Orin Kerr helpfully tweeted a link to a guidance for judges on restricting access to computers as a condition of probation and supervised release. Because it’s a condition that’s come up in a number of hacking-related sentences, I thought I’d post it here:
Supervising Cybercrime Offenders Through Computer-Related Conditions: A Guide for Judges
Stephen E. Vance
Attorney Advisor
Probation and Pretrial Services Office Administrative Office of the U.S. Courts
Federal Judicial Center October 2015
From the introduction, on the statutory principles involved (footnotes omitted):
Sentencing courts have broad discretion to impose special conditions of postconviction supervision, provided that several requirements are met. First, the condition must be “reasonably related” to the relevant sentencing factors. For supervised release cases, these factors are (1) the nature and circumstances of the offense, (2) the history and characteristics of the defendant, (3) deterrence, (4) protection of the public, or (5) providing needed correctional treatment to the de- fendant.For probation cases, these factors are the same as in supervised release cases and also include reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment for the offense. It is not necessary for a special condition to be reasonably related to every sentencing factor. Rather, each factor is an independent consideration to be weighed.
Second, the condition must minimize the deprivation of liberty. For supervised release cases, they must involve “no greater deprivation of liberty than is reasonably necessary” for the purposes of deterrence, protection of the public, and providing needed correctional treatment to the defendant. For probation cases, they must “involve only such deprivations of liberty or property as are reasonably necessary” for the purposes of deterrence, protection of the public, providing needed correctional treatment to the defendant, promoting respect for the law, and providing just punishment for the offense. Third, the condition must be “consistent with any pertinent policy statements issued by the Sentencing Commission.”
Access the full report here.