Substance Abuse Testing
To address the risk of nonappearance or danger to the community, the Court may order a condition, or combination of conditions, which may include the following:
Third-Party Custody: The Court may designate a person in the community to assist in monitoring a defendant’s conduct and to report any violation of a release condition to the Pretrial Services Officer and the Court. This person must be able to provide reasonable assurance to the Court that the defendant will appear as required and will not pose a danger to the community.
Employment: The Court may require a defendant to maintain employment, or if unemployed, actively seek employment. A defendant with this condition must take steps to demonstrate efforts to obtain employment, if unemployed. A defendant may be required to submit proof of their efforts. A defendant may also be required to participate in programs offered by the Idaho Department of Labor to increase their employment opportunities.
Association Restrictions: If ordered, a defendant may be required to avoid any contact with a specific person(s) or a classification of people in the community. For instance, a defendant may be ordered to not have contact with co-defendants, witnesses, alleged victims, gang members, minors, or persons who are possessing/using controlled substances.
Residential Restrictions: The Court may order a defendant to reside at a specific residence and to not change residences without prior approval.
Reporting Supervision: If released to pretrial supervision, a defendant is required to maintain contact with an officer from the U.S. Probation and Pretrial Services Office. A contact rate will be determined by your assigned officer and may include contacts at your home, employment, U.S. Probation and Pretrial Services Office, or elsewhere in the community as deemed appropriate. The Pretrial Services Officer may also require you to maintain regular telephone contact, as determined necessary.
Curfew/Location Monitoring: The Court may require a defendant to abide by a curfew as directed. The curfew may be monitored with the use of location monitoring equipment. Location monitoring may include regular RF or a GPS monitoring device. The device will be attached by your officer and cannot be removed until ordered by the Court. A defendant may be required to reimburse the government for the cost of location monitoring equipment.
Weapon Restrictions: The Court may restrict a defendant from possessing a firearm or other dangerous weapon. If ordered, a defendant will need to arrange to have any firearms removed from their home and placed with a third party, who may legally possess weapons. This may require the removal of firearms that belong to another person, from the home in which a defendant resides.
Alcohol Restrictions/Abstinence: A defendant may be prohibited from possessing or consuming alcohol.
Substance Abuse Testing: Unless a controlled substance is legally prescribed by a physician, a defendant can be restricted from using or possessing controlled substances. To monitor the use of controlled substances, a defendant may be required to submit to drug testing. Drug testing can be conducted through the use of urinalysis, oral swabs, or sweat patches. A defendant may be directed to submit the samples at any time, upon the request of the officer. The officer may take sample in person, or direct a defendant to report to a contract facility to submit the requested sample. A defendant may be required to reimburse the government for the cost of testing.
Substance Abuse Counseling/Mental Health Treatment: If deemed necessary, a defendant may be referred for treatment relating to substance abuse or mental health issues. If approved, a defendant may seek counseling services from an approved, licensed provider on their own. A defendant may also be referred to a treatment provider who is under contract with the U.S. Probation and Pretrial Services Office. A defendant may be required to reimburse the government for the cost of treatment. Treatment for these issues will address the risk of nonappearance or danger to the community that a defendant may pose.
Travel Restrictions: To address an identified risk, the Court may order a defendant’s travel be restricted to a specific geographic area. A defendant may be restricted to a specific community, county or state. The pretrial officer is not authorized to approve travel outside of a restricted area, unless granted authority to do so by the Court. Issues regarding pre-paid vacations or requests to travel outside of a restricted area will need to be addressed through counsel. A travel restriction may also include a specific place, such as a school, business or airport.
Passport Restrictions: The Court may order a defendant to surrender a passport to the U.S. Probation and Pretrial Services Office or the Court. If a passport is surrendered to the Pretrial Services Officer, a defendant is provided a receipt and the passport is maintained at the U.S. Probation and Pretrial Services Office. If ordered not to obtain a new passport, the Pretrial Services Officer will notify the U.S. Department of State that an Order exists precluding a defendant from applying for a new passport. A passport may be returned upon conclusion of the criminal proceedings.
Other Conditions: In addition to, or in conjunction with, any of the conditions noted above, the Court may order any condition deemed necessary to address the risks that a defendant may pose.
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Updated on Feb 27, 2014