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Overview Post-Conviction

There are 93 judicial districts in the United States, and we are the District of New Hampshire.  The policy of each district is created by the district court and the Chief U.S. Probation Officer of the district.  This site is available to provide basic information about supervision.  Offenders should be prepared to learn the policies, rules, and procedures for the district of supervision, and follow the conditions of supervision on the sentencing judgment.

CONDITIONS OF RELEASE

People under supervision have a set of standard conditions they must follow.  Additional conditions can be imposed by the Court as well.  Officers have the responsibility to ensure that offenders are abiding by all of their conditions. This is achieved through office, home, employment and other community visits like with counselors or to community services sites.  Additionally, officers may refer offenders to outside services for counseling, drug testing, education, vocational training, and any other needed services. Officers are ultimately trying to help offenders succeed on supervision and in life. 

MONTHLY REPORTING

Offenders are sometimes required to submit a monthly report form by the 5th day of the month or as instructed by the officer. This process reports standard information such as address, phone number, employment information, etc.  It also asks questions about contact with law enforcement and other felons.  It is crucial that each question is answered accurately each month. One common mistake is assuming that the officer has the information on file and thus not completely filling out each line including vehicle identification number or apartment numbers.  The monthly report process creates a legal document, and there are penalties for providing false information under 18 USC § 1001. (Note this form is available on this website and at our e-reporting website or you can type or paste the URL https://supervision.uscourts.gov/ERSLogin/ in your browser address bar.)

FIREARMS PROHIBITION

Offenders who have been convicted of a felony are not allowed to possess a firearm or ammunition.  This applies both during and after the term of supervision.

FINANCIAL OBLIGATIONS

Offenders who have a court-ordered debt to pay (mandatory special assessment, fine, restitution, and/or child support) may be required to submit certain financial documentation each month.  In addition, offenders may be required to submit an annual financial statement, provide a federal income tax return, and/or asked to sign a release each year so that a credit bureau history report can be obtained.

In every U.S. Attorneys Office there is a Financial Litigation Unit (FLU), which has the statutory responsibility to collect a court-ordered debt. From the date of your judgment, the FLU has 20 years to collect on this debt following any imprisonment. The FLU agent may garnish a portion of wages, garnish a portion of spouses’ wages, garnish income tax returns, and put liens on your personal property.

Offenders are required to pay court-ordered debt to the best of their ability. Failure to pay your this debt when they have the ability to pay can result in revocation.

TRAVEL PERMITS

Travel is a privilege not a right.  No person is allowed to travel outside of their district during the first 60 days of supervision.  This is to allow time for the proper referrals to be made and ensure compliance with the conditions of release.  Travel requests must be submitted 10 days in advance to allow time to confirm the details and nature of your trip.  It is regularly requested that offenders report to the office upon return to submit a urine specimen to ensure compliance with drug conditions while on travel.  Generally offenders are not allowed to travel for pleasure if they are delinquent in their fees or if they have been considered non-compliant in the recent past.  However, exceptions for travel restrictions are made in cases of verified emergencies.

TREATMENT

Substance Abuse Treatment

Drug treatment, if ordered, may be implemented in a variety of forms, including individual and group outpatient sessions, short-term residential programs, or therapeutic community programs.  Substance abuse testing always accompanies treatment, but it is often done in the absence of treatment as well if it has been ordered by the Court.  In addition, substance abuse evaluations are performed when there is a need for one.

Offenders are subject to mandatory revocation of any illegal drug use while on supervision.  While officers will attempt to provide drug aftercare treatment in response to illegal drug use, offenders are subject to mandatory revocation if they test positive more than three times during a 12-month period, pursuant to 18 USC 3565(b)(1) and 18 USC 3583(g)(4).

Mental Health Treatment

If the Court has ordered mental health treatment as a condition of supervision, offenders will be referred to a licensed mental health professional for an assessment and possible medication management.  There is no set length of time required for participation in mental health treatment.  The length of treatment is based on a person's need and functioning, as evaluated and monitored by the probation office and mental health professionals.  For those who wish to see a non-contract mental health treatment provider, that may be discussed with the probation officer.

Sex Offender Treatment

If the Court has ordered sex offender treatment as a condition of supervision, offenders will be referred to a licensed sex offender treatment provider for an assessment, testing, and treatment.  As part of sex offender treatment, offenders usually are required to undergo polygraph examinations.  Most sex offender treatment programs involve group sessions and they take at least two years to complete. 

EARLY TERMINATION

According to federal statue, all offenders are eligible for early release after one year of supervision; however, it is the decision of the sentencing judge.  These decisions are made on a case-by-case basis, and they will involve the input of the U.S. Attorney's Office.  This process also underscores the importance of compliance on supervision and of offenders having a good working relationship with their officer.

 

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