All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
Prosecution Report
Not Available
5 Prosecutions
in Fiscal Year 2014
Conviction Report
Not Available
1 Conviction
in Fiscal Year 2014

CITE

    18 USC Sec. 3563                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 227 - SENTENCES
    SUBCHAPTER B - PROBATION

HEAD

    Sec. 3563. Conditions of probation

STATUTE

      (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) 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 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) 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).

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
    Stat. 1993; amended Pub. L. 99-646, Secs. 11(a), 12(a), Nov. 10,
    1986, 100 Stat. 3594; Pub. L. 100-182, Secs. 10, 18, Dec. 7, 1987,
    101 Stat. 1267, 1270; Pub. L. 100-690, title VII, Secs. 7086, 7110,
    7303(a)(1), 7305(a), Nov. 18, 1988, 102 Stat. 4408, 4419, 4464,
    4465; Pub. L. 101-647, title XXXV, Sec. 3584, Nov. 29, 1990, 104
    Stat. 4930; Pub. L. 102-521, Sec. 3, Oct. 25, 1992, 106 Stat. 3404;
    Pub. L. 103-322, title II, Sec. 20414(b), title XXVIII, Sec.
    280002, title XXXII, Sec. 320921(b), Sept. 13, 1994, 108 Stat.
    1830, 2096, 2130; Pub. L. 104-132, title II, Sec. 203, Apr. 24,
    1996, 110 Stat. 1227; Pub. L. 104-208, div. C, title III, Secs.
    308(g)(10)(E), 374(b), Sept. 30, 1996, 110 Stat. 3009-625, 3009-
    647; Pub. L. 104-294, title VI, Sec. 601(k), Oct. 11, 1996, 110
    Stat. 3501; Pub. L. 105-119, title I, Sec. 115(a)(8)(B)(i)-(iii),
    Nov. 26, 1997, 111 Stat. 2465; Pub. L. 106-546, Sec. 7(a), Dec. 19,
    2000, 114 Stat. 2734; Pub. L. 107-273, div. B, title IV, Sec.
    4002(c)(1), (e)(12), Nov. 2, 2002, 116 Stat. 1808, 1811; Pub. L.
    109-248, title I, Sec. 141(d), title II, Sec. 210(a), July 27,
    2006, 120 Stat. 603, 615; Pub. L. 110-406, Sec. 14(a), (c), Oct.
    13, 2008, 122 Stat. 4294.)

REFERENCES IN TEXT

      The Sex Offender Registration and Notification Act, referred to
    in subsecs. (a)(8) and (b)(23), is title I of Pub. L. 109-248, July
    27, 2006, 120 Stat. 590, which is classified principally to
    subchapter I (Sec. 16901 et seq.) of chapter 151 of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 16901 of
    Title 42 and Tables.
      Section 3 of the DNA Analysis Backlog Elimination Act of 2000,
    referred to in subsec. (a)(9), is classified to section 14135a of
    Title 42, The Public Health and Welfare.
      Section 238(d)(5) of the Immigration and Nationality Act,
    referred to in subsec. (b)(21), is classified to section 1228(d)(5)
    of Title 8, 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

      For a prior section 3563, applicable to offenses committed prior
    to Nov. 1, 1987, see note set out preceding section 3551 of this
    title.
                                AMENDMENTS
      2008 - Subsec. (a)(2). Pub. L. 110-406, Sec. 14(a), 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),".
      Subsec. (b)(10). Pub. L. 110-406, Sec. 14(c), inserted "or
    supervised release" after "probation".
      2006 - Subsec. (a)(8). Pub. L. 109-248, Sec. 141(d), 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".
      Subsec. (b)(21). Pub. L. 109-248, Sec. 210(a)(1), 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.
      Subsec. (b)(22). Pub. L. 109-248, Sec. 210(a)(2), substituted
    "or;" for period at end.
      Subsec. (b)(23). Pub. L. 109-248, Sec. 210(a)(3), added par.
    (23).
      2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(e)(12)(A), made
    technical correction to directory language of Pub. L. 105-119, Sec.
    115(a)(8)(B)(i). See 1997 Amendment note below.
      Subsec. (a)(3) to (5). Pub. L. 107-273, Sec. 4002(c)(1), repealed
    Pub. L. 104-294, Sec. 601(k)(1), (2). See 1996 Amendment notes
    below.
      Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(12)(B), made technical
    correction to directory language of Pub. L. 107-273, Sec.
    115(a)(8)(B)(ii). See 1997 Amendment note below.
      2000 - Subsec. (a)(9). Pub. L. 106-546 added par. (9).
      1997 - Subsec. (a). Pub. L. 105-119, Sec. 115(a)(8)(B)(i), as
    amended by Pub. L. 107-273, Sec. 4002(e)(12)(A), 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.
      Subsec. (a)(6), (7). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(I),
    made technical amendment to place pars. (6) and (7) in numerical
    order immediately after par. (5).
      Subsec. (a)(8). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(II)-
    (IV), added par. (8).
      Subsec. (e). Pub. L. 105-119, Sec. 115(a)(8)(B)(ii), as amended
    by Pub. L. 107-273, Sec. 4002(e)(12)(B), designated provisions
    which were struck out from the concluding provisions of subsec. (a)
    and inserted at the end of this section by Pub. L. 105-119, Sec.
    115(a)(8)(B)(i), as amended, as subsec. (e), inserted subsec.
    heading, and substituted "subsection (a)(5)" for "paragraph (4)" in
    two places.
      1996 - Subsec. (a)(3). Pub. L. 104-294, Sec. 601(k)(2)(A), which
    could not be executed due to prior amendment by Pub. L. 104-132,
    Sec. 203(1)(A), was repealed by Pub. L. 107-273, Sec. 4002(c)(1).
    See below.
      Pub. L. 104-132, Sec. 203(1)(A), struck out "and" at end of par.
    (3).
      Subsec. (a)(4), (5). Pub. L. 104-294, Sec. 601(k)(3), transferred
    pars. (4) and (5) to appear in numerical order.
      Pub. L. 104-294, Sec. 601(k)(1), (2)(B), which could not be
    executed due to prior amendment by Pub. L. 104-132, Sec. 203(1)(B)-
    (D), was repealed by Pub. L. 107-273, Sec. 4002(c)(1). See below.
      Pub. L. 104-132, Sec. 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).
      Subsec. (a)(6), (7). Pub. L. 104-132, Sec. 203(1)(E), added pars.
    (6) and (7).
      Subsec. (b)(2). Pub. L. 104-132, Sec. 203(2)(C), 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, Sec. 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;".
      Subsec. (b)(3) to (20). Pub. L. 104-132, Sec. 203(2)(B),
    redesignated pars. (4) to (21) as (3) to (20), respectively. Former
    par. (3) redesignated (2).
      Subsec. (b)(21). Pub. L. 104-208, Sec. 374(b), added par. (21).
    Former par. (21) redesignated (22).
      Pub. L. 104-208, Sec. 308(g)(10)(E), substituted "238(d)(5)" for
    "242A(d)(5)".
      Pub. L. 104-132, Sec. 203(2)(B), redesignated par. (22) as (21).
    Former par. (21) redesignated (20).
      Subsec. (b)(22). Pub. L. 104-208, Sec. 374(b), redesignated par.
    (21) as (22).
      Pub. L. 104-132, Sec. 203(b)(2), redesignated par. (22) as (21).
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 20414(b)(4), 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)."
      Subsec. (a)(2). Pub. L. 103-322, Secs. 20414(b)(1), 320921(b)(1),
    amended par. (2) identically, striking out "and" at end.
      Subsec. (a)(3). Pub. L. 103-322, Sec. 280002, substituted
    "unlawfully possess a controlled substance" for "possess illegal
    controlled substances".
      Pub. L. 103-322, Secs. 20414(b)(2), 320921(b)(2), amended par.
    (3) identically, substituting "; and" for period at end.
      Subsec. (a)(4). Pub. L. 103-322, Sec. 320921(b)(3), added par.
    (4) relating to attendance at a rehabilitation program in the case
    of conviction of a domestic violence crime.
      Pub. L. 103-322, Sec. 20414(b)(3), added at end of subsec. (a)
    par. (4) relating to conditions of probation concerning drug use
    and testing.
      1992 - Subsec. (b)(21), (22). Pub. L. 102-521 added par. (21) and
    redesignated former par. (21) as (22).
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 3584(1), substituted
    "defendant" for "defendent" in last sentence.
      Subsec. (b)(3). Pub. L. 101-647, Sec. 3584(2), substituted "under
    sections 3663 and 3664" for "pursuant to the provisions of section
    3663 and 3664" and "section 3663(a)" for "3663(a)".
      1988 - Subsec. (a)(2). Pub. L. 100-690, Sec. 7086, 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)".
      Subsec. (a)(3). Pub. L. 100-690, Sec. 7303(a)(1), added par. (3).
      Subsec. (b)(3). Pub. L. 100-690, Sec. 7110, substituted "3663 and
    3664 (but not subject to the limitations of 3663(a))" for "3556".
      Subsec. (b)(20), (21). Pub. L. 100-690, Sec. 7305(a), added par.
    (20) and redesignated former par. (20) as (21).
      1987 - Subsec. (b)(12). Pub. L. 100-182, Sec. 18, inserted
    "(including a facility maintained or under contract to the Bureau
    of Prisons)" after "facility".
      Subsec. (c). Pub. L. 100-182, Sec. 10, struck out comma after
    "The court may" and substituted "the modification of probation and"
    for "revocation or modification of probation".
      1986 - Subsec. (b)(11). Pub. L. 99-646, Sec. 11(a), struck out
    "in section 3581(b)" after "the offense".
      Subsec. (c). Pub. L. 99-646, Sec. 12(a), 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".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
    116 Stat. 1808, provided that the amendment made by section
    4002(c)(1) is effective Oct. 11, 1996.
      Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(12), Nov. 2,
    2002, 116 Stat. 1811, provided that the amendment made by section
    4002(e)(12) is effective Nov. 26, 1997.
                     EFFECTIVE DATE OF 1997 AMENDMENT
      Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,
    1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note
    under section 14071 of Title 42, The Public Health and Welfare.
                     EFFECTIVE DATE OF 1996 AMENDMENTS
      Amendment by section 308(g)(10)(E) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of Title 8, Aliens and Nationality.
      Amendment by Pub. L. 104-132 to be effective, to extent
    constitutionally permissible, for sentencing proceedings in cases
    in which defendant is convicted on or after Apr. 24, 1996, see
    section 211 of Pub. L. 104-132, set out as a note under section
    2248 of this title.
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Section 7303(d) of Pub. L. 100-690 provided that: "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
    December 31, 1988."
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Amendment by Pub. L. 100-182 applicable with respect to offenses
    committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
    set out as a note under section 3006A of this title.
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Section 11(b) of Pub. L. 99-646 provided that: "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) [Nov. 1,
    1987]."
      Section 12(c)(1) of Pub. L. 99-646 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    the date of the taking effect of such section 3563(c) [Nov. 1,
    1987]."
                              EFFECTIVE DATE
      Section effective Nov. 1, 1987, and applicable only to offenses
    committed after the taking effect of this section, see section
    235(a)(1) of Pub. L. 98-473, set out as a note under section 3551
    of this title.

FOOTNOTE

    (!1) So in original. Probably should be "; or".
Customized queries of TRAC's data TRAC FBI Web Site TRAC DEA Web Site TRAC Immigration Web Site TRAC DHS Web Site TRAC IRS Web Site TRAC ATF Web Site TRAC Reports Web Site
Transactional Records Access Clearinghouse, Syracuse University
Copyright 2010
TRAC Web Site