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Tenth Restricts Conditions That Can Be Placed On Supervised Release Conditions

By Shari Allison

U.S. v. Mike, 2011 WL 538867 (2/17/11) (Published) - Some important restrictions placed on supervised release conditions in sex offender and other cases. First, the 10th shoots down a ripeness argument. Supervised release terms are directly appealable even though they are subject to later modification. A d. ct. may not delegate to the probation officer the decision whether to require a defendant to do anything that affects a significant liberty interest, such as in this case inpatient treatment or undergoing penile plethysmographic testing or taking psychotropic drugs. And any such imposition by the d. ct. must be supported by particularized findings. Also, the d. ct. erred when it failed to make the required occupational-restriction findings to justify prohibiting the defendant from having a job with access to children, requiring him to notify potential employers or educational programs of his criminal convictions and possibly restricting the defendant's use of the computers of the defendant's employer...continue to full post

Full post as published by Tenth Circuit Blog on February 24, 2011 (boomark / email).