In criminal cases:
Two weeks prior to sentencing, the Government shall provide to the Defense and to the Court a list of Conditions of Supervised Release which it intends to seek at sentencing. The list shall include:
1) Mandatory conditions;
2) Discretionary conditions to promote respect for the law and deter the Defendant from committing future crimes;
3) Discretionary conditions to support needed medical, health or other care and reintegration into the community; and to ensure that the Defendant is engaged in lawful pursuits rather than criminal activity;
4) Discretionary conditions that ensure the Defendant is engaged in responsible fiscal behavior while on supervised release and consistent with the need to repay victims;
5) Discretionary conditions to ensure the safety of others.
Each condition shall be followed by a reference to the PSR, statute, regulation, trial, plea agreement, or other evidentiary material to support the provision. Any evidentiary materials that are not already part of the record, shall be made part of the record at the time of sentencing and shared with Defense prior to the sentencing hearing. The Government shall be prepared at sentencing to support each condition it seeks to have imposed by the Court. The Defense shall be prepared at the sentencing hearing to object to any condition with support. The Court will rule upon the conditions at the sentencing hearing and will use the list as a template in preparing the Final Judgment and Commitment Order. Both the Government and the Defense will be required to initial the final marked-up version of the list which will become part of the sentencing record and will be used to prepare the Final Judgment and Commitment Order.
The government shall provide a copy of the conditions of supervised release to defense counsel and electronically file a copy of the docket.
- The defendant shall participate in an available program approved by the U.S. Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. (See Pretrial Services Report 12/1/15 at p.3; PSR at pp. 8-9; trial testimony of Jim Smith).
- The defendant shall pay restitution to his victims. (See 18 U.S.C. 366A and 3664).