IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
REPORTING NONCOMPLIANCE OF DISTRICT COURT GENERAL ORDER
PERSONS UNDER PRETRIAL OR 2021-9
POST-CONVICTION SUPERVISION
This general order supersedes General Order 2011-10.
WHEREAS, 18 U.S.C. § 3154(5) requires probation officers to inform the Court and the
United States Attorney of all apparent violations of pretrial release conditions, and 18 U.S.C.
§ 3603 requires probation officers to report on the conduct of a person under supervision to the
sentencing court.
WHEREAS, the Guide to Judiciary Policy Volume 8, Part C, (Supervision of Federal
Defendants), Chapter 7, and Part E (Post Conviction Supervision), Chapter 4, further outlines
national expectations regarding reporting noncompliant behavior by persons under supervision to
the Court. The Guide includes comprehensive reporting requirements which may result in
inordinate amounts of paperwork and negatively impact the efficiency of the Court and the
Probation Office.
Regardless of any reporting requirements to the Court, probation officers must address all
instances of noncompliance in their efforts to bring the person under supervision into compliance
with all court orders. Reporting on noncompliant behavior may be done as information reports
requesting no court action, petitions requesting modification of release and/or supervision
conditions, or petitions for revocation of supervision; it is hereby
ORDERED that, in the interest of efficiency and judicial economy, probation officers of
this Court may, after consulting with their supervisors, use discretion in reporting noncompliance
unless the noncompliance involves:
1. New felony criminal conduct;
2. Violations that may carry a mandatory revocation penalty (possession of a firearm
or controlled substance, more than three positive drug tests in one year, or refusal
to comply with a mandatory drug test). As to positive drug tests, probation
officers may use discretion in determining when to report noncompliance if the
exception under 18 U.S.C. § 3583(d) or 18 U.S.C. §§ 3565(b) and 3563(e) applies
based on an individual’s current or past participation in substance abuse treatment
programs;
3. Absconding from supervision or failing to appear in court or voluntarily surrender
as directed;
4. Default on court-ordered financial obligation; or
5. Any circumstance or pattern of conduct that presents substantial risk to the public
or involves repeated instances of noncompliance and less intrusive community-
based responses have failed.
In addition, for persons under pretrial supervision, probation officers are also required to
report to the Court any noncompliance that involves:
1. New misdemeanor criminal conduct;
2. Refusal to surrender passport/obtaining a new passport;
3. Serious and/or repeated violations of location monitoring;
4. Repeated use of any prohibited substance;
5. Refusal to participate in treatment; or
6. Risk related travel without permission.
Dated at Denver, Colorado this 12th day of July, 2021.
BY THE COURT
PHILIP A. BRIMMER
Chief United States District Judge
