The conditions of supervised release are the rules a federal judge sets for your time on supervision. They come in three kinds: mandatory conditions from the statute, standard conditions from the Sentencing Guidelines, and special conditions that fit a particular case. Breaking any of them can be a violation.

What rules does everyone on supervised release have to follow?

18 U.S.C. § 3583(d) lists conditions the court must order. You must:

  • not commit another federal, state or local crime;
  • not unlawfully possess a controlled substance. Unlawful means unlawful under federal law. That includes marijuana, even in a state that allows it, and a prescription drug you have no lawful right to possess;
  • not unlawfully use a controlled substance, and take a drug test within 15 days of release and at least two more tests after that, as the court decides;
  • pay restitution (money owed to victims) if the court ordered it;
  • give a DNA sample if the law authorizes collecting one;
  • comply with the Sex Offender Registration and Notification Act, if you are required to register under it; and
  • attend an approved rehabilitation program, if you were convicted for the first time of a domestic violence crime and an approved program is readily available within 50 miles of your home.

The court can ease or suspend the drug-testing condition. The Guidelines say this fits when the presentence report or other reliable information shows a low risk of future substance abuse (USSG §5D1.3(a)(4)). The Guidelines also list paying the special assessment and following any payment schedule for an unpaid fine as mandatory conditions (USSG §5D1.3(a)).

What are the standard conditions?

The standard conditions are in USSG §5D1.3(b)(2). The court "may modify, expand, or omit" them in appropriate cases, so check your own judgment. In plain words, they say:

  1. Report to the probation office in your district within 72 hours of release from prison, unless your officer tells you otherwise.
  2. Report to your probation officer as instructed.
  3. Don't knowingly leave your federal judicial district without permission from the court or your officer. See travel on supervised release.
  4. Answer your officer's questions truthfully.
  5. Live at a place your officer approves. Tell your officer at least 10 days before you move or change who you live with. If you can't give 10 days' notice, tell the officer within 72 hours of learning about the change.
  6. Let your officer visit you at home or elsewhere at any time. The officer may take items you are not allowed to have if they are in plain view.
  7. Work full time (at least 30 hours a week) at a lawful job, or look for full-time work, unless your officer excuses you. Give 10 days' notice of job changes, or 72 hours if you can't.
  8. Don't communicate or interact with someone you know is engaged in criminal activity. Don't knowingly contact a person you know has a felony conviction without your officer's permission.
  9. Tell your officer within 72 hours if you are arrested or questioned by a law enforcement officer.
  10. Don't own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon. Here, a dangerous weapon means something designed, or changed, for the specific purpose of causing bodily injury or death, such as nunchakus or a taser. It does not mean every sharp tool.
  11. Don't act as a source or informant for a law enforcement agency, and don't agree to do that, without the court's permission.
  12. If your officer decides you pose a risk to another person, notify that person when told to.
  13. Follow your officer's instructions related to your conditions.

The federal courts publish an overview of these conditions that explains how officers apply each one.

What are special conditions, and when can a judge add them?

Special conditions are extra rules aimed at your case. USSG §5D1.3(b)(3) gives a list of examples that is not complete. It includes:

  • supporting your dependents and paying court-ordered child support;
  • limits on new credit while you owe restitution or a fine, and giving your officer access to financial information;
  • a substance abuse program and no alcohol, if the court has reason to believe you abuse drugs or alcohol;
  • a mental health program;
  • education or job training;
  • no contact with victims;
  • a halfway house, a community treatment center, or a similar facility; home detention; community service; job limits; or a curfew.

A judge can't add just any condition. Under § 3583(d)(1)–(3), a special condition must:

  • be reasonably related to the nature of the offense and your history, and to the goals of deterrence, protecting the public, and giving you needed training, medical care or treatment (the factors in 18 U.S.C. § 3553(a)(1) and (a)(2)(B)–(D));
  • take away no more liberty than is reasonably necessary for those goals; and
  • fit the Sentencing Commission's policy statements.

Sex-offense cases can involve added treatment, computer and contact restrictions, and whether a particular one is lawful needs case-specific review. Detailed coverage belongs on sexoffense.com, a separate Criminal Center site; for a case where a court struck a condition that did not fit, see sentencing.net's note on special conditions.

Can a probation officer decide my conditions?

No. The judge sets the conditions. Under 18 U.S.C. § 3583(d), the court — not the probation officer — decides which conditions apply. Your probation officer supervises you and gives instructions about the conditions the judge set. An officer can handle the day-to-day details of a condition the judge already ordered. For more on when a condition improperly leaves the decision to the officer, see sentencing.net's note on probation officers and conditions.

Can I change a condition?

Yes. The court can modify, reduce or add to your conditions at any time before your term ends (18 U.S.C. § 3583(e)(2)). Until the judge changes a condition, it still applies. See how to modify supervised release conditions.

What if the written judgment differs from what the judge said?

Keep following the condition and ask a lawyer how to get a ruling. Bring the written judgment, the written statement of conditions, every later order, and the sentencing transcript if you have it.

A mismatch does not mean you can ignore the condition. Asking the court to change a condition later is a different process from an appeal of the original sentence, with different limits.

What if a condition gets in the way of work, family or treatment?

The question is not just whether the rule is inconvenient. It is whether its wording, reach and use in your case meet the limits in § 3583(d), described above.

A condition can cause a real problem even when its purpose is legitimate. A work limit may block a job, a contact limit may affect family life, and a computer condition may affect ordinary daily tasks.

Before a consultation, write down the exact condition, what it stops you from doing, how long the problem has lasted, and whether a narrower rule could still meet the court's concern. Do not send treatment records, private family information or details about alleged violations through a website form.

What if an officer's instruction seems different from the court's condition?

Ask for clarification, through a lawyer if needed, and keep following the instruction while you do. A disagreement is not permission to stop.

Probation officers run supervision day to day and can use the authority a valid condition gives them. Under 18 U.S.C. § 3583(d), the court, not the officer, sets the conditions. For when an instruction goes too far, see sentencing.net's note on probation officers and conditions.