红杏视频

In 2022, an Eastern District of New York Court sentenced Brian Maiorana to 36 months in prison, followed by three years of supervised release. The Court imposed mandatory supervision conditions, as well as a slate of 13 discretionary 鈥渟tandard鈥� conditions. While nominally called 鈥渟tandard,鈥� these conditions are wide-ranging, onerous, and highly technical鈥攊ncluding requirements to report any address change at least 10 days in advance, not leave the federal judicial district, work full-time, and not knowingly interact with anyone with a felony conviction. Despite their serious implications for daily life, the Court never informed Mr. Maiorana of these 鈥渟tandard鈥� conditions during sentencing.

Second Circuit precedent has permitted this result. In United States v. Truscello, 168 F.3d 61 (2d Cir. 1999), the Second Circuit held that 鈥渟tandard鈥� conditions are simply 鈥渂asic administrative requirement[s]鈥� that are 鈥渋mplicit鈥� in a term of supervised release and thus do not need to be orally pronounced at sentencing. In contrast, the majority of other federal circuits require courts to orally pronounce all non-mandatory supervision conditions.

On May 16, 2025, the 红杏视频, NYCLU, and Executives Transforming Probation and Parole (EXiT)鈥攁 coalition of current and former chief executives in probation/parole offices across the United States鈥攆iled an amicus brief arguing that the Second Circuit should overturn Truscello and hold that judges must orally pronounce each non-mandatory supervised release condition at sentencing.

The amicus brief explains how imposing blanket "standard" conditions without individually assessing a person's needs and goals is unnecessary, harmful, and counterproductive to the supervised release system's goal of advancing rehabilitation. The brief highlights the heightened burdens these conditions place on people with disabilities, those experiencing homelessness, and Black people and others in heavily policed communities. As just a few examples, requirements to report every address change are impracticable for people with unstable housing; prohibitions on associating with anyone convicted of a felony disproportionately burden Black people who, given structural racism, are more likely to have family and community members with felony records; and people with disabilities regularly need reasonable accommodations to understand and adhere to these complex requirements. In short, the blanket imposition of 鈥渟tandard鈥� conditions sets people up to fail, often driving them right back to prison.