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Appendix: Sample Special Condition Language (Probation and Supervised Release Conditions)

  1. Substance Abuse Treatment, Testing, and Abstinence

    You must participate in an [inpatient/outpatient] substance abuse 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 participate in an [inpatient/outpatient] alcohol abuse 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 use or possess any controlled substances without a valid prescription. If you do have a valid prescription, you must disclose the prescription information to the probation officer and follow the instructions on the prescription.

    You must submit to substance abuse testing to determine if you have used a prohibited substance. [[You must pay the costs of the testing.] [You must pay [$___ per ___ (e.g., visit, week, month)] or [___ % of the costs of the testing.]]  You must not attempt to obstruct or tamper with the testing methods.

    You must not use or possess alcohol.

    You must not knowingly purchase, possess, distribute, administer, or otherwise use any psychoactive substances (e.g., synthetic marijuana, bath salts, etc.) that impair a person’s physical or mental functioning, whether or not intended for human consumption, except with the prior approval of the probation officer.

  2. Mental Health Treatment

    You must participate in a mental health treatment program and follow the rules and regulations of that program. The probation officer, in consultation with the treatment provider, 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 take all mental health medications that are prescribed by your treating physician. [[You must pay the costs of the medication.] [You must pay [$___ per ___ (e.g., week, month)] or [___ % of the costs of the medication.]]
     
  3. Financial Requirements and Restrictions

    You must provide the probation officer with access to any requested financial information and authorize the release of any financial information. The probation office may share financial information with the U.S. Attorney’s Office.

    You must not incur new credit charges, or open additional lines of credit without the approval of the probation officer.

    If the judgment imposes a financial penalty, you must pay the financial penalty in accordance with the Schedule of Payments sheet of this judgment. You must also notify the court of any changes in economic circumstances that might affect the ability to pay this financial penalty.
     
  4. Employment Restrictions

    You must not engage in an occupation, business, profession, or volunteer activity that would require or enable you to _______ without the prior approval of the probation officer.

    You must not work in any type of employment without the prior approval of the probation officer.
     
  5. Association and Contact Restrictions

    You must not have direct contact with any child you know or reasonably should know to be under the age of 18, [including][not including] your own children, without the permission of the probation officer. If you do have any direct contact with any child you know or reasonably should know to be under the age of 18, [including][not including] your own children, without the permission of the probation officer, you must report this contact to the probation officer within 24 hours. Direct contact includes written communication, in-person communication, or physical contact. Direct contact does not include incidental contact during ordinary daily activities in public places.

    You must not communicate, or otherwise interact, with any known member of the _______ gang, without first obtaining the permission of the probation officer.

    You must not communicate, or otherwise interact, with [name of victim], either directly or through someone else, without first obtaining the permission of the probation officer.
     
  6. Place Restrictions

    You must not knowingly enter [name of neighborhood, city, county, subdivision, park, or other geographic entity with clearly defined boundary] without first obtaining the permission of the probation officer.

    You must not knowingly enter any [bar, tavern, etc.] without first obtaining the permission of the probation officer.

    You must not go to, or remain at any place where you know controlled substances are illegally sold, used, distributed, or administered without first obtaining the permission of the probation officer.

    You must not go to, or remain at, any place where you know children under the age of 18 are likely to be, including parks, schools, playgrounds, and childcare facilities.

    You must not go to, or remain at, a place for the primary purpose of observing or contacting children under the age of 18.
     
  7. Supporting Dependents

    If you are ordered by the government to make child support payments or to make payments to support a person caring for a child, you must make the payments and comply with the other terms of the order.

    You must meet any legal obligation to support or make payment toward the support of any person, including any dependent child, the co-parent or caretaker of a dependent child, or a spouse or former spouse.
     
  8. Gambling-Related Conditions

    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).
     
  9. Community Service

    You must complete ___ hours of community service within ___ months. The probation officer will supervise the participation in the program by approving the program (agency, location, frequency of participation, etc.). You must provide written verification of completed hours to the probation officer.

    You must be employed and complete community service for a combination of 30 hours per week. You must provide written verification of completed community service hours to the probation officer.
     
  10. Cognitive Behavioral Treatment

    You must participate in a cognitive-behavioral 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.). Such programs may include group sessions led by a counselor or participation in a program administered by the probation office. [[You must pay the costs of the program.] [You must pay [$___ per ___ (e.g., visit, week, month)] or [___ % of the costs of the program.]]
     
  11. Educational or Vocational Services

    You must participate in an educational services program and follow the rules and regulations of that program. Such programs may include high school equivalency preparation, English as a Second Language classes, and other classes designed to improve your proficiency in skills such as reading, writing, mathematics, or computer use. [[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 participate in a vocational services program and follow the rules and regulations of that program. Such a program may include job readiness training and skills development training. [[You must pay the costs of the program.] [You must pay [$___ per ___ (e.g., visit, week, month)] or [___ % of the costs of the program.]]
     
  12. Location Monitoring Technology to Monitor Compliance with Conditions of Supervision

    You will be monitored by the form of location monitoring technology indicated below for a period of __ months, and you must follow the rules and regulations of the location monitoring program. [[You must pay the costs of the program.] [You must pay [$___ per ___ (e.g., week, month)] or [___ % of the costs of the program.]]
    __ Location monitoring technology at the discretion of the probation officer
    __ Radio Frequency (RF) Monitoring
    __ GPS Monitoring (including hybrid GPS)
    __ Voice Recognition

    This form of location monitoring technology will be used to monitor the following restriction on your movement in the community:
    __You are restricted to your residence every day from ________ to _______ (Curfew).
    __You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as pre-approved by the officer (Home Detention).
    __You are restricted to your residence at all times except for medical necessities and court appearances or other activities specifically approved by the court (Home Incarceration).
    __You must comply with the following condition: ________________.
     
  13. Residential Reentry Center

    You must reside in a residential reentry center for a term of ______ days. You must follow the rules and regulations of the center.
     
  14. Intermittent Confinement

    You must serve a total of ______ days of intermittent confinement. The intermittent confinement shall be served for ________ consecutive (weekends or days) at the _______ facility beginning on (day), (date) at (time) and ending on (day), (date), no later than (time). You must follow the rules and regulations of the____ facility.
     
  15. Search and Seizure

    You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted by a United States probation officer.  Failure to submit to a search may be grounds for revocation of release.  You must warn any other occupants that the premises may be subject to searches pursuant to this condition.

    The probation officer may conduct a search under this condition only when reasonable suspicion exists that you have violated a condition of supervision and that the areas to be searched contain evidence of this violation.Any search must be conducted at a reasonable time and in a reasonable manner.
     
  16. Immigration-Related Requirements

    You must [immediately report, continue to report, or surrender] to U.S. Immigration and Customs Enforcement and follow all their instructions and reporting requirements until any deportation proceedings are completed.

    If you are ordered deported from the United States, you must remain outside the United States, unless legally authorized to re-enter. If you re-enter the United States, you must report to the nearest probation office within 72 hours after you return.

    You must seek proper documentation from U.S. Immigration and Customs Enforcement authorizing you to work in the United States.
     
  17. Restrictions on Viewing Sexually Explicit Materials

    You must not view or possess any “visual depiction” (as defined in 18 U.S.C. § 2256), including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of “sexually explicit conduct” (as defined in 18 U.S.C. § 2256).

    You must not view or possess any “visual depiction” (as defined in 18 U.S.C. § 2256) including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of “sexually explicit conduct” (as defined in 18 U.S.C. § 2256), that would compromise your sex offense-specific treatment.
     
  18. Sex Offense-Specific Assessment, Treatment, and Physiological Testing

    You must participate in a sex offense-specific assessment. [[You must pay the costs of the assessment.]  [You must pay [$___ per ___ (e.g., visit, week, month)] or [___ % of the costs of the assessment.]]

    You must participate in a sex offense-specific 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 participate in plethysmograph testing as part of the required participation in a sex offense-specific assessment and/or treatment.

    You must participate in visual response testing as part of the required participation in a sex offense-specific assessment and/or treatment.
     
  19. Polygraph for Sex Offender Management

    You must submit to periodic polygraph testing at the discretion of the probation officer as a means to ensure that you are in compliance with the requirements of your supervision or treatment program.
     
  20. Computer and Internet Restrictions

    You must not possess and/or use computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage devices or media.

    You must not access the Internet.

    You must not access the Internet except for reasons approved in advance by the probation officer.

    You must submit your computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage devices or media, to a search. You must warn any other people who use these computers or devices capable of accessing the Internet that the devices may be subject to searches pursuant to this condition. A probation officer may conduct a search pursuant to this condition only when reasonable suspicion exists that there is a violation of a condition of supervision and that the computer or device contains evidence of this violation. Any search will be conducted at a reasonable time and in a reasonable manner.

    You must allow the probation officer to install computer monitoring software on any computer (as defined in 18 U.S.C. § 1030(e)(1)) you use.

    To ensure compliance with the computer monitoring condition, you must allow the probation officer to conduct initial and periodic unannounced searches of any computers (as defined in 18 U.S.C. § 1030(e)(1)) subject to computer monitoring. These searches shall be conducted for the purposes of determining whether the computer contains any prohibited data prior to installation of the monitoring software; to determine whether the monitoring software is functioning effectively after its installation; and to determine whether there have been attempts to circumvent the monitoring software after its installation. You must warn any other people who use these computers that the computers may be subject to searches pursuant to this condition.