title VII, §§ 7086, 7110, 7303(a)(1), 7305(a), Nov. 18, 1988, 102 Stat. 4408, 4419, 4464, 4465; Pub. L. 101–647, title XXXV, § 3584, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 102–521, § 3, Oct. 25, 1992, 106 Stat. 3404; Pub. L. 103–322, title II, § 20414(b), title XXVIII, § 280002, title XXXII, § 320921(b), Sept. 13, 1994, 108 Stat. 1830, 2096, 2130; Pub. L. 104–132, title II, § 203, Apr. 24, 1996, 110 Stat. 1227; Pub. L. 104–208, div. C, title III, §§ 308(g)(10)(E), 374(b), Sept. 30, 1996, 110 Stat. 3009–625, 3009–647; Pub. L. 104–294, title VI, § 601(k), Oct. 11, 1996, 110 Stat. 3501; Pub. L. 105–119, title I, § 115(a)(8)(B)(i)–(iii), Nov. 26, 1997, 111 Stat. 2465; Pub. L. 106–546, § 7(a), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 107–273, div. B, title IV, § 4002(c)(1), (e)(12), Nov. 2, 2002, 116 Stat. 1808, 1811; Pub. L. 109–248, title I, § 141(d), title II, § 210(a), July 27, 2006, 120 Stat. 603, 615; Pub. L. 110–406, § 14(a), (c), Oct. 13, 2008, 122 Stat. 4294.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-473 · 98 Stat. 1993
  • 1986Amended · Pub. L. 99-646 · 100 Stat. 3594
  • 1987Amended · Pub. L. 100-182 · 101 Stat. 1267, 1270
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4408, 4419, 4464, 4465
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4930
  • 1992Amended · Pub. L. 102-521 · 106 Stat. 3404
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1830, 2096, 2130
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1227
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3501
  • 1997Amended · Pub. L. 105-119 · 111 Stat. 2465
  • 2000Amended · Pub. L. 106-546 · 114 Stat. 2734
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1808, 1811
  • 2006Amended · Pub. L. 109-248 · 120 Stat. 603, 615
  • 2008Amended · Pub. L. 110-406 · 122 Stat. 4294

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.

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