⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
FILED
UNITED STATES DISTRICT COURT NOV 28 2016
WESTERN DISTRICT OF TEXAS
WESTER! TCT CouRT
CONDITIONS OF PROBATION AND SUPERVISED RELEASE: EXAS
(As Amended November 28, 2016) DEPUTY
It is ORDERED that the Conditions of Probation and Supervised Release applicable to each
defendant committed to probation or supervised release in any division of the Western District of
Texas, are adopted as follows:
Mandatory Conditions:
{1] The defendant shall not commit another federal, state, or local crime during the term of
supervision.
[2] The defendant shall not unlawfully possess a controlled substance.
[3] The defendant shall refrain from any unlawful use of a controlled substance. The
defendant shall submit to one drug test within 15 days of release on probation or
supervised release and at least two periodic drug tests thereafter (as determined by the
court), but the condition stated in this paragraph may be ameliorated or suspended by the
court if the defendant’s presentence report or other reliable sentencing information
indicates low risk of future substance abuse by the defendant.
[4] The defendant shall cooperate in the collection of DNA as instructed by the probation
officer, if the collection of such a sample is authorized pursuant to section 3 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. § 14135a).
[5] If applicable, the defendant shall comply with the requirements of the Sex Offender
Registration and Notification Act (42 U.S.C. § 16901, ef. seg.) as instructed by the
probation officer, the Bureau of Prisons, or any state sex offender registration agency in
which the defendant resides, works, is a student, or was convicted of a qualifying
offense.
[6] If convicted of a domestic violence crime as defined in 18 U.S.C. § 3561(b), the
defendant shall participate in an approved program for domestic violence.
[7] If the judgment imposes a fine or restitution, it is a condition of supervision that the
defendant pay in accordance with the Schedule of Payments sheet of the judgment.
[8] The defendant shall pay the assessment imposed in accordance with 18 U.S.C. § 3013.
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[9] 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.
Standard Conditions:
[1] The defendant shall report to the probation office in the federal judicial district where he
or she is authorized to reside within 72 hours of release from imprisonment, unless the
probation officer instructs 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 receive 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 permission from the court or the probation
officer.
[4] The defendant shall answer truthfully the questions asked by the probation 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 defendant lives with), the defendant shall notify the probation
officer at least 10 days before the change. If notifying the probation officer in advance 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
[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 conditions of the defendant’s supervision that are observed
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 employment, 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 job responsibilities), 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 becoming aware of a change or expected
change.
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[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 getting the permission of the probation officer.
(9] If the defendant is arrested or questioned by a law enforcement officer, the defendant
shall notify the probation officer within 72 hours.
[10] The defendant shall not own, possess, or have access to a firearm, ammunition,
destructive device, or dangerous weapon (ie., 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).
[11] The defendant shall 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.
[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 defendant 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 related to the
conditions of supervision.
[14] Ifthe judgment imposes other criminal monetary penalties, it is a condition of
supervision that the defendant pay such penalties in accordance with the Schedule of
Payments sheet of the judgment.
[15] If the judgment imposes a fine, special assessment, restitution, or other criminal
monetary penalties, it is a condition of supervision that the defendant shall provide the
probation officer access to any requested financial information.
[16] If the judgment imposes a fine, special assessment, restitution, or other criminal
monetary penalties, it is a condition of supervision that the defendant shall not incur any
new credit charges or open additional lines of credit without the approval of the
probation officer, unless the defendant is in compliance with the payment schedule.
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[17] If the defendant is excluded, deported, or removed upon release on probation or
supervised release, the term of supervision shall be a non-reporting term of probation or
supervised release. The defendant shall not illegally re-enter the United States. If the
defendant is released from confinement or not deported, or lawfully re-enters the United
States during the term of probation or supervised release, the defendant shall
immediately report in person to the nearest U.S. Probation Office.
Dated this LB ey of MV OV (Ww q re
FOR THE COURT:
Shr
ORLANDO L. GARCIA
Chief U.S. District Judge
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