                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                         SUBCHAPTER B--PROBATION
 
Sec. 3563. Conditions of probation

    (a) Mandatory Conditions.--The court shall provide, as an explicit 
condition of a sentence of probation--
        (1) for a felony, a misdemeanor, or an infraction, that the 
    defendant not commit another Federal, State, or local crime during 
    the term of probation;
        (2) for a felony, that the defendant also abide by at least one 
    condition set forth in subsection (b)(2), (b)(3), or (b)(13), unless 
    the court finds on the record that extraordinary circumstances exist 
    that would make such a condition plainly unreasonable, in which 
    event the court shall impose one or more of the other conditions set 
    forth under subsection (b);
        (3) for a felony, a misdemeanor, or an infraction, that the 
    defendant not unlawfully possess a controlled substance;
        (4) for a domestic violence crime as defined in section 3561(b) 
    by a defendant convicted of such an offense for the first time that 
    the defendant attend a public, private, or private nonprofit 
    offender rehabilitation program that has been approved by the court, 
    in consultation with a State Coalition Against Domestic Violence or 
    other appropriate experts, if an approved program is readily 
    available within a 50-mile radius of the legal residence of the 
    defendant;
        (5) for a felony, a misdemeanor, or an infraction, that the 
    defendant refrain from any unlawful use of a controlled substance 
    and submit to one drug test within 15 days of release on probation 
    and at least 2 periodic drug tests thereafter (as determined by the 
    court) for use of a controlled substance, but the condition stated 
    in this paragraph may be ameliorated or suspended by the court for 
    any individual defendant if the defendant's presentence report or 
    other reliable sentencing information indicates a low risk of future 
    substance abuse by the defendant;
        (6) that the defendant--
            (A) make restitution in accordance with sections 2248, 2259, 
        2264, 2327, 3663, 3663A, and 3664; and
            (B) pay the assessment imposed in accordance with section 
        3013;

        (7) that the defendant will notify the court of any material 
    change in the defendant's economic circumstances that might affect 
    the defendant's ability to pay restitution, fines, or special 
    assessments;
        (8) for a person described in section 4042(c)(4), that the 
    person report the address where the person will reside and any 
    subsequent change of residence to the probation officer responsible 
    for supervision, and that the person register in any State where the 
    person resides, is employed, carries on a vocation, or is a student 
    (as such terms are defined under section 170101(a)(3) of the Violent 
    Crime Control and Law Enforcement Act of 1994); and
        (9) that the defendant cooperate in the collection of a DNA 
    sample from the defendant if the collection of such a sample is 
    authorized pursuant to section 3 of the DNA Analysis Backlog 
    Elimination Act of 2000.

If the court has imposed and ordered execution of a fine and placed the 
defendant on probation, payment of the fine or adherence to the court-
established installment schedule shall be a condition of the probation.
    (b) Discretionary Conditions.--The court may provide, as further 
conditions of a sentence of probation, to the extent that such 
conditions are reasonably related to the factors set forth in section 
3553(a)(1) and (a)(2) and to the extent that such conditions involve 
only such deprivations of liberty or property as are reasonably 
necessary for the purposes indicated in section 3553(a)(2), that the 
defendant--
        (1) support his dependents and meet other family 
    responsibilities;
        (2) make restitution to a victim of the offense under section 
    3556 (but not subject to the limitation of section 3663(a) or 
    3663A(c)(1)(A));
        (3) give to the victims of the offense the notice ordered 
    pursuant to the provisions of section 3555;
        (4) work conscientiously at suitable employment or pursue 
    conscientiously a course of study or vocational training that will 
    equip him for suitable employment;
        (5) refrain, in the case of an individual, from engaging in a 
    specified occupation, business, or profession bearing a reasonably 
    direct relationship to the conduct constituting the offense, or 
    engage in such a specified occupation, business, or profession only 
    to a stated degree or under stated circumstances;
        (6) refrain from frequenting specified kinds of places or from 
    associating unnecessarily with specified persons;
        (7) refrain from excessive use of alcohol, or any use of a 
    narcotic drug or other controlled substance, as defined in section 
    102 of the Controlled Substances Act (21 U.S.C. 802), without a 
    prescription by a licensed medical practitioner;
        (8) refrain from possessing a firearm, destructive device, or 
    other dangerous weapon;
        (9) undergo available medical, psychiatric, or psychological 
    treatment, including treatment for drug or alcohol dependency, as 
    specified by the court, and remain in a specified institution if 
    required for that purpose;
        (10) remain in the custody of the Bureau of Prisons during 
    nights, weekends, or other intervals of time, totaling no more than 
    the lesser of one year or the term of imprisonment authorized for 
    the offense, during the first year of the term of probation;
        (11) reside at, or participate in the program of, a community 
    corrections facility (including a facility maintained or under 
    contract to the Bureau of Prisons) for all or part of the term of 
    probation;
        (12) work in community service as directed by the court;
        (13) reside in a specified place or area, or refrain from 
    residing in a specified place or area;
        (14) remain within the jurisdiction of the court, unless granted 
    permission to leave by the court or a probation officer;
        (15) report to a probation officer as directed by the court or 
    the probation officer;
        (16) permit a probation officer to visit him at his home or 
    elsewhere as specified by the court;
        (17) answer inquiries by a probation officer and notify the 
    probation officer promptly of any change in address or employment;
        (18) notify the probation officer promptly if arrested or 
    questioned by a law enforcement officer;
        (19) remain at his place of residence during nonworking hours 
    and, if the court finds it appropriate, that compliance with this 
    condition be monitored by telephonic or electronic signaling 
    devices, except that a condition under this paragraph may be imposed 
    only as an alternative to incarceration;
        (20) comply with the terms of any court order or order of an 
    administrative process pursuant to the law of a State, the District 
    of Columbia, or any other possession or territory of the United 
    States, requiring payments by the defendant for the support and 
    maintenance of a child or of a child and the parent with whom the 
    child is living;
        (21) be ordered deported by a United States district court, or 
    United States magistrate judge, pursuant to a stipulation entered 
    into by the defendant and the United States under section 238(d)(5) 
    of the Immigration and Nationality Act, except that, in the absence 
    of a stipulation, the United States district court or a United 
    States magistrate judge, may order deportation as a condition of 
    probation, if, after notice and hearing pursuant to such section, 
    the Attorney General demonstrates by clear and convincing evidence 
    that the alien is deportable; or
        (22) satisfy such other conditions as the court may impose.

    (c) Modifications of Conditions.--The court may modify, reduce, or 
enlarge the conditions of a sentence of probation at any time prior to 
the expiration or termination of the term of probation, pursuant to the 
provisions of the Federal Rules of Criminal Procedure relating to the 
modification of probation and the provisions applicable to the initial 
setting of the conditions of probation.
    (d) Written Statement of Conditions.--The court shall direct that 
the probation officer provide the defendant with a written statement 
that sets forth all the conditions to which the sentence is subject, and 
that is sufficiently clear and specific to serve as a guide for the 
defendant's conduct and for such supervision as is required.
    (e) Results of Drug Testing.--The results of a drug test 
administered in accordance with subsection (a)(5) shall be subject to 
confirmation only if the results are positive, the defendant is subject 
to possible imprisonment for such failure, and either the defendant 
denies the accuracy of such test or there is some other reason to 
question the results of the test. A defendant who tests positive may be 
detained pending verification of a positive drug test result. A drug 
test confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the Director 
of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. The court shall consider whether 
the availability of appropriate substance abuse treatment programs, or 
an individual's current or past participation in such programs, warrants 
an exception in accordance with United States Sentencing Commission 
guidelines from the rule of section 3565(b), when considering any action 
against a defendant who fails a drug test administered in accordance 
with subsection (a)(5).

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1993; amended Pub. L. 99-646, Secs. 11(a), 12(a), Nov. 10, 1986, 100 
Stat. 3594; Pub. L. 100-182, Secs. 10, 18, Dec. 7, 1987, 101 Stat. 1267, 
1270; Pub. L. 100-690, title VII, Secs. 7086, 7110, 7303(a)(1), 7305(a), 
Nov. 18, 1988, 102 Stat. 4408, 4419, 4464, 4465; Pub. L. 101-647, title 
XXXV, Sec. 3584, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 102-521, Sec. 3, 
Oct. 25, 1992, 106 Stat. 3404; Pub. L. 103-322, title II, Sec. 20414(b), 
title XXVIII, Sec. 280002, title XXXII, Sec. 320921(b), Sept. 13, 1994, 
108 Stat. 1830, 2096, 2130; Pub. L. 104-132, title II, Sec. 203, Apr. 
24, 1996, 110 Stat. 1227; Pub. L. 104-208, div. C, title III, 
Secs. 308(g)(10)(E), 374(b), Sept. 30, 1996, 110 Stat. 3009-625, 3009-
647; Pub. L. 104-294, title VI, Sec. 601(k), Oct. 11, 1996, 110 Stat. 
3501; Pub. L. 105-119, title I, Sec. 115(a)(8)(B)(i)-(iii), Nov. 26, 
1997, 111 Stat. 2465; Pub. L. 106-546, Sec. 7(a), Dec. 19, 2000, 114 
Stat. 2734.)

                       References in Text

    Section 170101(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994, referred to in subsec. (a)(8), is classified to 
section 14071(a)(3) of Title 42, The Public Health and Welfare.
    Section 3 of the DNA Analysis Backlog Elimination Act of 2000, 
referred to in subsec. (a)(9), is classified to section 14135a of Title 
42, The Public Health and Welfare.
    Section 238(d)(5) of the Immigration and Nationality Act, referred 
to in subsec. (b)(21), is classified to section 1228(d)(5) of Title 8, 
Aliens and Nationality.
    The Federal Rules of Criminal Procedure, referred to in subsec. (c), 
are set out in the Appendix to this title.


                            Prior Provisions

    For a prior section 3563, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3551 of this title.


                               Amendments

    2000--Subsec. (a)(9). Pub. L. 106-546 added par. (9).
    1997--Subsec. (a). Pub. L. 105-119, Sec. 115(a)(8)(B)(i), which 
directed the striking out of ``The results of a drug test administered 
in accordance with paragraph (4) shall be subject to confirmation only 
if the results are positive, the defendant is subject to possible 
imprisonment for such failure, and either the defendant denies the 
accuracy of such test or there is some other reason to question the 
results of the test. A defendant who tests positive may be detained 
pending verification of a positive drug test result. A drug test 
confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the Director 
of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. The court shall consider whether 
the availability of appropriate substance abuse treatment programs, or 
an individual's current or past participation in such programs, warrants 
an exception in accordance with United States Sentencing Commission 
guidelines from the rule of section 3565(b), when considering any action 
against a defendant who fails a drug test administered in accordance 
with paragraph (4).'' at the end of paragraph (7) and the insertion of 
these provisions at the end of this section, was executed by striking 
out these provisions from the provisions following par. (7) and 
inserting them at the end of this section, to reflect the probable 
intent of Congress.
    Subsec. (a)(6), (7). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(I), 
made technical amendment to place pars. (6) and (7) in numerical order 
immediately after par. (5).
    Subsec. (a)(8). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(II)- (IV), 
added par. (8).
    Subsec. (e). Pub. L. 105-119, Sec. 115(a)(8)(B)(ii), designated 
provisions which were struck out from the concluding provisions of 
subsec. (a) and inserted at the end of this section by Pub. L. 105-119, 
Sec. 115(a)(8)(B)(i), as subsec. (e), inserted subsec. heading, and 
substituted ``subsection (a)(5)'' for ``paragraph (4)'' in two places. 
Notwithstanding that the directory language referred to designation of 
``the matter inserted by subparagraph (A)'', the amendment was executed 
by designating provisions inserted by section 115(a)(8)(B)(i) of Pub. L. 
105-119 to reflect the probable intent of Congress.
    1996--Subsec. (a)(3) to (5). Pub. L. 104-294 transferred pars. (4) 
and (5) to appear in numerical order and directed amendment of subsec. 
(a) by striking ``and'' at end of par. (3), substituting ``; and'' for 
period at end of first par. (4), and redesignating second par. (4) as 
(5), which could not be executed due to prior amendment by Pub. L. 104-
132, Sec. 203(1)(A)-(D). See below.
    Pub. L. 104-132, Sec. 203(1)(A)-(D), struck out ``and'' at end of 
par. (3), redesignated second par. (4), relating to conditions of 
probation concerning drug use and testing, as (5), and substituted 
semicolon for period at end of pars. (4) and (5).
    Subsec. (a)(6), (7). Pub. L. 104-132, Sec. 203(1)(E), added pars. 
(6) and (7).
    Subsec. (b)(2). Pub. L. 104-132, Sec. 203(2)(C), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``make 
restitution to a victim of the offense under sections 3663 and 3664 (but 
not subject to the limitations of section 3663(a));''.
    Pub. L. 104-132, Sec. 203(2)(A), (B), redesignated par. (3) as (2) 
and struck out former par. (2) which read as follows: ``pay a fine 
imposed pursuant to the provisions of subchapter C;''.
    Subsec. (b)(3) to (20). Pub. L. 104-132, Sec. 203(2)(B), 
redesignated pars. (4) to (21) as (3) to (20), respectively. Former par. 
(3) redesignated (2).
    Subsec. (b)(21). Pub. L. 104-208, Sec. 374(b), added par. (21). 
Former par. (21) redesignated (22).
    Pub. L. 104-208, Sec. 308(g)(10)(E), substituted ``238(d)(5)'' for 
``242A(d)(5)''.
    Pub. L. 104-132, Sec. 203(2)(B), redesignated par. (22) as (21). 
Former par. (21) redesignated (20).
    Subsec. (b)(22). Pub. L. 104-208, Sec. 374(b), redesignated par. 
(21) as (22).
    Pub. L. 104-132, Sec. 203(b)(2), redesignated par. (22) as (21).
    1994--Subsec. (a). Pub. L. 103-322, Sec. 20414(b)(4), inserted at 
end of concluding provisions ``The results of a drug test administered 
in accordance with paragraph (4) shall be subject to confirmation only 
if the results are positive, the defendant is subject to possible 
imprisonment for such failure, and either the defendant denies the 
accuracy of such test or there is some other reason to question the 
results of the test. A defendant who tests positive may be detained 
pending verification of a positive drug test result. A drug test 
confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the Director 
of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. The court shall consider whether 
the availability of appropriate substance abuse treatment programs, or 
an individual's current or past participation in such programs, warrants 
an exception in accordance with United States Sentencing Commission 
guidelines from the rule of section 3565(b), when considering any action 
against a defendant who fails a drug test administered in accordance 
with paragraph (4).''
    Subsec. (a)(2). Pub. L. 103-322, Secs. 20414(b)(1), 320921(b)(1), 
amended par. (2) identically, striking out ``and'' at end.
    Subsec. (a)(3). Pub. L. 103-322, Sec. 280002, substituted 
``unlawfully possess a controlled substance'' for ``possess illegal 
controlled substances''.
    Pub. L. 103-322, Secs. 20414(b)(2), 320921(b)(2), amended par. (3) 
identically, substituting ``; and'' for period at end.
    Subsec. (a)(4). Pub. L. 103-322, Sec. 320921(b)(3), added par. (4) 
relating to attendance at a rehabilitation program in the case of 
conviction of a domestic violence crime.
    Pub. L. 103-322, Sec. 20414(b)(3), added at end of subsec. (a) par. 
(4) relating to conditions of probation concerning drug use and testing.
    1992--Subsec. (b)(21), (22). Pub. L. 102-521 added par. (21) and 
redesignated former par. (21) as (22).
    1990--Subsec. (a). Pub. L. 101-647, Sec. 3584(1), substituted 
``defendant'' for ``defendent'' in last sentence.
    Subsec. (b)(3). Pub. L. 101-647, Sec. 3584(2), substituted ``under 
sections 3663 and 3664'' for ``pursuant to the provisions of section 
3663 and 3664'' and ``section 3663(a)'' for ``3663(a)''.
    1988--Subsec. (a)(2). Pub. L. 100-690, Sec. 7086, inserted ``, 
unless the court finds on the record that extraordinary circumstances 
exist that would make such a condition plainly unreasonable, in which 
event the court shall impose one or more of the other conditions set 
forth under subsection (b)''.
    Subsec. (a)(3). Pub. L. 100-690, Sec. 7303(a)(1), added par. (3).
    Subsec. (b)(3). Pub. L. 100-690, Sec. 7110, substituted ``3663 and 
3664 (but not subject to the limitations of 3663(a))'' for ``3556''.
    Subsec. (b)(20), (21). Pub. L. 100-690, Sec. 7305(a), added par. 
(20) and redesignated former par. (20) as (21).
    1987--Subsec. (b)(12). Pub. L. 100-182, Sec. 18, inserted 
``(including a facility maintained or under contract to the Bureau of 
Prisons)'' after ``facility''.
    Subsec. (c). Pub. L. 100-182, Sec. 10, struck out comma after ``The 
court may'' and substituted ``the modification of probation and'' for 
``revocation or modification of probation''.
    1986--Subsec. (b)(11). Pub. L. 99-646, Sec. 11(a), struck out ``in 
section 3581(b)'' after ``the offense''.
    Subsec. (c). Pub. L. 99-646, Sec. 12(a), struck out ``, after a 
hearing'' after ``court may'' and inserted ``the provisions of the 
Federal Rules of Criminal Procedure relating to revocation or 
modification of probation'' after ``pursuant to''.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-119 effective 1 year after Nov. 26, 1997, 
see section 115(c)(1) of Pub. L. 105-119, set out as a note under 
section 14071 of Title 42, The Public Health and Welfare.


                    Effective Date of 1996 Amendments

    Amendment by section 308(g)(10)(E) of Pub. L. 104-208 effective, 
with certain transitional provisions, on the first day of the first 
month beginning more than 180 days after Sept. 30, 1996, see section 309 
of Pub. L. 104-208, set out as a note under section 1101 of Title 8, 
Aliens and Nationality.
    Amendment by Pub. L. 104-132 to be effective, to extent 
constitutionally permissible, for sentencing proceedings in cases in 
which defendant is convicted on or after Apr. 24, 1996, see section 211 
of Pub. L. 104-132, set out as a note under section 2248 of this title.


                    Effective Date of 1988 Amendment

    Section 7303(d) of Pub. L. 100-690 provided that: ``The amendments 
made by this section [amending this section and sections 3565, 3583, 
4209, and 4214 of this title] shall apply with respect to persons whose 
probation, supervised release, or parole begins after December 31, 
1988.''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-182 applicable with respect to offenses 
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set out 
as a note under section 3006A of this title.


                    Effective Date of 1986 Amendment

    Section 11(b) of Pub. L. 99-646 provided that: ``The amendment made 
by this section [amending this section] shall take effect on the date of 
the taking effect of such section 3563(b)(11) [Nov. 1, 1987].''
    Section 12(c)(1) of Pub. L. 99-646 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on the 
date of the taking effect of such section 3563(c) [Nov. 1, 1987].''


                             Effective Date

    Section effective Nov. 1, 1987, and applicable only to offenses 
committed after the taking effect of this section, see section 235(a)(1) 
of Pub. L. 98-473, set out as a note under section 3551 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3565, 3583, 3608, 3742, 5037 
of this title; title 28 section 994.
