Even after a criminal defendant completes his or her jail sentence, restrictions on freedom may remain. When a defendant leaves a jail or prison, a judge may impose terms of supervised release, which place certain restrictions on a defendant’s activities and require him or her to check in regularly with a probation officer. For defendants convicted of sex crimes, these terms of supervised release may be particularly restrictive because of the very serious nature of their crimes and the high rates of recidivism for sex offenders. A recent case before the Seventh Circuit Court of Appeals looks at particularly restrictive terms and a defendant’s efforts to oppose them.
In United States v. Warren, Mr. Warren was charged with transporting and possessing child pornography and was sentenced to five years in prison and 15 years of supervised release. Over the course of 19 days in 2003, Mr. Warren managed a Yahoo Group that he used to share and distribute child pornography to other members. He also solicited members to add to the collection of child pornography that he had created. In February 2004, federal agents executed a search of Mr. Warren’s apartment and seized his computer. Mr Warren admitted to hosting the Yahoo group and to possessing child pornography. He pled guilty to the charges against him and was sentenced to jail time and supervised release. Toward the end of his prison term, the probation officers in charge of Mr. Warren’s eventual release petitioned the court to modify Mr. Warren’s conditions of supervised release. Specifically, they sought to add a travel condition to his release, requiring him to notify his probation officers whenever he sought to travel outside the state. They also sought to impose a no-contact-with-minors condition and a polygraph condition.