(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 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;
(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).
[1]
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