UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
)
In the Matter of Standard )
and Special Conditions of )
Probation and Supervised Release )
)
)
GENERAL ORDER
After presentment, discussion, and vote by the Judges of this Court, the Court ADOPTS the
attached Standard and Special Conditions of Probation and Supervised Release and ORDERS that
they be published on the Court’s website and made a record of this Court.
So ORDERED this 1st day of March, 2018.
____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
STANDARD CONDITIONS OF SUPERVISION
1) You must report to the probation office in the federal judicial district where you are authorized
to reside within 72 hours of the time you were sentenced (if placed on probation) or released
from custody (if supervised release is ordered), unless the probation officer instructs you to
report to a different probation office or within a different time frame.
2) After initially reporting to the probation office, you will receive instructions from the court or
the probation officer about how and when to report to the probation officer, and you must report
to the probation officer as instructed.
3) You must not commit another federal, state, or local crime.
4) You must not own, possess, or have access to a firearm, ammunition, destructive device, or
dangerous weapon (i.e., anything that was designed, or was modified, for the specific purpose
of causing bodily injury or death to another person, such as nunchakus or tasers). Revocation
of supervision is mandatory for possession of a firearm.
5) You must not unlawfully possess a controlled substance.
6) You must refrain from any unlawful use of a controlled substance. You must submit to one drug
test within 15 days of release from imprisonment and at least two periodic drug tests thereafter,
as determined by the court. You must contribute to the cost of drug testing unless the probation
officer determines you do not have the ability to do so. Based upon a court order entered during
the period of supervision for good cause shown or resulting from a positive drug test or
evidence of excessive use of alcohol, you shall be placed in the Substance Abuse Intervention
Program (SAIP) (or comparable program in another district).
7) You must not knowingly leave the federal judicial district where you are authorized to reside
without first getting permission from the court or the probation officer.
8) You must follow the instructions of the probation officer related to the conditions of
supervision.
9) You must answer truthfully the questions asked by the probation officer.
10) You must live at a place approved by the probation officer. If you plan to change where you live
or anything about your living arrangements (such as the people you live with), you must 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, you must notify the
probation officer within 72 hours of becoming aware of a change or expected change. (If you
have been convicted of a crime of violence or a drug trafficking offense, the probation office
is responsible for complying with the notice provisions of 18 U.S.C. § 4042(b) and (c) if you
change your residence.)
11) You must allow the probation officer to visit you at any time at your home or elsewhere, and
you must permit the probation officer to take any items prohibited by the conditions of your
supervision that he or she observes in plain view.
12) You must work full time (at least 30 hours per week) at a lawful type of employment, unless the
probation officer excuses you from doing so. If you do not have full-time employment, you
must try to find full-time employment, unless the probation officer excuses you from doing so.
If you plan to change where you work or anything about your work (such as the position or the
job responsibilities), you must 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, you must notify the probation officer within 72 hours of becoming aware of a
change or expected change.
13) You must not communicate or interact with someone you know is engaged in criminal activity.
If you know someone has been convicted of a felony, you must not knowingly communicate or
interact with that person without first getting the permission of the probation officer.
14) If you are arrested or questioned by a law enforcement officer, you must notify the probation
officer within 72 hours.
15) You must not act or make any agreement with a law enforcement agency to act as a confidential
human source or informant without first getting the permission of the court.
16) If the probation officer determines that you pose a risk to another person (including an
organization), the probation officer may require you to notify the person about the risk, and you
must comply with that instruction. The probation officer may contact the person and confirm
that you have notified the person about the risk.
17) You must fully and truthfully disclose financial information as requested by the probation
officer related to the conditions of supervision. Financial information may include, but is not
limited to, authorization for release of credit information, bank records, income tax returns,
documentation of income and expenses, and other financial information regarding personal or
business assets, debts, obligations, and/or agreements in which the defendant has a business
involvement or financial interest.
18) You must support all dependents.
19) You must comply with the probation office’s Policies and Procedures Concerning Court-
Ordered Financial Obligations to satisfy the balance of any monetary obligation resulting from
the sentence imposed in the case. Further, you must notify the probation officer of any change
in your economic circumstances that might affect your ability to pay a fine, restitution, or
assessment fee. If you become more than 60 days delinquent in payments of financial
obligations, you may be: (a) required to attend a financial education or employment preparation
program under the administrative supervision of the probation officer; (b) placed on home
detention subject to location monitoring for a maximum period of 90 days under the
administrative supervision of the probation officer (and you must pay the cost of monitoring
unless the probation officer determines you do not have the ability to do so); and/or (c) placed
in a community corrections center for up to 180 days under the administrative supervision of
the probation officer (and you must pay the cost of subsistence unless the probation officer
determines you do not have the ability to do so).
SPECIAL CONDITIONS OF PROBATION/SUPERVISED RELEASE
1) You must cooperate in the collection of DNA under the administrative supervision of the
probation officer.
2) You will be monitored for a period of days/months by location monitoring technology
under the administrative supervision of the probation officer, and you must comply with all
requirements of the location monitoring program. You must pay for the cost of monitoring
unless the probation officer determines you do not have the ability to do so. During the
period of monitoring, you are restricted to your residence:
9 At all times except for medical necessities, court appearances, and other activities
specifically approved by the court.
(Home Incarceration)
9 At all times except for employment, education, religious services, medical, substance
abuse or mental health treatment; attorney visits, court appearances or other court-
ordered obligations, and other activities pre-approved by the probation officer.
(Home Detention)
9 Except during the following hours: __________________________________ .
(Curfew)
The form of location monitoring technology used to monitor you will be at the discretion of the
probation officer.
3) You must reside in a residential reentry center, or other designated facility, for a term of
days/months under the administrative supervision of the probation officer. You must follow the
rules and regulations of the center or facility. You must pay the cost of subsistence unless the
probation officer determines you do not have the ability to do so.
4) You must serve a total of days of intermittent confinement. You shall be confined in the
custody of the Bureau of Prisons:
9 a) from p.m. each Friday until a.m. each Monday for consecutive
weekends, or
9 b) from p.m. each evening to a.m. each morning for a period of weeks,
or
9 c) from p.m. each evening Monday through Thursday to a.m. the following
morning, and from p.m. each Friday until a.m. each Monday, for a period of
_ weeks, or
9 d) from a.m./p.m. on (date) until a.m./p.m. on (date),
for a period of ______ days.
The term of intermittent confinement shall commence upon designation by the U.S. Bureau of
Prisons. You are directed to self surrender to the designated institution or to the U.S. Marshal’s
Service.
5) The requirement that you submit to mandatory drug testing is suspended, based upon the court's
determination that you pose a low risk of future substance abuse.
6) You must not use or possess alcohol.
7) You must not use or possess any narcotic or controlled substance except as prescribed to you
by a licensed medical practitioner, and you must follow the instructions on the prescription. You
must not knowingly purchase, possess, distributed, administer, or otherwise use any
psychoactive substances (e.g., synthetic marijuana, bath salts, etc.) that impair a person’s
physical or mental functioning, whether or not intended for human consumption, except as with
the prior approval of the probation officer.
8) You must not go to, or remain at, any place where you know controlled substances are illegally
sold, used, distributed, or administered without first obtaining the permission of the probation
officer.
9) You must participate in the Substance Abuse Intervention Program (SAIP) (or comparable
program in the district of supervision) under the administrative supervision of the probation
officer, and you must comply with the requirements and rules of the program. This program
includes the following components: (a) testing by the probation officer or an approved vendor
to detect prohibited drug or alcohol use; (b) substance abuse education; (c) outpatient substance
abuse treatment, which may include individual or group counseling, provided by the probation
office or an approved vendor, and/or residential treatment; (c) placement in a community
corrections center (halfway house) for up to 270 days; and/or (d) home confinement subject to
electronic monitoring for up to 180 days. You must contribute to the costs of participation
unless the probation officer determines you do not have the ability to do so.
10) You must participate in a mental health treatment program under the administrative supervision
of the probation officer, and you must comply with the requirements and rules of the program.
You must contribute to the cost of treatment unless the probation officer determines you do not
have the ability to do so.
11) You must participate in an anger management treatment program under the administrative
supervision of the probation officer, and you must comply with the requirements and rules of
the program. You must contribute to the cost of treatment unless the probation officer
determines you do not have the ability to do so.
12) You must participate in a domestic violence treatment program under the administrative
supervision of the probation officer, and you must comply with the requirements and rules of
the program. You must contribute to the cost of treatment unless the probation officer
determines you do not have the ability to do so.
13) You must participate in a cognitive behavioral treatment program designed to promote
responsible thinking and to increase problem solving and social skills under the administrative
supervision of the probation officer, and you must comply with the requirements and rules of
the program. You must contribute to the cost of treatment unless the probation officer
determines you do not have the ability to do so.
14) You must perform hours of community service under the administrative supervision of
the probation officer.
15) If you are unemployed, you must perform hours of community service per week under
the administrative supervision of the probation officer, unless excused by the probation officer
for schooling, training, or other acceptable reason.
16) You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663,
3663A, and 3664.
17) You must not incur any new debts (other than normal debts for existing utilities, rental
expenses, or mortgage payments), increase existing credit lines, or open any new lines of credit
without the permission approval of the probation officer unless and until all court-ordered
financial obligations have been paid in full. New debt includes contracts which obligate
payments, credit agreements, and loans, including those with friends and family members.
18) You must maintain a single checking and/or savings account in your own legal name. You must
deposit all personal income and monetary gains into this account(s) and must pay all personal
expenses from this account.
19) You must participate in an educational services program under the administrative supervision
of the probation officer, and follow the requirements and rules of the program. Such programs
may include high school equivalency preparations, English as a Second Language classes, and
other classes designed to improve your proficiency in skills such as reading, writing,
mathematics, or computer use. You must contribute to the cost unless the probation officer
determines you do not have the ability to do so.
20) You must participate in a job skills or vocational training program under the administrative
supervision of the probation officer, and you must follow the requirements and rules of the
program. You must contribute to the cost of the training unless the probation officer determines
you do not have the ability to do so.
21) You must not obtain or maintain employment in the following occupation, business or
profession: .
The Court finds that: 1) a reasonably direct relationship exists between your business,
occupation, or employment and the conduct constituting the offense; and (2) imposition of such
a restriction is reasonably necessary to protect the public because there is reason to believe that,
absent such restriction, you will continue to engage in unlawful conduct similar to that of which
you were convicted. This condition is imposed for the term of probation or supervised release,
or , which is the minimum time frame necessary to protect the public.
22) You must comply with the requirements of the Sex Offender Registration and Notification Act
(34 U.S.C. § 20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any
state sex offender registration agency in the locations where you reside, work, are a student, and
were convicted of a qualifying offense.
23) You must participate in an approved sex offense-specific treatment program under the
administrative supervision of the probation officer, and you must comply with the requirements
and rules of the program. This program may include: a psycho-sexual evaluation; family, group,
and/or individual counseling; and psychological and clinical polygraph testing. The results of
the polygraph examinations may not be used as evidence in court for the purpose of revocation
of supervision, but may be considered in a hearing to modify conditions of release. While
participating in treatment, you must abide by all rules and requirements of the program. You
must notify the probation officer prior to canceling or rescheduling a treatment or polygraph
session. You must contribute to the cost of treatment and polygraph testing unless the probation
officer determines you do not have the ability to do so.
24) You must participate in the Computer and Internet Restriction/Monitoring Program (or
comparable program in another district) under the administrative supervision of the probation
officer, and you must follow the requirements of the program. This program includes the
following: (a) You must not possess or use any computer or Internet capable device without the
prior approval of the probation officer or the court. You must notify the probation officer before
altering or effecting repairs to any computer or Internet capable device you use. (b) You must
permit the probation officer to conduct periodic, unannounced examinations of any computer
and Internet capable device you use, other than equipment owned by your employer that is
maintained at a place of employment other than your home. The examination may include the
retrieval and copying of all data from the computer or Internet capable device, and internal or
external peripheral equipment, and any software. (c) You must allow the installation of
hardware/software on any Internet capable device you use, other than equipment owned by your
employer, that will enable monitoring of your computer and/or Internet use and compliance with
conditions of probation or supervised release. You must submit to such monitoring and shall
pay the cost of such monitoring under the administrative supervision of the probation officer.
You must consent to the placement of a notice on any computer or Internet capable device upon
which monitoring hardware/ software is installed to warn others of the existence of the
monitoring, and you must warn other people who use these computers or Internet capable
devices that the computers or devices may be subject to searches pursuant to this condition. (d)
You must not use any computer or Internet capable device owned by your employer except for
the strict benefit of your employer in the performance of your job-related duties. (e) You must
consent to third-party disclosure to any employer or potential employer of any computer and/or
Internet use restrictions which have been imposed upon you. (f) You must provide the probation
officer with accurate information about all hardware and software which comprise any computer
system and/or Internet capable device you use; all passwords you use; and information
pertaining to all Internet service providers you use, whether specifically subscribed by you or
not. (g) You must provide personal and business billing records of any computer or Internet
capable device you own or use upon request by the probation officer, and you must provide the
probation officer with written authorization for release of information from the service provider
of any Internet capable device you use (other than equipment owned by your employer). (h) You
must not possess or use any type of data encryption or stenography software or technique. You
must not alter, delete, or hide records pertaining to computer or Internet capable device, access,
retrieval, or storage.
25) You must participate in the Sex Offender Community Safety Program (or comparable program
in another district) under the administrative supervision of the probation officer, and you must
follow the requirements of the program. This program includes that: (a) You must not possess
any material that depicts and/or describes “sexually explicit conduct,” as defined in 18 U.S.C.
§ 2256(2), which, taken as a whole, would appeal to the prurient interest, and which lacks
serious literary, artistic, political, or scientific value (unless approved in advance by the
treatment provider for treatment purposes). “Material” includes, but is not limited to, pictures,
photographs, books, writings, drawings, videos, or video games. (b) You must not possess
bindings, blindfolds, restraints, handcuffs, or sadomasochistic paraphernalia. (c) You must not
go to adult-themed stores or strip clubs and must not subscribe to or utilize sex-related adult
telephone numbers or websites. (d) All out of district travel must be requested at least thirty (30)
days in advance, and you shall be subject to sex offender registration and notification
requirements and laws of the jurisdiction in which you travel. (e) You must not obtain or use
a postal box, commercial mail receiving agency, or storage space without the prior approval of
the probation officer or the court. (f) You must provide personal and business billing records
of any Internet capable device you own or use upon request by the probation officer.
Furthermore, you must provide the probation officer with written authorization for release of
information from the service provider of any Internet capable device you own or use. (g) You
must not associate with any individual convicted of a sex offense, except in a treatment setting,
without the prior approval of the probation officer. (h) You must not have any association or
unsupervised contact with a minor under the age of 18 years without the prior approval of the
probation officer. (I) If you enter into a dating, intimate, romantic, sexual, or marriage
relationship with a person who you know has a minor child under the age of 18 years, you must
notify the probation officer prior to engaging in that relationship, or promptly upon gaining such
knowledge, and you must cooperate with the probation officer to notify that person of your prior
sex offense conviction. (j) If your personal or criminal history reflects that you have committed
a sex offense in which any victim was a minor under the age of 18 years, you must not possess
children’s books, clothing, toys, games, videos, or similar material without the prior approval
of the probation officer. Failure to comply with these program requirements may subject you
to increased treatment requirements and/or to home detention subject to location monitoring for
a period of up to ninety (90) days under the administrative supervision of the probation officer,
for which you must pay the cost of monitoring unless the probation officer determines you do
not have the ability to do so.
26) You must submit your person, property, house, residence, vehicle, office, papers, computers (as
defined in 18 U.S.C. § 1030(e)(1)), and other electronic communications or data storage devices
or media, to a search conducted by the probation officer. Failure to submit to a search may be
grounds for revocation of supervision. You must warn any other occupants that the premises
may be subject to searches pursuant to this condition. The probation officer may conduct a
search pursuant to this condition only when reasonable suspicion exists that you have violated
a condition of supervision and the areas to be searched contain evidence of this violation. Any
search must be conducted in a reasonable time and in a reasonable manner.
27) Upon completion of the term of imprisonment, you shall be remanded to the custody of the U.S.
Marshals Service for surrender to an authorized Bureau of Immigration & Custody Enforcement
official for deportation proceedings in accordance with the Immigration and Nationality Act.
If you are not deported, you must report to the U.S. Probation Office within 72 hours of your
release from custody. If deported, (a) the term of supervision shall be non-reporting while you
reside outside the United States, (b) you must not reenter the United States without the express
permission of the Secretary of Homeland Security, and (c) should you re-enter the United States
within the term of supervised release, you must report to the nearest U.S. Probation Office
within 72 hours of arrival.
