You have been sentenced to a federal term of supervision (probation or supervised release) by the U.S. District Court. You will be supervised by a United States Probation Officer who has specific statutory responsibilities to ensure that your behavior complies with the restrictions imposed by the conditions of your release.
The purpose of this manual is to provide you with a convenient resource and reminder as to your conditions of supervision and the expectations that the U.S. Probation Office for the District of Rhode Island has for you during your term of supervision.
In this manual you will find detailed explanations of each of the standard conditions of supervision that are imposed by this Court for both probation and supervised release. Familiarize yourself with the definitions, procedures and requirements contained within. Your success on supervision will directly relate to the effort you put into your supervision and how well you understand and comply with your conditions of release.
If you have any problem understanding what is being explained to you by your supervising probation officer or what is contained in this manual, it is your responsibility to bring this to your supervising probation officer’s attention. Several of the documents contained in this manual are also available in Spanish for your convenience. If you need the Spanish version of this manual, please bring this to your supervising probation officer’s attention.
During your term of supervision you may expect that the United States Probation Officer assigned to you to use all suitable methods consistent with the conditions of release to bring about improvements in your conduct or situation. This may include the modification of the conditions of your supervision if so warranted and approved by the Court. Such modification could include, although not limited to, electronic monitoring, halfway house placement, and added conditions for participation in treatment among others.
You may also expect that the U.S. Probation Officer will use all suitable methods to remain informed as to your behavior and activities in the community and to bring this information to the attention of the Court.
While the U.S. Probation Officer will assist you with proper referrals and guidance as required, the ultimate responsibility for successful completion of your supervision term will be determined by the efforts you make during this period.
1. YOU SHALL NOT COMMIT ANOTHER FEDERAL, STATE, OR LOCAL CRIME DURING THE PERIOD OF SUPERVISION.
Any violation of the law is immediately reported to the Court.
2. YOU SHALL NOT ILLEGALLY POSSESS A CONTROLLED SUBSTANCE.
If the Court finds that you were in illegal possession of a controlled substance (You were actually caught with drugs in your possession.), the court shall revoke your supervision. Knowing and willful use of a controlled substance constitutes possession. A positive urinalysis test will be reported immediately to the Court, and a revocation hearing may be set.
3. YOU SHALL NOT POSSESS A FIREARM, DESTRUCTIVE DEVICE, OR ANY OTHER DANGEROUS WEAPON.
Possession of a firearm is defined as your ability to have access to a firearm. If you live with someone who has a firearm and you have access to it, you are considered to be in possession and in violation of this condition.
If the Court finds that you were in possession of a firearm, the Court must revoke your supervision and impose any other sentence that was available at the time of your original sentencing.
4. YOU SHALL REFRAIN FROM ANY UNLAWFUL USE OF CONTROLLED SUBSTANCES. YOU SHALL SUBMIT TO ONE DRUG TEST WITHIN 15 DAYS OF RELEASE ON PROBATION OR SUPERVISED RELEASE, AND AT LEAST TWO PERIODIC DRUG TESTS THEREAFTER, AS DIRECTED BY THE PROBATION OFFICER.
This condition must be enforced unless waived by the Court at sentencing.
1. YOU SHALL NOT LEAVE THE DISTRICT OF RHODE ISLAND WITHOUT THE PERMISSION OF THE COURT OR THE PROBATION OFFICER.
No out-of-state, overnight travel permission is granted during the first 60 days of supervision. (Emergency or extenuating circumstances can be reviewed with your probation officer.)
While you are on probation, parole, or supervised release in this District, you shall not travel outside of the state of Rhode Island without the permission of your probation officer. If circumstances require you to be away from your residence for a period over 48 hours, you must notify your probation officer of your whereabouts in advance.
Permission for day trips up to 10 miles into a bordering state from the Rhode Island borders is not necessary. However, any overnight travel in another state must be approved in advance by your supervising probation officer.
For any travel outside of the jurisdiction and within the United States, you shall request permission in writing (on specific forms provided by this office), a minimum of 14 days prior to the requested time frame for travel.
Any international travel must be approved by the Court or by the U.S. Parole Commission. Should you wish to travel outside of the United States, you shall request permission in writing at least 60 days prior to the requested time frame. (NOTE: These are MINIMUM requirements. More time may be needed to process your travel requests.) You must obtain a letter from the consulate for the country you wish to travel to advising that they are aware of your crime of conviction and the fact that you are under supervision, and they have no objection to you traveling to their country or territory.
Travel will be denied if you are not compliant with any of the conditions of supervision. It will also be denied if your court-ordered financial obligations (fines, restitution, or special assessments) are not completely satisfied, or you are not current with your scheduled payment plan. Pleasure travel of a significant cost will not be allowed if the payment schedule does not meet the total financial obligations that will be required during supervision.
Travel may also be denied for the following reasons:
a. Your conviction or past criminal behavior involved extensive travel. b. You are not current on your community service work hours, if applicable. c. The Probation Officer is unable to verify your travel. d. Your travel would interfere with Court-ordered treatment. e. The district you plan to travel to has certain restrictions which prohibit you from traveling. f. Your travel presents a risk to a third party.
2. YOU SHALL REPORT TO THE PROBATION OFFICER AND SHALL SUBMIT A TRUTHFUL AND COMPLETE REPORT WITHIN THE FIRST FIVE DAYS OF EACH MONTH.
Report as directed means that you must keep appointments with your Probation Officer, you must make yourself available for meetings with your Probation Officer, and you must be able to give an account of yourself.
You must also provide written monthly documentation of your status in the form of a written Monthly Supervision Report. It is imperative that you are detailed and concise in this report. Do not hesitate to include other correspondence or written communication to your Probation Officer with this report if you are unable to convey the information using the document provided.
This report must be submitted on or between the first and the fifth day of each month. Failure to do so is a violation of your Supervision. It may result in revocation of your mailing privileges and require that you hand-deliver the report to the office each month. Multiple instances of noncompliance may result in Court action.
All spaces must be completed even if the information does not apply to you. All information must be accurate and truthful. Your Probation Officer will closely review these reports.
A Sample Report is included in Appendix B for your reference.
You must sign the report acknowledging that the information is complete, correct and truthful.
Place your Probation Officer’s name at the top right hand corner of the report.
You must attach your statement of earnings to verify your source of income and its legitimacy to the report each month along with any additional requested documentation, such as copies of tickets, summons, or other Court documents.
WARNING: Providing false information on the Monthly Supervision Report could result in revocation of your Supervision and the possibility of an Indictment for False Statements, which could lead to a new conviction.
On a yearly basis, you may be required to submit copies of State and Federal Income Tax Returns, both personal and corporate, if applicable, to your Probation Officer.
You may also be required to provide other documentation during meetings with your Probation Officer. These include but are not limited to bank statements, copies of bills, copies of legal documents (i.e., bankruptcy, discharge, law suit, etc.), copies of checks, Court registries, and statements of earnings.
3. YOU SHALL ANSWER TRUTHFULLY ALL INQUIRIES BY THE PROBATION OFFICER AND FOLLOW THE INSTRUCTION OF THE PROBATION OFFICER.
Information you provide will be verified.
4. YOU SHALL SUPPORT YOUR DEPENDANTS AND MEET OTHER FAMILY RESPONSIBILITIES.
The Probation Officer will periodically meet with family members or significant others to verify that you are meeting your family responsibilities.
If you have been ordered to pay child support, your Probation Officer will require that you provide verification each month that you made the payment. Attach a copy of your payment to your Monthly Supervision Report.
The Probation Officer will periodically inquire about your finances in order to verify that you are meeting your family responsibilities and to verify that you are living within your means.
5. YOU SHALL WORK REGULARLY AT A LAWFUL OCCUPATION, UNLESS EXCUSED BY YOUR PROBATION OFFICER FOR SCHOOLING, TRAINING OR OTHER ACCEPTABLE REASONS.
A lawful occupation should include payment by check, deductions for Federal and State taxes, and deductions for Social Security taxes, if appropriate. In many cases, it will not be acceptable to receive cash payments for employment. Be advised that, if you are self-employed, you are required to file a quarterly Statement of Earnings and submit payment to the Internal Revenue Services.
The Probation Officer may periodically contact you at your place of employment in order to verify employment or facilitate your schedule for contacts.
Self employed individuals may be subject to the following criteria:
a. Verification that the business is legitimate.
b. Verification that the business has been properly licensed, registered, incorporated, etc., if applicable.
c. Verification that the business has required insurance, i.e., Workman’s Compensation.
d. The Probation Officer is allowed to periodically review the business records, including
all financial records.
e. Verification that all taxes are being paid.
f. The Probation Officer shall be given the following information:
1. Name, address, and telephone numbers of all corporate officers.
2. Federal Employer Identification Number.
3. Name and address of all business bank accounts and account numbers.
4. Additional material as requested.
6. YOU SHALL NOTIFY YOUR PROBATION OFFICER AT LEAST TEN DAYS PRIOR TO ANY CHANGE IN RESIDENCE OR EMPLOYMENT.
The Probation Officer may verify the reason for termination of employment.
Any job changes should be discussed with your Probation Officer prior to making the change. You should not quit your job unless you have been offered another job.
If you become unemployed, you will be required to seek employment immediately and keep track of your progress. (Your Probation Officer may provide you with a form to track your work search efforts to include the name, address and phone number of persons contacted regarding potential employment. Your Probation Officer will provide specific instructions regarding your work search and the submission of the work search form.)
7. YOU SHALL REFRAIN FROM EXCESSIVE USE OF ALCOHOL AND SHALL NOT PURCHASE, POSSESS, USE, DISTRIBUTE, OR ADMINISTER ANY CONTROLLED SUBSTANCE OR ANY PARAPHERNALIA RELATED TO ANY CONTROLLED SUBSTANCES, EXCEPT AS PRESCRIBED BY A PHYSICIAN.
If the Court imposes a special condition prohibiting the use of alcohol or you are in substance abuse treatment, you will be required to abstain from alcohol completely.
Excessive use of alcohol refers to any use of alcohol that adversely affects your employment, your relationships, or your ability to comply with the conditions of Supervision. This includes the use of alcohol which results in the violation of any Local, State, or Federal laws including disorderly intoxication and/or driving under the influence.
The Probation Officer may instruct you to submit to urinalysis testing and/or breathalyzer testing at anytime. If you are on Supervision and do not have a condition to be drug and/or alcohol tested, your Probation Officer may also instruct you to participate in testing. Refusal to participate will dictate a modification of your Supervision. This can be accomplished either by voluntary or Court-ordered action. Excessive use of alcohol may lead to the Probation Officer petitioning the Court for a modification of your conditions to include abstinence from alcohol and/or alcohol treatment.
8. YOU SHALL NOT FREQUENT PLACES WHERE CONTROLLED SUBSTANCES ARE ILLEGALLY SOLD, DISTRIBUTED, OR ADMINISTERED, OR OTHER PLACES SPECIFIED BY THE COURT OR PAROLE COMMISSION.
In order to maintain a law-abiding lifestyle, you will have to stay away from places and situations where illegal activity is going on.
9. YOU SHALL NOT ASSOCIATE WITH ANY PERSONS ENGAGED IN CRIMINAL ACTIVITY AND SHALL NOT ASSOCIATE WITH ANY PERSON CONVICTED OF A FELONY UNLESS GRANTED PERMISSION TO DO SO BY THE PROBATION OFFICER.
Association is defined as any planned, prolonged, or repeated, personal, telephonic, or written contact with a person having a felony record, or engaging in criminal activity, and/or if you had knowledge of, or should have had knowledge of his or her felony conviction or the criminal activity in which they were engaged during the times of your association. Incidental contact is not considered association. In the event you have casual contact with a person having a felony record, you will have to report this on your Monthly Supervision Report. If you are sought out or specifically approached by a known felon, immediately contact your Probation Officer.
Incidental contact on a job site is not considered criminal association.
Association with any convicted family member, other than immediate family, must be approved by the Probation Officer. It is your responsibility to notify the Probation Officer of any immediate family member who has a criminal record.
Permission for criminal association cannot be after the fact. You must have permission prior to the association. This permission will only be granted in exceptional situations.
10. YOU SHALL PERMIT THE PROBATION OFFICER TO CONTACT YOU AT ANY TIME AT HOME OR ELSEWHERE AND SHALL PERMIT CONFISCATION OF ANY CONTRABAND OBSERVED IN PLAIN VIEW BY THE PROBATION OFFICER.
The Probation Officer will make unannounced contacts at your home, place of employment, or elsewhere on a periodic basis. These contacts can take place at any time and may occur on weekends, evenings, or holidays. Failure to cooperate is a violation of your Supervision. Contraband includes controlled substances, weapons, stolen items, or other illegal material.
11. YOU SHALL NOTIFY THE PROBATION OFFICER WITHIN 72 HOURS OF BEING ARRESTED OR QUESTIONED BY A LAW ENFORCEMENT OFFICER.
All contacts with law enforcement must be reported. This includes traffic citations, criminal or civil arrests, and questioning by any law enforcement officials.
You will be required to submit documentation such as copies of summons, bond papers, copies of complaints, information, or indictments.
12. YOU SHALL NOT ENTER INTO ANY AGREEMENT TO ACT AS AN INFORMER OR A SPECIAL AGENT OF A LAW ENFORCEMENT AGENCY WITHOUT PERMISSION OF THE COURT OR PAROLE COMMISSION.
In the event that you are approached by law enforcement, immediately notify your Probation Officer. Permission to act as an informant must be approved by the Court.
13. AS DIRECTED BY THE PROBATION OFFICER, YOU SHALL NOTIFY THIRD PARTIES OF RISKS THAT MAY BE OCCASIONED BY YOUR CRIMINAL RECORD, PERSONAL HISTORY, OR CHARACTERISTICS AND SHALL PERMIT THE PROBATION OFFICER TO MAKE SUCH NOTIFICATION AND TO CONFIRM YOUR COMPLIANCE WITH SUCH NOTIFICATION REQUIREMENT.
Third-party risk refers to any connection that may exist between the nature of the offense or any previous criminal conduct and any employment or other activity where there would be a foreseeable risk of personal or financial harm to an identifiable third party or particular group of people.
The Probation Officer will notify you of any third party risk situations and may instruct you to notify specified third parties of your conviction and/or your criminal history.
Upon notification of your requirement to notify a third party of your criminal history, you may seek a waiver of this condition from the Court in instances where notification may have a negative impact upon your employment. Waiver of third party risk disclosure must be submitted by you to the Court within two weeks of notification of such requirement by your Probation Officer.
The Probation Officer will verify that third party disclosure has been made by you and, in some instances, the Probation Officer may notify third parties directly.