More Info http://www.uscourts.gov/services-forms/probation-and-pretrial-services
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, an officer will gather information about the defendant through interviews and record checks. The officer reports the information to the Magistrate Judge and makes recommendations regarding detention and/or conditions of release.
At a detention hearing, the Magistrate Judge will decide whether the defendant will be released on pretrial supervision or detained. If the defendant is granted pretrial release, the officer will supervise the defendant to ensure the defendant is not a danger to another person or the community, the conditions of release are met, and the defendant attends all required Court hearings.
Pretrial supervision ends if the defendant is found not guilty at trial or the charges are dropped. If the defendant is found guilty or pleads guilty, the officer will typically continue supervising the defendant until his/her sentence begins.
After a defendant enters a guilty plea or is convicted by trial, he or she will be interviewed by an officer to gather the following information:
During the presentence investigation, the officer will interview other people who can provide pertinent information and review numerous documents and records.
When possible, the officer will conduct a home visit to meet the defendant and the defendant’s family. During the visit, the officer will interview the family and/or assesses the defendant’s living conditions and suitability for potential supervision conditions, such as location monitoring.
The officer will verify, evaluate, and interpret the information gathered and present it to the Court in an organized, objective presentence report. This report will also include the officer’s investigation into the offense of conviction and the sentencing options under the applicable federal statutes and United States Sentencing Guidelines.
The presentence report helps the Court fashion appropriate and fair sentences and is used by officers later assigned to supervise the offender. The supervising officer uses the information contained in the presentence report as part of a comprehensive approach to assess risks posed by, and the needs of, offenders under supervision.
The report is disclosed to the defendant, defense attorney, and prosecutor, each of whom have the opportunity to make objections or seek changes.
At the conclusion of a presentence investigation, the officer will formulate an appropriate sentencing recommendation that will be provided to the Court.
After sentencing, presentence reports are used by the Bureau of Prisons to designate the institutions appropriate for an offender to serve their sentences, to select prison programs to help the offenders, and to develop case plans for their custody and eventual release. The report is also forwarded to the U.S. Sentencing Commission, which uses the report to monitor the application of the U.S. Sentencing Guidelines and to gather statistics about sentencing trends.
Supervision occurs after offenders have pled guilty or been tried and found guilty and after they've been released from incarceration.
The Court will sentence a defendant to probation or to a term of incarceration followed by a term of supervised release. Probation is a Court ordered sentence issued as an alternative to jail or prison. Individuals under supervision (probation or supervised release) are assigned to a probation officer who is responsible for monitoring offenders and ensuring they comply with the conditions ordered by the Court and obey laws.
Supervision in the federal system is:
At the start of an offender’s supervision, a probation officer will fully explain to an offender the conditions of his or her release. These conditions include the mandatory conditions of release which the Court imposes on all offenders, and may include discretionary conditions which the Court imposes to provide probation officers with the authority to address risk related issues specific to a particular offender. Discretionary conditions may include, among other things, home detention, substance abuse testing or treatment, mental health treatment, and the disclosure of financial information.
The process of supervising an offender begins with a probation officer evaluating the offender through an interview and risk assessment tool, which allows the officer to identify factors that must be taken into account in developing the offender’s individualized supervision plan. From the start and throughout supervision, the officer will assess and reassess the potential risk that an offender poses to another person or the community, and address the offender's other needs. Continued assessments allow the probation officer to adjust his or her personal contact and interventions with the offender accordingly. The supervision plan developed by the officer will address any obstacles that may impede an offender’s ability or desire to complete supervision successfully and will provide for services, such as substance abuse or mental health treatment that the offender may require.
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance, including marijuana, which remains illegal under federal law.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the Court.
The above drug testing condition is suspended, based on the Court's determination that you
pose a low risk of future substance abuse. (check if applicable)
4. You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. You must participate in an approved program for domestic violence. (check if applicable)
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the Court about, and bring about improvements in your conduct and condition.
1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame.
2. After initially reporting to the probation office, you will receive instructions from the Court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the Court or the probation officer.
4. You must be truthful when responding to the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the Court.
12. If this judgment imposes restitution, a fine, or special assessment, it is a condition of supervised release that you pay in accordance with the Schedule of Payments sheet of this judgment. You shall notify the probation officer of any material change in your economic circumstances that might affect your ability to pay any unpaid amount of restitution, fine, or special assessments.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
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