How can I file a complaint if I feel that my federal probation officer is not accommodating my disability, or feel that I am not getting access to parole services or programs?

Unfortunately, there are no special procedures or forms to seek accommodations for your disability, or to complain about overly restrictive conditions under federal supervision. There are several steps you can take to try and rectify the situation.

STEP 1: If your disability makes it difficult to comply with your federal probation or parole conditions, or your conditions are overly strict and cause you harm due to your disability, the first thing to do is talk with your U.S. probation officer.[1106] You should explain:

    Your disability;
    Which condition of supervision is causing you problems due to your disability (e.g., drug testing conditions that prevent you from taking necessary medication) or how you are being treated differently due to your disability (e.g., you are stopped from participating in certain programs due to your disability or related medical treatment) or why you need additional help to participate in activities or follow the rules of supervision; and
    What accommodations (like changes in rules, policies, or procedures), services, or other assistance you need for your disability.[1107]
    If you have any other documents—such as a letter from your doctor or prescription for medication—you should show that to your probation officer. You can also remind your probation officer that federal law requires him or her to provide “reasonable accommodations” for your disability. Your probation officer, along with the judge and any medical providers who help you with your disability, will consider your situation and make a case-by-case decision about whether and how to accommodate your disability.

STEP 2: If you are unhappy with your probation officer’s decision, you can ask a supervisor for assistance. If the probation department does not provide the assistance you need, you can go to court to request a change in your supervision conditions or other accommodations.[1108]

STEP 3: You have the right to file an administrative complaint with the Department of Justice, which will investigate and attempt to resolve cases of discrimination based on disability, including a hearing and appeal process.[1109] Note, however that this process can take a long time to complete, so it’s best as a last resort.

  1. 1106

    Telephone conversation with Deputy Chief Noel Belton, U.S. Probation Office, Northern District of California, Nov. 5, 2014. Telephone conversation with Day Officer Nisha Modica and Supervision Supervisor Jeff Oestreicher, U.S. Probation Office, Eastern District of California, Nov. 5, 2014. If you know before sentencing that one (or more) of the recommended conditions of probation (described in the pre-sentence report) will cause problems due to your disability, you can ask the judge to change them at sentencing. ↑

  2. 1107

    See Colum. Hum. Rts. L. Rev., A Jailhouse Lawyer’s Manual: Rights of Prisoners with Disabilities (9th ed.), 2011. ↑

  3. 1108

    You can also file a new complaint (start a new case) to allege disability discrimination under Section 504. “Your Section 504 complaint must say that: (1) You are an individual with a disability; (2) You are “otherwise qualified” for the program, activity, or service from which you were excluded; (3) You were denied benefits or discriminated against solely because of your disability; and (4) The program, activity, prison, or jail receives federal financial assistance. . .. But your complaint should also include other information, both to make your situation clear and to get the judge to sympathize with the problems you face in prison. You should (1) discuss your disability in detail, (2) explain the accommodations you need, and (3) describe the discrimination you have experienced. You should also mention any other facts you think are relevant and will make your argument stronger.” Colum. Hum. Rts. L. Rev., A Jailhouse Lawyer’s Manual at 726. ↑

  4. 1109

    28 C.F.R. § 39.170. ↑