Conditions of Probation

(a) MANDATORY CONDITIONS (1) For any offense, the defendant shall not commit another federal, state or local offense (see 18 U.S.C. § 3563(a)). (2) For a felony, the defendant shall (A) make restitution, (B) work in community service, or (C) both, unless the court has imposed a fine, or unless the court finds on the record that extraordinary circum- stances exist that would make such a condition plainly unreasona- ble, in which event the court shall impose one or more of the discre- tionary conditions set forth under 18 U.S.C. § 3563(b) (see 18 U.S.C. § 3563(a)(2)). (3) For any offense, the defendant shall not unlawfully possess a con- trolled substance (see 18 U.S.C. § 3563(a)). (4) For a domestic violence crime as defined in 18 U.S.C. § 3561(b) by a defendant convicted of such an offense for the first time, the defendant shall attend a public, private, or non-profit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate ex- perts, if an approved program is available within a 50-mile radius of the legal residence of the defendant (see 18 U.S.C. § 3563(a)). (5) For any offense, the defendant shall 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 two periodic drug tests thereafter Guidelines Manual (November 1, 2024) ║ 421 §5B1.3 (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 presen- tence report or other reliable information indicates a low risk of future substance abuse by the defendant (see 18 U.S.C. § 3563(a)). (6) The defendant shall (A) make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and (B) pay the assessment imposed in accordance with 18 U.S.C. § 3013. If there is a court-established payment schedule for making restitution or paying the assessment (see 18 U.S.C. § 3572(d)), the defendant shall adhere to the schedule. (7) The defendant shall 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 (see 18 U.S.C. § 3563(a)). (8) If the court has imposed a fine, the defendant shall pay the fine or adhere to a court-established payment schedule (see 18 U.S.C. § 3563(a)). (9) If the defendant is required to register under the Sex Offender Regis- tration and Notification Act, the defendant shall comply with the re- quirements of that Act (see 18 U.S.C. § 3563(a)). (10) The defendant shall submit to the collection of a DNA sample from the defendant at the direction of the United States Probation Office if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. § 40702). (b) DISCRETIONARY CONDITIONS The court may impose other conditions of probation to the extent that such conditions (1) are reasonably related to (A) the nature and circumstances of the offense and the history and characteristics of the defendant; (B) the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (C) the need for the sentence imposed to afford adequate deterrence to criminal conduct; (D) the need to protect the public from further crimes of the defendant; and (E) the need to provide the defendant with needed ed- ucational or vocational training, medical care, or other correctional treat- ment in the most effective manner; and (2) involve only such deprivations of liberty or property as are reasonably necessary for the purposes of sen- tencing indicated in 18 U.S.C. § 3553(a) (see 18 U.S.C. § 3563(b)). 422 ║ Guidelines Manual (November 1, 2024) (c) “STANDARD” CONDITIONS (POLICY STATEMENT) §5B1.3 The following “standard” conditions are recommended for probation. Sev- eral of the conditions are expansions of the conditions required by statute: (1) The defendant shall report to the probation office in the federal judi- cial district where he or she is authorized to reside within 72 hours of the time the defendant was sentenced, unless the probation officer in- structs the defendant to report to a different probation office or within a different time frame. (2) After initially reporting to the probation office, the defendant will re- ceive instructions from the court or the probation officer about how and when to report to the probation officer, and the defendant shall report to the probation officer as instructed. (3) The defendant shall not knowingly leave the federal judicial district where he or she is authorized to reside without first getting permis- sion from the court or the probation officer. (4) The defendant shall answer truthfully the questions asked by the pro- bation officer. (5) The defendant shall live at a place approved by the probation officer. If the defendant plans to change where he or she lives or anything about his or her living arrangements (such as the people the defend- ant lives with), the defendant shall notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of be- coming aware of a change or expected change. (6) The defendant shall allow the probation officer to visit the defendant at any time at his or her home or elsewhere, and the defendant shall permit the probation officer to take any items prohibited by the con- ditions of the defendant’s supervision that he or she observes in plain view. (7) The defendant shall work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses the defendant from doing so. If the defendant does not have full-time em- ployment he or she shall try to find full-time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the defendant works or anything about his or her work (such as the position or the job responsibilities), the defend- ant shall notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance Guidelines Manual (November 1, 2024) ║ 423 §5B1.3 is not possible due to unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of becoming aware of a change or expected change. (8) The defendant shall not communicate or interact with someone the defendant knows is engaged in criminal activity. If the defendant knows someone has been convicted of a felony, the defendant shall not knowingly communicate or interact with that person without first get- ting the permission of the probation officer. (9) If the defendant is arrested or questioned by a law enforcement of- ficer, the defendant shall notify the probation officer within 72 hours. (10) The defendant shall not own, possess, or have access to a firearm, am- munition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bod- ily injury or death to another person, such as nunchakus or tasers). (11) The defendant shall not act or make any agreement with a law en- forcement agency to act as a confidential human source or informant without first getting the permission of the court. (12) If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the de- fendant shall comply with that instruction. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. (13) The defendant shall follow the instructions of the probation officer re- lated to the conditions of supervision. (d) “SPECIAL” CONDITIONS (POLICY STATEMENT) The following “special” conditions of probation are recommended in the cir- cumstances described and, in addition, may otherwise be appropriate in particular cases: (1) SUPPORT OF DEPENDENTS (A) If the defendant has one or more dependents — a condition spec- ifying that the defendant shall support his or her dependents. (B) If the defendant is ordered by the government to make child sup- port payments or to make payments to support a person caring for a child — a condition specifying that the defendant shall make the payments and comply with the other terms of the order. 424 ║ Guidelines Manual (November 1, 2024) §5B1.3 (2) DEBT OBLIGATIONS If an installment schedule of payment of restitution or a fine is im- posed — a condition prohibiting the defendant from incurring new credit charges or opening additional lines of credit without approval of the probation officer unless the defendant is in compliance with the payment schedule. (3) ACCESS TO FINANCIAL INFORMATION If the court imposes an order of restitution, forfeiture, or notice to vic- tims, or orders the defendant to pay a fine — a condition requiring the defendant to provide the probation officer access to any requested fi- nancial information. (4) SUBSTANCE ABUSE If the court has reason to believe that the defendant is an abuser of narcotics, other controlled substances or alcohol — (A) a condition re- quiring the defendant to participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol; and (B) a condition specifying that the defendant shall not use or possess alcohol. (5) MENTAL HEALTH PROGRAM PARTICIPATION If the court has reason to believe that the defendant is in need of psy- chological or psychiatric treatment — a condition requiring that the defendant participate in a mental health program approved by the United States Probation Office. (6) DEPORTATION If (A) the defendant and the United States entered into a stipulation of deportation pursuant to section 238(c)(5) of the Immigration and Nationality Act (8 U.S.C. § 1228(c)(5)*); or (B) in the absence of a stip- ulation of deportation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable — a condition ordering deporta- tion by a United States district court or a United States magistrate judge. *So in original. Probably should be 8 U.S.C. § 1228(d)(5). Guidelines Manual (November 1, 2024) ║ 425 §5B1.3 (7) SEX OFFENSES If the instant offense of conviction is a sex offense, as defined in Ap- plication Note 1 of the Commentary to §5D1.2 (Term of Supervised Release)— (A) A condition requiring the defendant to participate in a program approved by the United States Probation Office for the treatment and monitoring of sex offenders. (B) A condition limiting the use of a computer or an interactive com- puter service in cases in which the defendant used such items. (C) A condition requiring the defendant to submit to a search, at any time, with or without a warrant, and by any law enforcement or probation officer, of the defendant’s person and any property, house, residence, vehicle, papers, computer, other electronic com- munication or data storage devices or media, and effects, upon reasonable suspicion concerning a violation of a condition of pro- bation or unlawful conduct by the defendant, or by any probation officer in the lawful discharge of the officer’s supervision func- tions. (e) ADDITIONAL CONDITIONS (POLICY STATEMENT) The following “special conditions” may be appropriate on a case-by-case basis: (1) COMMUNITY CONFINEMENT Residence in a community treatment center, halfway house or similar facility may be imposed as a condition of probation. See §5F1.1 (Com- munity Confinement). (2) HOME DETENTION Home detention may be imposed as a condition of probation but only as a substitute for imprisonment. See §5F1.2 (Home Detention). (3) COMMUNITY SERVICE Community service may be imposed as a condition of probation. See §5F1.3 (Community Service). 426 ║ Guidelines Manual (November 1, 2024) §5B1.4 (4) OCCUPATIONAL RESTRICTIONS Occupational restrictions may be imposed as a condition of probation. See §5F1.5 (Occupational Restrictions). (5) CURFEW A condition imposing a curfew may be imposed if the court concludes that restricting the defendant to his place of residence during evening and nighttime hours is necessary to provide just punishment for the offense, to protect the public from crimes that the defendant might commit during those hours, or to assist in the rehabilitation of the defendant. Electronic monitoring may be used as a means of surveil- lance to ensure compliance with a curfew order. (6) INTERMITTENT CONFINEMENT Intermittent confinement (custody for intervals of time) may be or- dered as a condition of probation during the first year of probation. See §5F1.8 (Intermittent Confinement). Application Note: Commentary 1. Application of Subsection (c)(4).—Although the condition in subsection (c)(4) requires the defendant to “answer truthfully” the questions asked by the probation officer, a defendant’s le- gitimate invocation of the Fifth Amendment privilege against self-incrimination in response to a probation officer’s question shall not be considered a violation of this condition. Historical Note Effective November 1, 1987. Amended effective November 1, 1989 (amendments 273, 274, and 302); Novem- ber 1, 1997 (amendment 569); November 1, 1998 (amendment 584); November 1, 2000 (amendment 605); November 1, 2001 (amendment 615); November 1, 2002 (amendment 644); November 1, 2004 (amend- ment 664); November 1, 2007 (amendments 701 and 711); November 1, 2009 (amendment 733); November 1, 2016 (amendment 803); November 1, 2018 (amendment 813). §5B1.4. [Deleted] Historical Note Section 5B1.4 (Recommended Conditions of Probation and Supervised Release (Policy Statement)), effective November 1, 1987, amended effective November 1, 1989 (amendments 271, 272, and 302), was deleted by consolidation with §§5B1.3 and 5D1.3 effective November 1, 1997 (amendment 569). Guidelines Manual (November 1, 2024) ║ 427 §5C1.1 PART C ― IMPRISONMENT