United States Probation Office - Southern District New York |  |
Frequently Asked Questions
Supervision FAQs
- Can you tell me if someone is on supervision; and, if so, may I speak with the supervising officer about violations of law or supervision conditions?
- How can I get off of supervision early?
- What is the difference between Probation, Parole, and Supervised Release?
- Can I travel within or outside of the United States?
- Can I vote if I am under supervision?
Presentence FAQs
- What is a presentence report?
- How do I find out who is preparing my presentence report?
- Do I still report to Pretrial Services now that I have a probation officer?
- What type of documentation do I need to bring to the presentence interview?
- What happens after I am sentenced?
- What is Voluntary Surrender?
- How is my place of imprisonment determined?
- How do I obtain a copy of my presentence report?
- How do I obtain a copy of my Judgment and Commitment Order?
Can you tell me if someone is on supervision; and, if so, may I speak with the supervising officer about violations of law or supervision conditions?
We can only acknowledge what is considered public record. If it involves a violation of law, we will refer you to the appropriate probation officer or the appropriate law enforcement agency.
How can I get off of supervision early?
Title 18 U.S.C. 3564(c) and 3583(e)(1) permit the Court to terminate terms of probation in misdemeanor cases at any time, and terms of supervised release or probation in felony cases after the expiration of one year of supervision if such action is warranted by the conduct of an offender and is in the interest of justice. Early terminations are a rare occurrence and should not be expected.
What is the difference between Probation, Parole, and Supervised Release?
- Probation is a term of community supervision imposed by the court in lieu of a prison sentence.
- Parole is a period of community supervision imposed by the U.S. Parole Commission to be completed after release from a prison term.
- Supervised Release is a period of community supervision imposed by the court to be completed after release from a jail or prison sentence.
Can I travel within or outside of the United States?
The court has granted probation officers the authority to approve foreign travel for those on probation or supervised release supervision under the following criteria:
- The probationer or supervised releasee should have satisfied all financial obligations, except in emergencies which must be documented and verified.
- The probationer or supervised releasee may not have any pending non compliance issues, including pending criminal or civil matters.
- The probation officer is to check with the consulate of the country (foreign travel only) to be visited to insure there are no restrictions in place for probationer or supervised releasee travel.
- The reason for travel and all corresponding information (i.e., plane tickets, passports, hotel reservations, etc.) must be provided to the supervising officer to be viewed and copied.
- If travel is for emergency purposes (i.e., funeral/sick relatives) the probation officer will need to verify and document the specific information.
- If jurisdiction of the probationer or supervised releasee is not in the SDNY, permission needs to be obtained from the probation office in the sentencing district for foreign travel.
- The probation officer is to abide by any instructions regarding foreign travel as outlined in the Judgement and Commitment Order.
** NO TRAVEL WITHIN THE FIRST SIX MONTHS OF SUPERVISION IS TO BE ALLOWED EXCEPT IN EMERGENCY SITUATIONS**
Can I vote if I am under supervision?
Persons on probation or supervised release are eligible to vote in New York State. Persons on parole are NOT eligible to vote until they complete their parole term. Click on the below links for further information.
http://www.elections.state.ny.us/Voting.html#RegisterVote
As ordered by the court, a probation officer conducts a presentence investigation and submits a report to the court prior to sentencing. The purpose of the report is to assist the court in determining an appropriate sentence. It also serves to assist the probation officer in its supervision of the offender and to support the Bureau of Prisons with inmate designation, classification and release planning.
The probation officer independently investigates the specifics of the offense and the offender’s criminal background and personal characteristics. The probation officer conducts interviews with the offender, as well as significant others who can provide information about the offender. Interviews are also conducted with the prosecutor, victims, and investigating agents. Home visits are conducted to assess the offender’s living conditions. Information regarding familial relationships, education, employment, substance abuse, physical health, mental health, and financial condition is gathered.
After compiling this information, the probation officer preparing the presentence report makes recommendations regarding imprisonment, probation, supervised release, fines, and restitution. The officer also makes a recommendation regarding conditions of release.
How do I find out who is preparing my presentence report?
You may call the probation department at 212-805-5141 and ask the receptionist which probation officer was assigned to your case.
Do I still report to Pretrial Services now that I have a probation officer?
You should continue to report to Pretrial Services, as directed. The probation officer is assigned to you only for the purpose of preparing a presentence report.
What type of documentation do I need to bring to the presentence interview?
√ birth certificate√ school diplomas/GED/college degrees
√ paystubs
√ military records
√ marriage certificate/divorce decrees
√ social security card
√ immigration/naturalization documents
√ professional licenses/permits
√ driver’s license
√ vehicle/boat registrations
√ Dept. of Social Services records (i.e., food stamps, Section 8, disability)
√ proof of residence
√ income taxes for the last 3 years
This is only a partial list. The probation officer may direct you to provide additional documentation as needed.
What happens after I am sentenced?
You can be sentenced to a fine, probation or imprisonment. If you are sentenced to probation, you should report to the probation department immediately following sentencing. At the probation department, an officer will review your sentence and all conditions of release with you. Supervision is based on your residence. If you do not live within the Southern District of New York, your supervision will be transferred to the district where you reside.
If you are sentenced to imprisonment, and you are not directly committed to the custody of Bureau of Prisons from court, the judge may allow you to self-surrender to an institution designated by the Bureau of Prisons or to the U.S. Marshal Service. When this happens, you remain subject to the originally imposed bail conditions.
If you are sentenced to a term of imprisonment with voluntary surrender, you must report to the probation department to review your conditions of supervised release. You will be asked to update your contact information, and your fingerprints will be taken. An officer will provide instructions regarding designated facilities once you are designated. This information is shared with Pretrial Services, the prosecutor, and your attorney, once it becomes available.
How is my place of imprisonment determined?
The Bureau of Prisons is solely responsible for selecting the institution for service of your sentence. It considers, among other things, any recommendations from the sentencing judge, your medical/mental health/substance abuse issues, the geographic area of your residence, security issues, and the population of individual institutions. The probation department has no input in the decision-making process and is unable to change a designation. Neither the Bureau of Prisons nor the U.S. Marshal Service is authorized to release information regarding designations to the public (i.e., offenders, defense counsel, etc.).
Once you have been designated to a facility, you should call the instituion directly for information and directions. Further information is available at the Bureau of Prisons’ website, www.bop.gov.
How do I obtain a copy of my presentence report?
Presentence reports are confidential documents and will only be released to your attorney (who will share it with you), the prosecutor, the court, and the Bureau of Prisons (if you are sentenced to imprisonment). Absent a court order, no other party is entitled to a copy.
How do I obtain a copy of my Judgment and Commitment Order?
Judgment and Commitment Orders are public information. You may obtain a copy from the Clerks Office at the U.S. Courthouse at 500 Pearl Street, New York, NY (212-805- 0140).