Blanket Employment Verification For Supervised Releasees Upheld

U.S. v. Du, 2007 WL 533022 (2/22/07) - While drawing some very fine lines, the 10th upholds the Colorado probation office's broad policy to verify supervised releasees' employment with their employers. The 10th distinguished its decision in U.S. v. Souser, 405 F.3d 1162 (10th Cir. 2005). In that case, the 10th held the Colorado probation office's policy to require all supervisees to inform their prospective employers about their criminal history violated USSG § 5F1.5's requirement of an individualized assessment of the need for an "occupational restriction" that limits the terms of employment. The 10th held the new policy did not limit the terms of employment. The supervisees aren't restricted at all. Rather, the policy was needed for those warm and fuzzy, pistol-packing, officers to work with employers to ensure supervisees' reintegration into society [surely, not to get them fired]. Pay stub proof of employment wouldn't cut it because that can be faked and the officer needs to see how the employee is doing, determine whether restrictions on job duties are needed and develop a relationship with the employer. Surprisingly, probation officers testified that hardly anyone ever loses a job because of employment verification.