Chapter 3: Gambling-Related Conditions (Probation and Supervised Release Conditions)
A. Statutory Authority
Under 18 U.S.C. § 3563(b)(22), the court may provide that the defendant “satisfy such other conditions as the court may impose.”
B. Sample Condition Language
You must participate in a gambling addiction treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). [[You must pay the costs of the program.] [You must pay [$___ per ___ (e.g., visit, week, month)] or [___ % of the costs of the program.]]
You must not engage in any form of gambling (including, but not limited to, lotteries, on-line wagering, sports betting) and you must not enter any casino or other establishment where gambling is the primary purpose (e.g., horse race tracks, off-track betting establishments).
- This condition serves the statutory sentencing purposes of public protection and rehabilitation. 18 U.S.C. § 3553(a)(2)(C) and (D).
- This condition enables the probation officer to satisfy the statutory requirements to keep informed of the conduct and condition of the defendant and aid the defendant and bring about improvements in his or her conduct and condition. 18 U.S.C. §§ 3603(2)-(3).
- This condition also assists with the collection of monetary penalties by ensuring that discretionary income is not spent on gambling.
D. Method of Implementation
- The probation officer implements the treatment condition by referring the defendant to an agency providing gambling addiction treatment.
- The probation officer implements the gambling ban condition by reviewing financial documentation relating to the defendant’s expenditures (bank records, credit reports, etc.) and contacting state gaming commissions to inquire whether the defendant has entered casinos.