Credit Access Can be Restricted During Supervised Release

A court has the discretion and can require financial updates and impose restrictions to credit on defendants convicted of non-financial crimes during their supervised release periods

United States v. Hart, 2016 BL 224440, 8th Cir., No. 15-3788, 7/13/16.

    The Eight Circuit ruled that after committing two counts of assault with a dangerous weapon and one count of assault resulting in serious bodily injury, a convicted defendant can face financial restrictions and financial monitoring by the court during supervised the release. In making this decision, the court looked at 18 U.S.C. § 3583(d), which gives courts the discretion to impose conditions of supervised release related to the original offense as well as deter similar future offenses. With this discretion, the court took note that the crimes committed by the convicted defendant stemmed from issues involving finances. Each tie The trial court’s intent was to restrict debt, which was within its discretion under the statute, the opinion stated.

   Additionally, part of his sentencing required the defendant to pay restitution, a special assessment, and to partially cover costs of his drug treatment, all things that could be compromised if he incurred debt. With these conditions, the court reserved the ability to adjust the restriction during the period of supervised release, if necessary.


http://www.bloomberglaw.com/public/document/United_States_v_Hart_No_153788_2016_BL_224440_8th_Cir_July_13_201.