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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. Cybercrime-Related Conditions

    You are ordered to participate in cybercrime management and will inform your officer of all computer devices possessed or accessible to you. This includes (a) desktop or laptop computers; (b) smartphones, smart watches, and tablets; (c) smart appliances/Internet of Things (IoT) devices, including hub or personal assistant devices; and (d) all network accessing devices, including internet-connectable gaming systems. You will not acquire or access any new or additional computer devices unless approved by your officer. You will also inform your officer of all your computer device, internet service provider (ISP), and social media user accounts (local and on-line services), both upon entering supervision and in the event that you create or receive additional user accounts.

    You are permitted use of standard computer device(s) (desktop/laptop computers, smart phones/tablets) with internet access and will permit the U.S. Probation/Pretrial Services Office (USPPSO) to configure, manage, and install monitoring software on all your approved standard computer devices. Your standard computer device(s) are limited to those that can be configured, managed, and monitored by the USPPSO. The configuration, management, and monitoring of your standard computer devices shall be specific to your Court-ordered conditions, risk and needs, and cybercrime management requirements.

    You are permitted use of standard computer devices (desktop/laptop computer, smart phones/tablets) without internet access and will permit the U.S. Probation/Pretrial Services Office (USPPSO) to configure and install monitoring software on all your approved standard computer devices. Your standard computer device(s) are limited to those that can be configured, managed, and monitored by the USPPSO. The configuration, management, and monitoring of your standard computer devices shall be specific to your Court ordered conditions, risk and needs, and Cybercrime Management Program requirements.

    You are permitted use of standard computer devices (desktop/laptop computers, smart phones/tablets) with internet access and will permit the U.S. Probation/Pretrial Services Office (USPPSO) to configure and manage all your approved standard computer devices. The approval of your standard computer devices is limited to devices that can be configured and managed by the USPPSO. The configuration and management of your standard computer devices shall be specific to your Court ordered conditions, risk and needs, and Cybercrime Management Program requirements.

    You are permitted use of standard computer device(s) (desktop/laptop computer, smart phones/tablets) without internet access and will permit the U.S. Probation/Pretrial Services Office (USPPSO) to configure and manage all your approved standard computer devices. Your standard computer device(s) are limited to those that can be configured and managed by the USPPSO. The configuration and management of your standard computer devices shall be specific to your Court ordered conditions, risk and needs, and Cybercrime Management Program requirements.

    You are restricted from any personal use of standard computer devices (desktop/laptop computer, smart phones/tablets).

    Non-standard computer devices possessed or accessible to you (such as smart TV’s, refrigerators, game systems, and personal assistants) shall be assessed by the U.S. Probation/Pretrial Services Office (USPPSO) for risk and need of use. You must permit the United States Probation and Pretrial Services Office (USPPSO) to configure and/or manage approved non-standard devices for compliance with your Court ordered conditions and cybercrime management requirements. Non-standard computer devices that are not able to be configured and/or managed, or which are assessed as being of substantial risk to the successful completion of supervision, may be prohibited.

    You may access publicly accessible computer devices for legitimate transactional purposes (such as ATMs, kiosks, and point of sale terminals). With the awareness and approval of your officer, you may also use specialized computer devices outside your residence (i.e., employment agency, work search, and employers’ computer devices) but only for their intended use.

    Your use of standard computer device(s) (desktop/laptop computers, smart phones/tablets) is restricted to legitimate and necessary purposes. Examples of legitimate and necessary use are employment, education, religious activities, treatment services, medical services, communication with friends/family and attorney, personal finance, and legal obligations.

    You shall not access (insert specific “blacklisted” sites, applications, categories, or activities here based on identified individual risk).

    You shall only access (insert specific “whitelisted” sites, applications, categories, or activities here based on identified individual risk).

    You may be limited to two standard computer devices (desktop/laptop computer, smart phones/tablets), unless otherwise approved by your officer.

    You are responsible for all computer monitoring and/or management costs for your approved computer devices.

    You are responsible for computer monitoring and/or management costs for your approved computer devices based on your ability to pay, as determined by the Probation/Pretrial Services Office.

    You must allow the U.S. Probation/Pretrial Services Office to conduct initial and periodic unannounced searches of any computer devices or networked systems used or possessed by you. Initial searches of computer devices and networked systems will be conducted to determine if they contain or allow access to any materials or capabilities which would violate the Court’s ordered conditions; or programs/applications, settings, configurations that would be problematic for monitoring software (if ordered) and Cybercrime Management Program requirements. Periodic unannounced searches of these devices and systems will be conducted to verify that the monitoring software is functional (if ordered), that required configurations are unaltered, and that no circumvention efforts have been made to alter the device’s operation(s) or functionality.

    You must submit your person; property; house; residence; vehicle; papers; computer devices, other electronic communications, network or cloud storage, data storage devices or media; or office, to a search conducted by a United States probation officer. 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. 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.