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December 1, 2020
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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IN THE MATTER OF ADOPTION OF ) SECOND AMENDED GENERAL
11 STANDARD CONDITIONS OF ) ORDER NO. 20-04
PROBATION AND SUPERVISED )
12 RELEASE AND SENTENCING ) (Supersedes General Order No.18-10)
ORDERS AND CONDITIONS OF )
13 PROBATION AND SUPERVISED )
RELEASE PERTAINING TO )
14 FINANCIAL SANCTIONS )
15 This General Order supersedes General Order No. 18-10. IT IS HEREBY
16 ORDERED that the Judges of the Central District of California adopt: (1) the standard
17 conditions of probation and supervised release set forth in Section I, below, to apply in
18 every case in which probation or supervised release is imposed; (2) the sentencing
19 orders set forth in Section II, below, to apply in every case in which a fine or
20 restitution has been ordered; and (3) the conditions of probation and supervised release
21 set forth in Section III, below, to apply in every case in which probation or supervised
22 release is imposed in addition to the imposition of a fine or restitution. The presiding
23 judge may impose any other conditions the judge deems advisable, consistent with
24 existing or future law, in individual cases of supervision.
25 I. STANDARD CONDITIONS OF PROBATION AND SUPERVISED
26 RELEASE
27 1) The defendant must not commit another federal, state, or local crime;
28 2) The defendant must report to the probation office in the federal judicial
Second Amended General Order No. 20-04
1 district of residence within 72 hours of imposition of a sentence of
2 probation or release from imprisonment, unless otherwise directed by the
3 probation officer;
4 3) The defendant must report to the probation office as instructed by the
5 court or probation officer;
6 4) The defendant must not knowingly leave the judicial district without first
7 receiving the permission of the court or probation officer;
8 5) The defendant must answer truthfully the inquiries of the probation
9 officer, unless legitimately asserting his or her Fifth Amendment right
10 against self-incrimination as to new criminal conduct;
11 6) The defendant must reside at a location approved by the probation officer
12 and must notify the probation officer at least 10 days before any
13 anticipated change or within 72 hours of an unanticipated change in
14 residence or persons living in defendant’s residence;
15 7) The defendant must permit the probation officer to contact him or her at
16 any time at home or elsewhere and must permit confiscation of any
17 contraband prohibited by law or the terms of supervision and observed in
18 plain view by the probation officer;
19 8) The defendant must work at a lawful occupation unless excused by the
20 probation officer for schooling, training, or other acceptable reasons and
21 must notify the probation officer at least ten days before any change in
22 employment or within 72 hours of an unanticipated change;
23 9) The defendant must not knowingly associate with any persons engaged in
24 criminal activity and must not knowingly associate with any person
25 convicted of a felony unless granted permission to do so by the probation
26 officer. This condition will not apply to intimate family members, unless
27 the court has completed an individualized review and has determined that
28 the restriction is necessary for protection of the community or
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Second Amended General Order No. 20-04
1 rehabilitation;
2 10) The defendant must refrain from excessive use of alcohol and must not
3 purchase, possess, use, distribute, or administer any narcotic or other
4 controlled substance, or any paraphernalia related to such substances,
5 except as prescribed by a physician;
6 11) The defendant must notify the probation officer within 72 hours of being
7 arrested or questioned by a law enforcement officer;
8 12) For felony cases, the defendant must not possess a firearm, ammunition,
9 destructive device, or any other dangerous weapon;
10 13) The defendant must not act or enter into any agreement with a law
11 enforcement agency to act as an informant or source without the
12 permission of the court;
13 14) The defendant must follow the instructions of the probation officer to
14 implement the orders of the court, afford adequate deterrence from
15 criminal conduct, protect the public from further crimes of the defendant;
16 and provide the defendant with needed educational or vocational training,
17 medical care, or other correctional treatment in the most effective manner.
18 II. STATUTORY PROVISIONS PERTAINING TO PAYMENT AND
19 COLLECTION OF FINANCIAL SANCTIONS
20 1) The defendant must pay interest on a fine or restitution of more than
21 $2,500, unless the court waives interest or unless the fine or restitution is
22 paid in full before the fifteenth (15th) day after the date of the judgment
23 under 18 U.S.C. § 3612(f)(1). Payments may be subject to penalties for
24 default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties
25 pertaining to restitution, however, are not applicable for offenses
26 completed before April 24, 1996. Assessments, restitution, fines,
27 penalties, and costs must be paid by certified check or money order made
28 payable to “Clerk, U.S. District Court.” Each certified check or money
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Second Amended General Order No. 20-04
1 order must include the case name and number. Payments must be
2 delivered to:
3 United States District Court, Central District of California
4 Attn: Fiscal Department
5 255 East Temple Street, Room 1178
6 Los Angeles, CA 90012
7 or such other address as the Court may in future direct.
8 2) If all or any portion of a fine or restitution ordered remains unpaid after
9 the termination of supervision, the defendant must pay the balance as
10 directed by the United States Attorney’s Office. 18 U.S.C. § 3613.
11 3) The defendant must notify the United States Attorney within thirty (30)
12 days of any change in the defendant’s mailing address or residence
13 address until all fines, restitution, costs, and special assessments are paid
14 in full. 18 U.S.C. § 3612(b)(l)(F).
15 4) The defendant must notify the Court (through the Probation Office) and
16 the United States Attorney of any material change in the defendant’s
17 economic circumstances that might affect the defendant’s ability to pay a
18 fine or restitution, as required by 18 U.S.C. § 3664(k). The Court may
19 also accept such notification from the government or the victim, and may,
20 on its own motion or that of a party or the victim, adjust the manner of
21 payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18
22 U.S.C. § 3572(d)(3) and for probation 18 U.S.C. § 3563(a)(7).
23 5) Payments will be applied in the following order:
24 a. Special assessments under 18 U.S.C. § 3013;
25 b. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all non-
26 federal victims must be paid before the United States is paid):
27 Non-federal victims (individual and corporate),
28 Providers of compensation to non-federal victims,
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Second Amended General Order No. 20-04
1 The United States as victim;
2 c. Fine;
3 d. Community restitution, under 18 U.S.C. § 3663(c); and
4 e. Other penalties and costs.
5 III. CONDITIONS OF PROBATION AND SUPERVISED RELEASE
6 PERTAINING TO FINANCIAL SANCTIONS
7 1) As directed by the Probation Officer, the defendant must provide to the
8 Probation Officer: (1) a signed release authorizing credit report inquiries;
9 (2) federal and state income tax returns or a signed release authorizing
10 their disclosure and (3) an accurate financial statement, with supporting
11 documentation as to all assets, income and expenses of the defendant. In
12 addition, the defendant must not apply for any loan or open any line of
13 credit without prior approval of the Probation Officer.
14 2) When supervision begins, and at any time thereafter upon request of the
15 Probation Officer, the defendant must produce to the Probation and
16 Pretrial Services Office records of all bank or investments accounts to
17 which the defendant has access, including any business or trust accounts.
18 Thereafter, for the term of supervision, the defendant must notify and
19 receive approval of the Probation Office in advance of opening a new
20 account or modifying or closing an existing one, including adding or
21 deleting signatories; changing the account number or name, address, or
22 other identifying information affiliated with the account; or any other
23 modification. If the Probation Office approves the new account,
24 modification or closing, the defendant must give the Probation Officer all
25 related account records within 10 days of opening, modifying or closing
26 the account. The defendant must not direct or ask anyone else to open or
27 maintain any account on the defendant’s behalf.
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1 3) The defendant must not transfer, sell, give away, or otherwise convey any
2 asset with a fair market value in excess of $500 without approval of the
3 Probation Officer until all financial obligations imposed by the Court have
4 been satisfied in full.
5 This General Order will be effective upon filing by the Clerk.
6 IT IS SO ORDERED.
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9 CHIEF UNITED STATES DISTRICT JUDGE
10 Date of Approval by the Court: December 1, 2020
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12 Date of Filing by the Clerk: December 1, 2020
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