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".
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010