18 U.S.C. § 3563 : US Code - Section 3563: Conditions of probation

Search 18 U.S.C. § 3563 : US Code - Section 3563: Conditions of probation

(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), (b)(3), or (b)(13),
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 described in section 4042(c)(4), that the
person report the address where the person will reside and any
subsequent change of residence to the probation officer
responsible for supervision, and that the person register in any
State where the person resides, is employed, carries on a
vocation, or is a student (as such terms are defined under
section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994); 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;
(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; or
(22) satisfy such other conditions as the court may impose.
(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).