in all Sex Offense Cases
The following standard and optional conditions of probation or supervised release shall be
included in the Judgment as appropriate in all cases where the offense of conviction, or a
defendant=s prior state or federal conviction, would qualify as a Asex offense@ as defined in
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the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16911(5) or
otherwise result in a reporting obligation by the defendant to any state or federal sex
offender registry. Within those conditions requiring an offender to obtain approval by the
probation officer for certain actions, the court retains the ultimate authority to grant the
approval requested, along with the right to review the probation officer=s decision upon the
offender=s written request.
(a) Standard Conditions.
(1) The defendant shall have no direct or indirect contact, at any time, for any
reason, with the victim(s) identified in the presentence report or the victim’s
family.
(2) The defendant shall submit to an evaluation by a qualified mental health
professional, approved by the probation officer, who is experienced in
treatment of sexual offenders. The defendant shall take all medications
reasonably related to treatment of his or her condition, complete all
treatment recommendations and abide by all rules, requirements and
conditions imposed by the professional. The defendant must do so until
discharged from treatment by the professional. Prior to being required to
submit any proposed course of treatment, the defendant or the United States
may seek review by the presiding district judge of any facet of the
prescribed course of treatment. The United States and the defendant shall
also have the right to seek review by the presiding district judge of any
continuation or discontinuation of such treatment.
(3) The defendant shall submit to risk assessments, psychological and
physiological testing, which may include, but is not limited to, a polygraph
examination or other specific tests to monitor the defendant’s compliance
with probation or supervised release treatment conditions, at the direction
of the probation officer.
(4) The defendant’s residence and employment shall be approved by the
probation officer. Any proposed change in residence or employment must
be provided to the probation officer at least 10 days prior to the change and
pre-approved before the change may take place.
(5) The defendant shall not access or possess any material depicting sexually
explicit conduct as defined in 18 U.S.C. § 2256(2)(A), including any
photograph, film, video, picture, or computer or computer generated image
or picture, nor shall the defendant knowingly enter, or knowingly remain in,
any location, without the prior approval of the probation officer, where such
materials can be accessed, obtained or viewed, including pictures,
photographs, books, writings, drawings, videos or video games. [The
rationale for amending this condition broadens the condition to include any
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sexually explicit material and not just possession of child pornography,
which is already a prohibited crime. A sex offender who continues to have
exposure to any pornography is continuing to engage in “fantasy sex,”
which may lead to high-risk behavior. He or she would also not be
addressing his or her intimacy deficits appropriately. Intimacy deficits are a
well-researched risk factor for sexual recidivism.]
(6) The defendant shall not use, purchase, possess, procure or otherwise obtain
any computer or electronic device that can be linked to any computer
networks, bulletin boards, internet, internet service providers or exchange
formats involving computers unless approved by the probation officer for
such purposes as looking for employment opportunities and submitting
applications to prospective employers through the internet; defendant’s
lawful gainful employment by a business entity; use by an immediate family
member living in defendant’s same household or for other legitimate
purposes. Such computers, computer hardware or software possessed solely
by the defendant is subject to searches and/or seizures by the probation
office.
(7) The defendant shall comply with the requirements of the Sex Offender
Registration and Notification Act (42 U.S.C. § 16901, et seq.) and/or
register as directed by the probation officer. The defendant shall register
with any local and/or State Sex Offender Registration agency in any state
or federal territory where the defendant resides, is employed, carries on a
vocation, or is a student, or was convicted of a qualifying offense, pursuant
to state law.
(8) The defendant shall provide the probation officer access to any requested
financial records and authorize the release of any financial information.
(9) The defendant shall not purchase, possess, or consume alcohol, and the
defendant shall not frequent any businesses whose primary function is to
serve alcohol beverages. [Substance abuse is considered to be an acute risk
factor for sex offenders. Drug and alcohol use have long been considered a
“disinhibitor,” and problems with drugs or alcohol are generally regarded
as elevating an individual’s risk for sexual recidivism. The sex offender,
more than any other type of criminal on supervision, needs to be alert, in
control, and ready to execute avoidance and escape plans whenever he or
she encounters a high-risk situation.]
(b) Optional Conditions.
(1) The term “minor” with respect to any condition of supervised release refers
to one who is under the age of eighteen (18) years.
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(2) The defendant shall not associate or have verbal, written, telephonic or
electronic communications with any minor except: 1) in the presence of the
parent or legal guardian of said minor; 2) on the condition that the defendant
notifies the parent or legal guardian of the defendant’s sex offender
conviction(s); and 3) with written approval from the probation officer. This
provision does not encompass minors working as waiters, cashiers, ticket
vendors, and similar service personnel with whom the defendant must deal
in order to obtain ordinary and usual commercial services.
(3) The defendant shall not loiter within 100 feet of any parks, school property,
playgrounds, arcades, amusement parks, daycare centers, swimming pools,
community recreation fields, zoos, youth centers, video arcades, carnivals,
circuses or other places that are primarily used or can reasonably be
expected to be used by minors without prior written permission of the
probation officer.
(4) The defendant shall not purchase, possess or control cameras, camcorders,
or movie cameras without prior approval of the probation officer. The
defendant may only use and possess cell phones that are limited by design
to vocal telephone communication without the capability to access the
internet or store or create images or video without prior approval of the
probation officer.
(5) The defendant shall notify employers, family, friends and others with whom
the defendant has regular contact of defendant’s conviction(s) as a sex
offender and that the defendant is being supervised by a probation officer.
(6) The defendant shall not engage in any forms of exhibitionism, voyeurism,
obscene phone calls or other lewd or lascivious behavior toward a minor,
nor engage in “grooming” behavior that is apt to attract, seduce or reduce
sexual resistance or inhibitions of a minor.
(7) The defendant shall not own, use or have access to the services of any
commercial mail receiving agency or storage unit nor shall the defendant
open or maintain a post office box or storage unit without the prior approval
of the probation officer. The defendant shall provide the probation officer
with a list of all P.O. boxes and/or storage units the defendant can access.
(8) The defendant shall not possess sadomasochistic or similar bindings or
handcuffs, or like forms of restraint.
(9) The defendant shall not possess minor’s clothing, toys, games, or the like
without permission of the probation officer.
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(10) The defendant shall not be employed in any position or participate as a
volunteer in any activity that involves contact with minors without written
permission from the probation officer. The defendant may not engage in an
activity that involves being in a position of trust or authority over any minor.
(11) The defendant shall participate in the District’s computer and internet
monitoring program and pay any costs associated therewith and abide by all
special conditions therein, as directed by the probation officer. Participation
in this program is contingent upon all program criteria being met.
(12) The defendant shall not possess pictures of minors, unless the pictures are
of the defendant’s children.
