18 U.S.C. § 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) or (b)(12), unless the court has imposed a fine under this chapter, or 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)

21 U.S.C. 802 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 (), 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 or supervised release;

(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)

1 So in original. Probably should be “; or”.

satisfy such other conditions as the court may impose or; 

(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).

Pub. L. 98–473, title II, § 212(a)(2)Oct. 12, 198498 Stat. 1993 Pub. L. 99–646Nov. 10, 1986100 Stat. 3594 Pub. L. 100–182Dec. 7, 1987101 Stat. 1267 Pub. L. 100–690, title VIINov. 18, 1988102 Stat. 4408 Pub. L. 101–647, title XXXV, § 3584Nov. 29, 1990104 Stat. 4930 Pub. L. 102–521, § 3Oct. 25, 1992106 Stat. 3404 Pub. L. 103–322, title II, § 20414(b)Sept. 13, 1994108 Stat. 1830 Pub. L. 104–132, title II, § 203Apr. 24, 1996110 Stat. 1227 Pub. L. 104–208, div. C, title IIISept. 30, 1996110 Stat. 3009–625 Pub. L. 104–294, title VI, § 601(k)Oct. 11, 1996110 Stat. 3501 Pub. L. 105–119, title I, § 115(a)(8)(B)(i)Nov. 26, 1997111 Stat. 2465 Pub. L. 106–546, § 7(a)Dec. 19, 2000114 Stat. 2734 Pub. L. 107–273, div. B, title IV, § 4002(c)(1)Nov. 2, 2002116 Stat. 1808 Pub. L. 109–248, title I, § 141(d)July 27, 2006120 Stat. 603 Pub. L. 110–406, § 14(a)Oct. 13, 2008122 Stat. 4294(Added , , ; amended , §§ 11(a), 12(a), , ; , §§ 10, 18, , , 1270; , §§ 7086, 7110, 7303(a)(1), 7305(a), , , 4419, 4464, 4465; , , ; , , ; , title XXVIII, § 280002, title XXXII, § 320921(b), , , 2096, 2130; , , ; , §§ 308(g)(10)(E), 374(b), , , 3009–647; , , ; –(iii), , ; , , ; , (e)(12), , , 1811; , title II, § 210(a), , , 615; , (c), , .)

Editorial Notes

References in Text

Pub. L. 109–248July 27, 2006120 Stat. 590 section 10101 of Title 34The Sex Offender Registration and Notification Act, referred to in subsecs. (a)(8) and (b)(23), is title I of , , , which was classified principally to subchapter I (§ 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under and Tables.

section 3 of Pub. L. 106–546 section 40702 of Title 34Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (a)(9), is , which is classified to , Crime Control and Law Enforcement.

section 1228(d)(5) of Title 8Section 238(d)(5) of the Immigration and Nationality Act, referred to in subsec. (b)(21), is classified to , Aliens and Nationality.

The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.

Prior Provisions

Nov. 1, 1987section 3551 of this titleFor a prior section 3563, applicable to offenses committed prior to , see note set out preceding .

Amendments

Pub. L. 110–406, § 14(a)2008—Subsec. (a)(2). , substituted “(b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or” for “(b)(2), (b)(3), or (b)(13),”.

Pub. L. 110–406, § 14(c)Subsec. (b)(10). , inserted “or supervised release” after “probation”.

Pub. L. 109–248, § 141(d)2006—Subsec. (a)(8). , amended par. (8) generally. Prior to amendment, par. (8) read as follows: “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”.

Pub. L. 109–248, § 210(a)(1)Subsec. (b)(21). , which directed amendment of par. (21) by striking “or”, was executed by striking “or” at the end of the par. to reflect the probable intent of Congress.

Pub. L. 109–248, § 210(a)(2)Subsec. (b)(22). , substituted “or;” for period at end.

Pub. L. 109–248, § 210(a)(3)Subsec. (b)(23). , added par. (23).

Pub. L. 107–273, § 4002(e)(12)(A)Pub. L. 105–119, § 115(a)(8)(B)(i)2002—Subsec. (a). , made technical correction to directory language of . See 1997 Amendment note below.

Pub. L. 107–273, § 4002(c)(1)Pub. L. 104–294, § 601(k)(1)Subsec. (a)(3) to (5). , repealed , (2). See 1996 Amendment notes below.

Pub. L. 107–273, § 4002(e)(12)(B)Pub. L. 107–273, § 115(a)(8)(B)(ii)Subsec. (e). , made technical correction to directory language of . See 1997 Amendment note below.

Pub. L. 106–5462000—Subsec. (a)(9). added par. (9).

Pub. L. 105–119, § 115(a)(8)(B)(i)Pub. L. 107–273, § 4002(e)(12)(A)1997—Subsec. (a). , as amended by , struck out at end “The results of a drug test administered in accordance with paragraph (4) 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 paragraph (4).” and inserted these provisions at the end of this section.

Pub. L. 105–119, § 115(a)(8)(B)(iii)(I)Subsec. (a)(6), (7). , made technical amendment to place pars. (6) and (7) in numerical order immediately after par. (5).

Pub. L. 105–119, § 115(a)(8)(B)(iii)(II)Subsec. (a)(8). – (IV), added par. (8).

Pub. L. 105–119, § 115(a)(8)(B)(ii)Pub. L. 107–273, § 4002(e)(12)(B)Pub. L. 105–119, § 115(a)(8)(B)(i)Subsec. (e). , as amended by , designated provisions which were struck out from the concluding provisions of subsec. (a) and inserted at the end of this section by , as amended, as subsec. (e), inserted subsec. heading, and substituted “subsection (a)(5)” for “paragraph (4)” in two places.

Pub. L. 104–294, § 601(k)(2)(A)Pub. L. 104–132, § 203(1)(A)Pub. L. 107–273, § 4002(c)(1)1996—Subsec. (a)(3). , which could not be executed due to prior amendment by , was repealed by . See below.

Pub. L. 104–132, § 203(1)(A), struck out “and” at end of par. (3).

Pub. L. 104–294, § 601(k)(3)Subsec. (a)(4), (5). , transferred pars. (4) and (5) to appear in numerical order.

Pub. L. 104–294, § 601(k)(1)Pub. L. 104–132, § 203(1)(B)Pub. L. 107–273, § 4002(c)(1), (2)(B), which could not be executed due to prior amendment by –(D), was repealed by . See below.

Pub. L. 104–132, § 203(1)(B)–(D), redesignated second par. (4), relating to conditions of probation concerning drug use and testing, as (5), and substituted semicolon for period at end of pars. (4) and (5).

Pub. L. 104–132, § 203(1)(E)Subsec. (a)(6), (7). , added pars. (6) and (7).

Pub. L. 104–132, § 203(2)(C)Subsec. (b)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “make restitution to a victim of the offense under sections 3663 and 3664 (but not subject to the limitations of section 3663(a));”.

Pub. L. 104–132, § 203(2)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “pay a fine imposed pursuant to the provisions of subchapter C;”.

Pub. L. 104–132, § 203(2)(B)Subsec. (b)(3) to (20). , redesignated pars. (4) to (21) as (3) to (20), respectively. Former par. (3) redesignated (2).

Pub. L. 104–208, § 374(b)Subsec. (b)(21). , added par. (21). Former par. (21) redesignated (22).

Pub. L. 104–208, § 308(g)(10)(E), substituted “238(d)(5)” for “242A(d)(5)”.

Pub. L. 104–132, § 203(2)(B), redesignated par. (22) as (21). Former par. (21) redesignated (20).

Pub. L. 104–208, § 374(b)Subsec. (b)(22). , redesignated par. (21) as (22).

Pub. L. 104–132, § 203(b)(2), redesignated par. (22) as (21).

Pub. L. 103–322, § 20414(b)(4)1994—Subsec. (a). , inserted at end of concluding provisions “The results of a drug test administered in accordance with paragraph (4) 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 paragraph (4).”

Pub. L. 103–322Subsec. (a)(2). , §§ 20414(b)(1), 320921(b)(1), amended par. (2) identically, striking out “and” at end.

Pub. L. 103–322, § 280002Subsec. (a)(3). , substituted “unlawfully possess a controlled substance” for “possess illegal controlled substances”.

Pub. L. 103–322, §§ 20414(b)(2), 320921(b)(2), amended par. (3) identically, substituting “; and” for period at end.

Pub. L. 103–322, § 320921(b)(3)Subsec. (a)(4). , added par. (4) relating to attendance at a rehabilitation program in the case of conviction of a domestic violence crime.

Pub. L. 103–322, § 20414(b)(3), added at end of subsec. (a) par. (4) relating to conditions of probation concerning drug use and testing.

Pub. L. 102–5211992—Subsec. (b)(21), (22). added par. (21) and redesignated former par. (21) as (22).

Pub. L. 101–647, § 3584(1)1990—Subsec. (a). , substituted “defendant” for “defendent” in last sentence.

Pub. L. 101–647, § 3584(2)Subsec. (b)(3). , substituted “under sections 3663 and 3664” for “pursuant to the provisions of section 3663 and 3664” and “section 3663(a)” for “3663(a)”.

Pub. L. 100–690, § 70861988—Subsec. (a)(2). , inserted “, 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)”.

Pub. L. 100–690, § 7303(a)(1)Subsec. (a)(3). , added par. (3).

Pub. L. 100–690, § 7110Subsec. (b)(3). , substituted “3663 and 3664 (but not subject to the limitations of 3663(a))” for “3556”.

Pub. L. 100–690, § 7305(a)Subsec. (b)(20), (21). , added par. (20) and redesignated former par. (20) as (21).

Pub. L. 100–182, § 181987—Subsec. (b)(12). , inserted “(including a facility maintained or under contract to the Bureau of Prisons)” after “facility”.

Pub. L. 100–182, § 10Subsec. (c). , struck out comma after “The court may” and substituted “the modification of probation and” for “revocation or modification of probation”.

Pub. L. 99–646, § 11(a)1986—Subsec. (b)(11). , struck out “in section 3581(b)” after “the offense”.

Pub. L. 99–646, § 12(a)Subsec. (c). , struck out “, after a hearing” after “court may” and inserted “the provisions of the Federal Rules of Criminal Procedure relating to revocation or modification of probation” after “pursuant to”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–273, div. B, title IV, § 4002(c)(1)Nov. 2, 2002116 Stat. 1808Oct. 11, 1996, , , provided that the amendment made by section 4002(c)(1) is effective .

Pub. L. 107–273, div. B, title IV, § 4002(e)(12)Nov. 2, 2002116 Stat. 1811Nov. 26, 1997, , , provided that the amendment made by section 4002(e)(12) is effective .

Effective Date of 1997 Amendment

Pub. L. 105–119Nov. 26, 1997section 115(c)(1) of Pub. L. 105–119 section 3521 of this titleAmendment by effective 1 year after , see , set out as a note under .

Effective Date of 1996 Amendments

section 308(g)(10)(E) of Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 1101 of Title 8Amendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under , Aliens and Nationality.

Pub. L. 104–132Apr. 24, 1996section 211 of Pub. L. 104–132 section 2248 of this titleAmendment by to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–690, title VII, § 7303(d)Nov. 18, 1988102 Stat. 4464

December 31, 1988“The amendments made by this section [amending this section and sections 3565, 3583, 4209, and 4214 of this title] shall apply with respect to persons whose probation, supervised release, or parole begins after .”

, , , provided that:

Effective Date of 1987 Amendment

Pub. L. 100–182Dec. 7, 1987section 26 of Pub. L. 100–182 section 3006A of this titleAmendment by applicable with respect to offenses committed after , see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–646, § 11(b)Nov. 10, 1986100 Stat. 3594

Nov. 1, 1987“The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3563(b)(11) [].”

, , , provided that:

Pub. L. 99–646, § 12(c)(1)Nov. 10, 1986100 Stat. 3594

Nov. 1, 1987“The amendments made by subsection (a) [amending this section] shall take effect on the date of the taking effect of such section 3563(c) [].”

, , , provided that:

Effective Date

Nov. 1, 1987section 235(a)(1) of Pub. L. 98–473 section 3551 of this titleSection effective , and applicable only to offenses committed after the taking effect of this section, see , set out as a note under .