§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), (b)(3), or (b)(13), 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; and ¹

(4) 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.²

(4) ³ 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.

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. The results of a drug test administered in accordance with paragraph (4) 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).⁴

(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) pay a fine imposed pursuant to the provisions of subchapter C;

(3) make restitution to a victim of the offense under sections 3663 and 3664 (but not subject to the limitations of section 3663(a));

(4) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555;

(5) work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment;

(6) 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;

(7) refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons;

(8) 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;

(9) refrain from possessing a firearm, destructive device, or other dangerous weapon;

(10) 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;

(11) 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;

(12) 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;

(13) work in community service as directed by the court;

(14) reside in a specified place or area, or refrain from residing in a specified place or area;

(15) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;

(16) report to a probation officer as directed by the court or the probation officer;

(17) permit a probation officer to visit him at his home or elsewhere as specified by the court;

(18) answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment;

(19) notify the probation officer promptly if arrested or questioned by a law enforcement officer;

(20) 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;

(21) 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; or

(22) satisfy such other conditions as the court may impose.

(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.

(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1993 ; amended Pub. L. 99–646, §§11(a), 12(a), Nov. 10, 1986, 100 Stat. 3594 ; Pub. L. 100–182, §§10, 18, Dec. 7, 1987, 101 Stat. 1267 , 1270; Pub. L. 100–690, title VII, §§7086, 7110, 7303(a)(1), 7305(a), Nov. 18, 1988, 102 Stat. 4408 , 4419, 4464, 4465; Pub. L. 101–647, title XXXV, §3584, Nov. 29, 1990, 104 Stat. 4930 ; Pub. L. 102–521, §3, Oct. 25, 1992, 106 Stat. 3404 ; Pub. L. 103–322, title II, §20414(b), title XXVIII, §280002, title XXXII, §320921(b), Sept. 13, 1994, 108 Stat. 1830 , 2096, 2130.)

References in Text

Paragraph (4), referred to in concluding provisions of subsec. (a), probably means the paragraph (4) of subsec. (a) which was added by section 20414(b)(3) of Pub. L. 103–322.

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

1994-Subsec. (a). Pub. L. 103–322, §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, §§20414(b)(1), 320921(b)(1), amended par. (2) identically, striking out "and" at end.

Subsec. (a)(3). Pub. L. 103–322, §280002, 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.

Subsec. (a)(4). Pub. L. 103–322, §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, §20414(b)(3), which directed adding at end of subsec. (a) a par. (4) relating to submission to periodic drug testing in the case of conviction of a felony, misdemeanor, or infraction, was executed by inserting this par. after par. (3) to reflect the probable intent of Congress.

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, §3584(1), substituted "defendant" for "defendent" in last sentence.

Subsec. (b)(3). Pub. L. 101–647, §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, §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, §7303(a)(1), added par. (3).

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

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

1987-Subsec. (b)(12). Pub. L. 100–182, §18, inserted "(including a facility maintained or under contract to the Bureau of Prisons)" after "facility".

Subsec. (c). Pub. L. 100–182, §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, §11(a), struck out "in section 3581(b)" after "the offense".

Subsec. (c). Pub. L. 99–646, §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 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.

Section Referred to in Other Sections

This section is referred to in sections 3565, 3583, 3608, 3742, 5037 of this title; title 28 section 994.

¹ So in original. The word "and" probably should not appear.

² So in original. The period probably should be "; and".

³ So in original. Probably should be "(5)".

⁴ See References in Text note below.