Discretionary Conditions of Supervised Release- Sex Offender Registration and Notification Act

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7^th Circuit Court of Appeals

Case Name: United States of America v. Adam Maranto

Case No.: 22-1358

Officials: Flaum, Rovner, and Brennan, Circuit Judges.

Focus: Discretionary Conditions of Supervised Release- Sex Offender Registration and Notification Act

Maranto pled guilty to distributing child pornography. Following his release from prison in 2014, he began his lifetime period of supervised release in Wisconsin. Subsequently, Maranto committed another offense by possessing child pornography, resulting in a state court conviction. His sentence included 10 years in prison, followed by a decade of supervised release. This state conviction breached the terms of his federal supervised release, as did his possession of an unauthorized cell phone and child pornography.

Due to these violations, the district court revoked Maranto’s probation and sentenced him to 14 months in prison, running concurrently with his state court sentence. Additionally, he was given a lifelong period of supervised release.

Maranto raised objections to two discretionary conditions of his supervised release. Condition 13 necessitates Maranto to provide “all requested financial information, including copies of state and federal tax returns.” Condition 19 mandates that Maranto undergo psychosexual evaluations, including potential polygraph examinations, as approved by the supervising U.S. Probation Officer. The judge justified these conditions by referring to the requirement to report employment details under the Sex Offender Registration and Notification Act (34 U.S.C. 20901), as well as Maranto’s personal history.

The Seventh Circuit ruled that while alternative methods of monitoring Maranto’s employment and compliance with the Sex Offender Registration and Notification Act exist, tax returns provide valuable information that is not burdensome to produce. The district court carefully weighed the pros and cons of polygraph testing, highlighting its effectiveness in assessing sex offenders, including Maranto.

Affirmed

Decided 08/10/23

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