SUPERVISION

As a component of the federal judiciary's responsibility for community corrections, the federal probation and pretrial services system is fundamentally committed to protecting the public and assisting in the fair administration of justice. United States Probation Officers are community corrections professionals who serve as officers of the Court and as agents of the United States Parole Commission. They are responsible for the supervision of persons conditionally released to the community by the Court, the United States Parole Commission, the Federal Bureau of Prisons (BOP), and military authorities. Officers carry out these responsibilities by assessing the risks, needs, and strengths of each defendant/offender to determine the appropriate level of supervision. The desired outcomes of supervision are to ensure compliance with all court-imposed conditions of release, appearance in court as required, the execution of the sentence and the protection of the community by reducing the risk and recurrence of crime and maximizing defendant/offender success during the period of supervision and beyond.

For an overview of the various components of supervision, please refer to the following site: Supervision in the Federal Court

Pretrial Services

The function of the United States Probation Office is to collect, verify, and report to the judicial officer, prior to the Federal pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such person may pose to any other person or the community and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release.

The officer prepares a report that assists the Court make an informed release or detention decision. If the defendant is released, probation officers are responsible for assisting persons under supervision in complying with conditions of release, monitoring compliance, providing necessary support services, and informing the Court and the United States Attorney's Office of all apparent violations of the conditions of release. The objectives of supervision are to reduce the likelihood that persons on pretrial release will fail to appear on scheduled court dates, or commit crime, or otherwise pose a danger to any other person or the community.

It is the duty of the probation officer to inform the Court of any violations the defendant incurs while on bond. Should the defendant fail to report as instructed or not comply with any of the court-ordered conditions, he/she may be brought before the judge for stricter conditions or remanded back into custody.

In supervising defendants, officers serve as agents of the court ensuring that released defendants comply with the court-ordered release conditions, thereby assisting with their needs pending trial while promoting law-abiding behavior. Specifically, the Probation Officer's supervision duties include: conducting regular interviews with defendants in the Probation Office and at their place of residence; verifying they are employed or seeking employment; monitoring their compliance with drug and alcohol treatment or mental health counseling; arranging for educational or vocational training for them; assisting them in finding employment, and referring them to appropriate community resources.

In instances where a defendant needs 24-hour monitoring in the home or elsewhere in the community, pretrial supervision may also include home confinement with or without location monitoring.

It is the duty of Probation Officer to inform the court of any violations the defendant incurs while on bond. Should the defendant fail to report to Supervision as instructed or not comply with any of the court-ordered conditions, he/she may be brought before the judge for stricter conditions or remanded back into custody.

Community-based supervision of defendants provides an important and significant benefit as a major cost-saving alternative to jail or prison. It costs significantly more to house a defendant in the federal prison system than to supervise a defendant in the community. An effective program of supervision helps protect the public by reducing the risks that persons under supervision will commit future crimes, while providing necessary services to assist the defendant in coping with daily issues and problems pending completion of the federal criminal case. As an alternative to incarceration, pretrial supervision allows federal defendants to remain with their families, maintain employment, receive needed services, and provide support for them to be productive members of society.

The following are the standard conditions of bond imposed in the Southern District of Florida for all pretrial defendants. Additional special conditions of bond can also be imposed by the Court.

  1. Shall appear before this Court and at such other places as the defendant may be required to appear, in accordance with any and all orders and directions relating to the defendant's appearance in this case, including appearance for violation of a condition of the defendant's release as may be ordered or notified by this Court or any other United States District Court to which the defendant may be held to answer or the cause transferred. The defendant is to abide by any judgment entered in such matter by surrendering to serve any sentence imposed and obeying any order or direction in connection with such judgment. This is a continuing bond, including any proceeding on appeal or review, which shall remain in full force and effect until such time as the Court shall order otherwise.
  2. May not at any time, for any reason whatever, leave the Southern District of Florida or other district to which the case may be removed or transferred after he or she has appeared in such district pursuant to the conditions of this bond, without first obtaining written permission from the Court, except that a defendant ordered removed or transferred to another district may travel to that district as required for court appearances and trial preparation upon written notice to the Clerk of this Court or the court to which the case has been removed or transferred. The Southern District of Florida consists of the following counties: Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, Okeechobee, and Highlands.
  3. May not change his or her present address as recorded on this bond without prior permission in writing from the Court.
  4. Is required to appear in court at all times as required by notice given by the Court or its clerk to the address on this bond or in open court or to the address as changed by permission from the Court. The defendant is required to ascertain from the Clerk of Court or defense counsel the time and place of all scheduled proceedings on the case. In no event may a defendant assume that his or her case has been dismissed unless the Court has entered an order of dismissal.
  5. The defendant must cooperate with law enforcement officers in the collection of a DNA sample if the collection is required by 42 U.S.C. Section 14135a.
  6. Shall not commit any act in violation of state or federal laws.

Post-conviction Supervision

United States Probation Officers work with offenders to facilitate their reintegration into the community as law-abiding and productive members of society. Federal supervision is a dynamic process throughout which officers keep informed and, consistent with the conditions of release and individual circumstances, intervene with strategies designed to manage risk and provide offenders with the tools and services they may require to improve their conduct and condition. It is through such intervention that officers further the goal of public safety during the period of supervision.

Officers carry out these responsibilities by assessing the risks, needs, and strengths of each offender to determine the appropriate level of supervision. The goal in all cases is the successful completion of the term of supervision, during which the offender commits no new crimes; is held accountable for victim, family, community, and other court-imposed responsibilities; and prepares for continued success through improvements in his or her conduct and condition.

Parole and mandatory release are forms of early release from prison at the discretion of the United States Parole Commission, which sets the conditions of release and maintains jurisdiction of offenders who were sentenced prior to November 1, 1987. Unlike individuals on probation or supervised release, parolees and mandatory releasees serve a portion of their sentence of imprisonment in the community.

For more information, visit: United States Parole Commision

A person sentenced to supervised release serves a term of community supervision following a period of imprisonment. It is a sentencing option available to the Court for all offenders who committed their crimes on or after November 1, 1987. Unlike parole, supervised release is not a form of early release from prison, but rather a separate component of the original sentence imposed. These offenders are under the jurisdiction of the sentencing court, which determines the conditions of supervised release.

In the federal system, probation is a form of community supervision that is imposed as a sentence following a criminal conviction. Offenders sentenced to probation serve their sentence in the community, as opposed to jail or prison, provided they abide by the conditions of probation as ordered by the Court. Eligibility for probation depends on a number of factors, including the seriousness of the offense and the extent of a defendant's criminal history. Following an adjudication of delinquency, the Court may place a juvenile on probation or impose a term of juvenile supervision to follow official detention.

United States Probation Officers are authorized to supervise persons conditionally released into the community under the provisions of 18 U.S.C. § 4243 (Hospitalization of a Person Not Found Guilty By Reason of Insanity) and 18 U.S.C. § 4246 (Hospitalization of a Person Found Guilty and Due for Release but Suffering from a Mental Disease or Defect). Unlike probation, supervised release, or parole, conditional release is a civil rather than criminal form of supervision.

United States Probation Officers supervise military prisoners released on parole and supervised release. Parolees released from military prisons or disciplinary barracks are under the general jurisdiction of the Department of Defense and the specific jurisdiction of each Clemency and Parole Board of the Departments of the Army, Air Force, and Navy. Military prisoners released from Federal Bureau of Prisons facilities are under the jurisdiction of the United States Parole Commission.

Conditions of Release

The following are the standard conditions of supervision that apply to all persons under active supervision and provide authority for monitoring and controlling the offender.

I. You shall not commit another federal, state, or local crime during the term of supervision.
"No person under supervision shall violate any local, state, or federal law, including Driving Under the Influence. All violations are reported to either the United States District Court or the United States Parole Commission for appropriate action."
II. You shall not leave the judicial district or other specified geographic area without the permission of the Court or the probation officer.
The judicial district consists of Miami-Dade, Broward, Monroe, Palm Beach, Martin, St. Lucie, Highlands, Okeechobee, and Indian River Counties. Travel during the first 60 days of supervision will not be authorized except in cases of documented emergencies. All travel outside the judicial district requires a written travel permit obtained from the probation officer at least two weeks in advance.

Travel within the United States or its territories is included in a normal travel request. Additionally, requests for travel outside the United States require at least six weeks advance notice and a travel permit from the probation officer. Travel outside of the United States can only be granted by the United States District Court or the United States Parole Commission. Travel is a privilege and not a right during the period of supervision. Travel may be granted after a 60 day assessment period for legitimate employment or social service needs. A request must be made in writing in advance of your proposed trip and approved by your probation officer.
III. You shall report to the probation officer as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month.
To report means that all persons under supervision shall report at such times and places as instructed and shall answer all questions asked of them by the United States Probation Officer. Additionally, between the first five days of each month, the person under supervision is required to submit a written monthly report, answering all questions and to submit this report to the United States Probation Officer.
IV. You shall answer truthfully, all inquiries by the probation officer and shall follow the instructions of the probation officer.
All persons under supervision are required to truthfully answer all questions put to them by the United States Probation Officer. Failure to do so could result in the violation of your supervision status.
V. You shall support your legal dependents and meet other family responsibilities.
All persons under supervision are required to pay any court-ordered support obligations, including alimony and child care. Additionally, all persons under supervision are expected to conduct themselves in a reasonable manner in meeting other family responsibilities. Difficulties in meeting these areas of responsibilities shall immediately be brought to the attention of the United States Probation Officer.
VI. You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.
All persons under supervision are required to work at a lawful occupation. A lawful occupation should include payment by payroll check, deduction of federal income taxes, and Social Security taxes. Ordinarily, cash payments are not acceptable forms of payment for persons under supervision. Those persons who are self-employed are required to meet the self-employment requirements of the United States Probation Office. Other than full-time employment, specific situations regarding schooling, training, or medical disabilities should be fully discussed with the United States Probation Officer for evaluation and final approval or disapproval.
VII. You shall notify the probation officer at least ten (10) days prior to any change in residence or employment.
All persons under supervision are required to notify the United States Probation Officer at least ten (10) days prior to any change in their residence or employment. This includes any temporary change in residence or a change of employment location different from the employment location on record with the United States Probation Officer. Failure to notify the United States Probation Officer within this time frame could result in a sanction against the person under supervision.
VIII. You shall refrain from excessive use of alcohol, and shall not purchase, possess, use, distribute, or administer any narcotic or controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician.
All persons under supervision are advised that they are not to use alcohol to excess, especially if excessive use results in the violation of any local, state, or federal law, including disorderly intoxication, and/or driving under the influence. Additionally, no narcotic substance or paraphernalia, unless prescribed by a physician, should be taken by any person under supervision, including the medication of friends or family members. The use of non-prescribed medication which results in a positive urinalysis will result in notification to the United States District Court or the United States Parole Commission for further action.
IX. You shall not frequent places where controlled substances are illegally sold, used, distributed or administered or other places specified by the Court.
All persons under supervision are instructed that they are not to be present in places where narcotic drugs or illegal substances are sold, used, or distributed. Additionally, if the United States District Court or the United States Parole Commission has prohibited any person under supervision from being in a certain area and/or location, they are to refrain from being in the prohibited area. Consequently, the United States District Court or the United States Parole Commission will be notified of any violation.
X. You shall not associate with any person 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.
All persons under supervision are prohibited from associating with any person convicted of a felony or engaged in criminal activity. Specifically, it is the obligation of the person under supervision to know the background of his or her associates and as such, to avoid felony association. If a family member, co-worker, or other person with whom you associate with on a regular basis is a convicted felon, you must advise the United States Probation Officer immediately. The circumstances regarding this relationship will be discussed and specific instructions given by the United States Probation Officer.
XI. You shall permit a 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 United States Probation Officer has a responsibility of monitoring all persons undersupervision, at such time and place, as the United States Probation Officer deems necessary. If a person under supervision fails to allow the United States Probation Officer access to them, at home, work, or elsewhere, it may be necessary for the person under supervision to change their residence and/or employment.

Additionally, in the event that the United States Probation Officer observes contraband in plain view during any type of contact, whether in the home, employment, or in the vehicle driven by a person under supervision, the United States Probation Officer will be permitted to confiscate the contraband. Resistance or failure to permit the confiscation of the contraband will result in further action by the United States District Court and/or the United States Parole Commission.
XII. You shall notify the probation officer within 72 hours of an arrest or questioning by a law enforcement officer.
All persons under supervision are required to notify the United States Probation Officer within 72 hours of being arrested or questioned by any law enforcement officer, including traffic citations, criminal arrest, civil arrest, or any other law enforcement contact. Failure to notify the United States Probation Officer of such information within 72 hours will result in a sanction against the person under supervision.
XIII. You shall not enter into any agreement to act as an informer or special agent of a law enforcement agency without the permission of the United States District Court.
No person under supervision shall act as an informant, special agent, or law enforcement liaison without the expressed written permission of the United States District Court. This permission can be secured through the United States Probation Officer in conjunction with the appropriate law enforcement agency. Failure to follow the necessary regulations regarding informant status will result in the United States District Court or United States Parole Commission being notified.
XIV. As directed by the probation officer, you shall notify third parties of risk that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notification and to confirm your compliance with such notification requirement.
Any person considered to be a third party risk because of their criminal record, personal history, or characteristics shall be so notified by the United States Probation Officer and accordingly, that person will be instructed to notify any affected third parties within a prescribed time frame. Under certain circumstances, your employer must know of your supervision status. Where this is not required, the probation officer will use discretion when contacting you at your place of employment.

Mental Health Treatment, which includes such services as psychological/psychiatric evaluations; individual, or family counseling; and medication, is provided to persons who suffer from mental health problems. These persons either are under pretrial supervision while awaiting a court appearance; on probation; or on parole or supervised release after serving time in prison. Treatment is ordered either by the U.S. District Court or the U.S. Parole Commission as a condition of releasing them to the community.

Mental health treatment helps defendants and offenders in many ways. It helps them address issues that may have led to their problems with the law. More importantly, it puts in motion strategies aimed at stabilizing them so that they do not present a danger to themselves or others. Thus, treatment serves to maximize public safety and the individual's potential for living and functioning effectively in the community.

What is Mental Illness: Mental Illness Facts

According to the National Alliance on Mental Illness, mental illnesses are medical conditions that disrupt a person's thinking, feeling, mood, ability to relate to others and daily functioning. Just as diabetes is a disorder of the pancreas, mental illnesses are medical conditions that often result in a diminished capacity for coping with the ordinary demands of life. Serious mental illnesses include major depression, schizophrenia, bipolar disorder, obsessive compulsive disorder (OCD), panic disorder, post traumatic stress disorder (PTSD) and borderline personality disorder. The good news about mental illness is that recovery is possible.

Mental illnesses can affect persons of any age, race, religion, or income. Mental illnesses are not the result of personal weakness, lack of character or poor upbringing. Mental illnesses are treatable. Most people diagnosed with a serious mental illness can experience relief from their symptoms by actively participating in an individual treatment plan.

In addition to medication treatment, psychosocial treatment such as cognitive behavioral therapy, interpersonal therapy, peer support groups and other community services can also be components of a treatment plan and that assist with recovery.

RESOURCES

National Mental Health Association

National Alliance on Mental Illness

National Institute of Mental Illness

SAMHSA´s National Mental Health Infomration Center

PRESCRIPTION DRUG ASSISTANCE PROGRAMS

National Alliance of Mental Illness

Partnership for Prescription Assistance

The Southern District of Florida provides counseling services to all federal defendants and offenders who have a substance abuse or alcohol related special condition. These services are provided through the use of either available community resources and/or contracted vendors. These cases are typically supervised by officers with specialized training or certification in the field of addictions.

Substance abuse treatment is a tool that helps U.S. Probation supervise or monitor defendants and offenders in the community. Treatment, which includes urine testing and services such as group counseling, individual counseling, family counseling and detoxification, is provided to persons who abuse illegal drugs, prescription drugs or alcohol. These individuals either are on probation, parole, supervised release or on pretrial supervision. Treatment is ordered either by the U.S. District Court or by the U.S. Parole Commission as a condition of releasing these persons to the community.

(Information cited from the Office of Probation and Pretrial Services, Administrative Office of the U.S. Courts, 2007).

It is the policy of the Southern District of Florida to provide counseling services to all federal defendants having treatment related conditions. These services are provided through the use of either available community resources, contracted vendors, or by services rendered directly by officers with specialized training and certification or by any combination thereof.

RESOURCES

Florida A.A. Alcoholics Anonymous. A.A. Meetings in Florida

Florida Region Narcotics Anonymous

Gamblers Anonymous

Florida South Al-Anon Family Groups

Miami Switchboard

Official Portal of The State of Florida

ATACHMENTS

Substance Abuse

The Location Monitoring Program will provide a safe and cost effective community based alternative to detention/incarceration that minimize community risk, and reasonably assures the defendant's appearance at all court proceedings through intensive supervision and accountability.

Location monitoring is not a sentence in and of itself, but may be a condition of probation, parole, or supervised release, as well as a condition of pretrial release. The Court may also use it as a sanction for persons who violate the conditions of their supervision, and the Federal Bureau of Prisons may use it for inmates released to serve the last part of their sentence under the supervision of United States Probation Officers. A benefit of the Location Monitoring Program is that it costs about one-fourth the cost of custody. In providing an alternative to detention and incarceration, location monitoring allows defendants and offenders to continue to contribute to the support of their families.

The persons under location monitoring are confined to their residence, linked to an electronic monitoring system, and required to maintain a strict daily activity schedule. These court-imposed restrictions, combined with close supervision by a probation officer, help deter further crime, ensure the safety of the community, and bring order to the defendant or offender's life. While location monitoring does not necessarily prevent a defendant or offender from committing a new crime, it does enhance the officer's ability to supervise more effectively.

ATTACHMENTS
Location Monitoring