U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 229— POSTSENTENCE ADMINISTRATION › Subchapter SUBCHAPTER A— PROBATION

18 U.S.C. § 3603

Duties of probation officers

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A probation officer shall—(1) instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions specified by the sentencing court, and provide him with a written statement clearly setting forth all such conditions;(2) keep informed, to the degree required by the conditions specified by the sentencing court, as to the conduct and condition of a probationer or a person on supervised release, who is under his supervision, and report his conduct and condition to the sentencing court;(3) use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person on supervised release who is under his supervision, and to bring about improvements in his conduct and condition;(4) be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial district;(5) keep a record of his work, and make such reports to the Director of the Administrative Office of the United States Courts as the Director may require;(6) upon request of the Attorney General or his designee, assist in the supervision of and furnish information about, a person within the custody of the Attorney General while on work release, furlough, or other authorized release from his regular place of confinement, or while in prerelease custody pursuant to the provisions of section 3624(c);(7) keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked;(8)(A) when directed by the court, and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the provisions of section 4243, 4246, or 4248 of this title, and report such person’s conduct and condition to the court ordering release and to the Attorney General or his designee; and(B) immediately report any violation of the conditions of release to the court and the Attorney General or his designee;(9) if approved by the district court, be authorized to carry firearms under such rules and regulations as the Director of the Administrative Office of the United States Courts may prescribe; and(10) perform any other duty that the court may designate.(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2002; amended Pub. L. 99–646, § 15(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 102–572, title VII, § 701(a), Oct. 29, 1992, 106 Stat. 4514; Pub. L. 104–317, title I, § 101(a), Oct. 19, 1996, 110 Stat. 3848; Pub. L. 115–391, title VI, § 609(a), Dec. 21, 2018, 132 Stat. 5245.)Editorial NotesAmendments

2018—Par. (8)(A). Pub. L. 115–391 substituted “, 4246, or 4248” for “or 4246”.

1996—Pars. (9), (10). Pub. L. 104–317 added par. (9) and redesignated former par. (9) as (10).

1992—Pars. (8), (9). Pub. L. 102–572 added par. (8) and redesignated former par. (8) as (9).

1986—Pub. L. 99–646 redesignated pars. (a) to (h) as (1) to (8), respectively, and in par. (6) substituted “assist in the supervision of” for “supervise” and inserted a comma after “about”.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

Effective Date of 1986 Amendment

Pub. L. 99–646, § 15(b), Nov. 10, 1986, 100 Stat. 3595, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the taking effect of section 3603 of title 18, United States Code [Nov. 1, 1987].”

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

Notes of Decisions
Cited in 136 cases (21 in the last 5 years), 1987–2026 · leading case: United States v. Donald Reyes, Robert Jubic, 283 F.3d 446 (2d Cir. 2002).
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United States v. Donald Reyes, Robert Jubic, 283 F.3d 446 (2d Cir. 2002). · cites it 9× “Supervision of Federal Offenders, at 3; 18 U.S.C. § 3603 (1); Storm, ante, at 16.”
United States v. Lin Edward Davis, 151 F.3d 1304 (10th Cir. 1998). · cites it 12× “Davis contends that the initiation of revocation proceedings by a probation officer exceeds the officer’s authority pursuant to 18 U.S.C. § 3603 and the United States Constitution.”
United States v. Antonio D. Stephens, 424 F.3d 876 (9th Cir. 2005). · cites it 5× “See, 18 U.S.C. § 3603 (providing inter alia that a probation officer shall instruct the probationer or person on supervised release of the conditions specified by the court, keep informed of the person’s conduct and condition, aid the person in bringing about improvements in his…”
United States v. Melendez-Santana, 353 F.3d 93 (1st Cir. 2003). · cites it 4× “2002 (codified at 18 U.S.C. § 3603 ), relied on by the Smith Court as evidence that Congress gave probation officers the authority to require drug tests, were superceded by the more specific provision in the 1994 Act that explicitly gave that power to courts.”
United States v. Victoria Kaye Johnson, A/K/A Victoria Kaye S., 48 F.3d 806 (4th Cir. 1995). · cites it 5× “See 18 U.S.C. § 3603 . Probation officers are appointed by the district court and serve under its direction.”
Barrett N. Weinberger v. United States, 268 F.3d 346 (6th Cir. 2001). · cites it 2× “I note that while 18 U.S.C. § 3603 (9) (1994) (currently codified at 18 U.”
United States v. Eugene P. Kent, 209 F.3d 1073 (8th Cir. 2000). · cites it 3× “Delegation of Authority to the Probation Officer The duties of probation officers are set out at 18 U.S.C. § 3603 . Among other things, a probation officer shall: (1) “instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions…”
UNITED STATES of Am., Plaintiff-Appellee, v. Juan MEJIA-SANCHEZ, Defendant-Appellant, 172 F.3d 1172 (9th Cir. 1999). · cites it 5× “See 18 U.S.C. § 3603 . In particular, the statute requires a probation officer to “keep informed .”
United States v. Charles Armour, 804 F.3d 859 (7th Cir. 2015). · cites it 2× “Additionally, this condition is justified by 18 U.S.C. § 3603 (2)’s requirement that a probation officer remain informed of the conduct and condition of a person under supervision.”
United States v. Daniel Lomas, III, 643 F. App'x 319 (5th Cir. 2016). · cites it 2× “Lomas argues that the district court impermissibly delegated its judicial authority by leaving his participation in a mental-health program to the discretion of his probation officer.”
United States v. Ali Amin, 85 F.4th 727 (4th Cir. 2023). · cites it 2× “” 18 U.S.C. § 3603 (1); see also U.S.S.G. § 5D1.”
United States v. Chance Rearden, 349 F.3d 608 (9th Cir. 2003). “See 18 U.S.C. § 3603 ; see also United States v.”
Show all 136 citing cases →
— 18 U.S.C. § 3603(1) — 1 case
State v. Shannon, 185 P.3d 200 (Haw. 2008).
— 18 U.S.C. § 3603(8)(B) — 1 case
Morris v. United States (E.D. Tex. 2023).
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