made by the court [. ]”); United States v . Allen , 312 F . 3d 512 ( 1st Cir . 2002 ) ( affirming condition giving probation officer discretion to determine the details of the offender ’ s mental health treatment sessions ; condition not an improper delegation of judicial sentencing authority because the court decided whether the defendant received treatment , and the probation officer only determined the type of mental health program ); United States v . Sines , 303 F . 3d 793 , 799 ( 7th Cir . 2002 ) (“[ A ] district court . . . must itself impose the actual condition requiring participation in a sex offender treatment program .”); United States v . Peterson , 248 F . 3d 79 , 84-85 ( 2d Cir . 2001 ) ( lawful delegation to probation officer regarding scheduling and selection of mental health treatment ); United States v . Kent , 209 F . 3d 1073 ( 8th Cir . 2000 ) ( unlawful delegation of judicial authority where probation officer authorized to determine if person sentenced must attend a psychological / psychiatric counseling program ).
14 Pub . L . No . 103-322 , 108 Stat . 1796 , 1830-31 ( 1994 ) ( currently codified at 18 U . S . C . ’ 3563 ( a ) ( 5 ) ( probation ), ’ 3583 ( d ) ( supervised release ), and 4209 ( a ) ( parole )).
15 Section 3583 ( a )( 5 ) provides : [ F ] or a felony , a misdemeanor , or an infraction , that the
defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter ( as determined by the court ) for use of a controlled substance , but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant ’ s presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant . 18 U . S . C . ’ 3583 ( a )( 5 ). Section 3583 ( d ) was amended to require a court to “ order , as an explicit condition of supervised release , that the Defendant refrain from any unlawful use of a controlled substance and submit to a drug test within fifteen days of release . . . and at least two periodic drug tests thereafter ( as determined by the Court ).” 18 U . S . C . ’ 3583 ( d ).
16 45 F . Supp . 2d 914 ( M . D . Ala . 1999 ).
17 Id . at 918 ( emphasis added ).
18 Id . at 918-19 ( quoting 18 U . S . C . ’ 3603 ( 3 )).
19 146 F . 3d 502 ( 7th Cir . 1998 ).
20 997 F . 2d 263 ( 7th Cir . 1993 ).
21 Bonanno , 146 F . 3d at 511 .
22 Boula , 997 F . 2d at 269 .
23 174 F . 3d 859 ( 7th Cir . 1999 ).
24 353 F . 3d 93 , 105-06 ( 1st Cir . 2003 ), partially overruled on other grounds by United States v .
Padilla , 415 F . 3d 211 ( 1st Cir . 2005 ) ( en banc ) ( unlawful delegation of judicial discretion to determine the maximum number of drug tests to a probation officer is not subject to plain error review ).
25 Id . at 101 & n . 6 .
26 Id . at 104 .
27 Id . at 106 .
28 Id . at 105 .
29 Id . at 105 .