What are the mandatory conditions on federal probation?
POSSIBLE EXCEPTION TO THE BAN ON SUBSTANCE USE
The Court can completely remove or suspend this condition if your pre-sentence report (or other reliable sentencing information) indicated a low risk of future substance abuse.
The following conditions are mandatory and apply to EVERYONE on Federal Probation. (Note: These also apply to everyone on Supervised Release, see PG. 229.)
- You cannot commit another federal, state, or local crime during the entire length of your federal probation. The court must make this condition known and clear to you.
- You cannot unlawfully use a controlled substance.
- You must submit to one drug test within 15 days of release and at least 2 periodic drug tests thereafter (as determined by the court).
- Consequences for a confirmed positive drug test include:
- Possible prison time, and
- Court-ordered participation in a substance abuse treatment program (unless your current or past participation in such a program warrants an exception)
- You must cooperate in the collection of a DNA sample. You may be placed in prison for up to one year or fined up to $100,000 if you fail to cooperate with a DNA sample.
- You must notify your U.S. probation officer if there is any significant change in your income or economic circumstances, which would impact how much you can pay towards any unpaid restitution, fines, or special assessments. Even those receiving SSI/SSDI “Disability” benefits will be asked to pay. If you are low-income, you should communicate with your probation officer about how you might be able to arrange payments you can afford.
IMPORTANT NOTE: other mandatory conditions may apply depending on your commitment offense! See the next question.
18 U.S.C. §§ 3563, 3583. ↑
18 U.S.C. § 3563. For people on supervised release, DNA samples are usually taken prior to your release (especially if you were convicted of murder, voluntary manslaughter, enslavement, kidnapping, robbery, burglary incest, or arson). But if your DNA sample was not taken prior to your release, some Districts contract with companies who will take your DNA sample after your release. See United States Courts, Judiciary Begins Sample Collection for DNA Testing, http://www.U.S.C.ourts.gov/News/TheThirdBranch/02-02-01/Judiciary_Begins_Sample_Collection_for_DNA_Testing.aspx. ↑
18 U.S.C. § 3563. ↑