Probation office contact with probationer’s employer to verify employment status does not constitute occupational restriction on probationer
STATUTORY CONSTRUCTION United States v. Du, No. 05-1288, ___ F.3d ___ (10th Cir. Feb. 22, 2007)(Colorado). Appeal of district court order denying defendant’s challenge to probation office’s employment verification policy HELD: Probation office’s policy of verifying probationers’ employment status by contacting employers does not place limits on terms of employment or require probationer to engage in specified occupation, business, or profession only to stated degree or under stated circumstances. Therefore, policy it is not an occupational restriction requiring individualized or case-by-case implementation under 18 U.S.C. § 3563(b)(5). Read the opinion here. |
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