Special conditions of federal parole

What special conditions could apply to me on federal parole?

If the U.S. Parole Commission determines that it is necessary to protect the public from further crimes and to provide adequate supervision over you, it may impose a special condition other than one of the general conditions above. Examples of special conditions of release that the Commission might require of you are found at 28 C.F.R. § 2.204(b)(2), and include the following possible requirements:

    If the Parole Commission requires you to participate in a drug-treatment program, you must submit to a drug test before release and to at least two other drug tests, as determined by your Probation Officer. However, a decision not to impose this special condition, because available information indicates that you have a low risk of future substance abuse, constitutes good cause (a good reason under the law) for suspending the drug testing requirements of 18 U.S.C. 4209(a).[1060] Furthermore, a grant of parole or re-parole depends on your passing all pre-release drug tests administered by the Federal Bureau of Prisons (BOP).[1061]
    You must live in or participate in a program at a community corrections center, or both, for all or part of your period of supervision;
    You must participate in a drug-or alcohol-treatment program, and abstain from all use of alcohol and other intoxicants;
    As an alternative to incarceration, you may be put on house arrest (home confinement), meaning you remain at home during nonworking hours, and your compliance is monitored by telephone or electronic signaling devices;
    You must allow a supervising off it a time of their choosing, to conduct a search of your person, or of any building, vehicle, or other area under your control, and to seize contraband found.
  1. 1060

    28 C.F.R. § 2.204.

  2. 1061

    See 28 C.F.R. § 2.40.

Can federal parole require me to go to a halfway house or require me to undergo drug or alcohol treatment while I’m under supervision?

Yes.[1062] Federal law allows the U.S. Parole Commission to require you to go into a halfway house or undergo treatment for drug or alcohol for all or part of the time under supervision. In most cases, you will be notified in advance and may submit comments about that proposal to the Parole Commission before the final decision is made.[1063]

  1. 1062

    18 U.S.C. § 3563(b)(9); see also, 2011 Federal Sentencing Guidelines Manual § 5B1.3(e)(1).

  2. 1063

    18 U.S.C. § 3563(b)(9).

If I’m on parole, may I own, use or possess firearms after they are released?

No—almost never. Except in very rare situations, federal law forbids anyone who has ever been convicted of a felony from possessing firearms or ammunition. Generally, you will not be permitted to own or possess a firearm or ammunition.[1064]

  1. 1064

    18 U.S.C. § 3563.

Can the parole commission change any of my conditions of release?

Yes. If you believe the conditions on your Certificate of Release are unfair, you may ask the Case Manager for an appeal form and submit it to the Regional Commissioner within 30 days after your release. The U.S. Parole Commission will consider the appeal and you will be notified of the decision within 21 days after you file your appeal. While the appeal is pending, the parolee must continue to abide by the conditions imposed.[1065]

  1. 1065

    28 C.F.R. §§ 2.40(d), 2.204(c)–(d).

After a parolee is released, may any of the conditions be changed? Can additional ones be imposed?

Yes. The Probation Officer or the U.S. Parole Commission may propose changing or adding to your conditions of federal parole. You will be notified of any such proposal and be given up to 10 days to make any written comments to the U.S. Parole Commission. You will be notified within 21 days after you provide written comments.[1066]

STEP 1: Ask your U.S. Probation Officer for a form to make comments.

STEP 2: You may write directly to the Commission (with a copy to your Probation Officer) if you want to have any of the conditions changed or deleted.[1067]

  1. 1066

    28 C.F.R. §§ 2.40(d), 2.204(c)–(d).

  2. 1067

    28 C.F.R. §§ 2.40(d), 2.204(c)–(d).