1 The mandatory conditions of parole are set forth at 18 U.S.C. § 4209.
2 For supervised release cases, these factors are (1) the nature and circumstances of the offense; (2) the history and characteristics of the defendant; (3) deterrence; (4) protection of the public; and (5) providing needed correctional treatment to the defendant. 18 U.S.C. §§ 3583(d)(1), 3553(a)(1), 3553(a)(2)(B)-(D). For probation cases, these factors are the same as in supervised release cases and also include reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment for the offense. 18 U.S.C. §§ 3563(b) and 3553(a)(1)-(2).
3 For supervised release cases, conditions must involve “no greater deprivation of liberty than is reasonably necessary” for the purposes of deterrence; protection of the public; and providing needed correctional treatment to the defendant. 18 U.S.C. §§ 3583(d)(2) and 3553(a)(2)(B)-(D). For probation cases, they must “involve only such deprivations of liberty or property as are reasonably necessary” for the purposes of deterrence; protection of the public; providing needed correctional treatment to the defendant; and promoting respect for the law, and providing just punishment for the offense. 18 U.S.C. §§ 3563(b) and 3553(a)(2).
5 These duties are expanded to the parole population by 18 U.S.C. §§ 4203 and 3655.
6 See also 18 U.S.C. §§ 3563(d) and 3583(f) (requiring the court to direct that the probation officer provide the defendant with a written statement that sets forth all the conditions of probation and supervised release and is “sufficiently clear and specific to serve as a guide for the defendant’s conduct and for such supervision as is required”).
7 The Judicial Conference of the United States (hereafter, “Judicial Conference”) was established by Congress in 1922 as the principal policy-making body concerned with the administration of the United States courts, including the probation and pretrial services system. While the Judicial Conference approves national policies to guide the courts and probation offices in the individual districts, many districts also have local written policies that substantially supplement national policies. The Judicial Conference approves policies that apply to United States district court employees, including employees of the United States probation and pretrial services system, in the performance of their duties.