(a) In
General.— The court, in imposing a sentence to a term of
imprisonment for a felony or a misdemeanor, may include as a part of the
sentence a requirement that the defendant be placed on a term of supervised
release after imprisonment, except that the court shall include as a part of the
sentence a requirement that the defendant be placed on a term of supervised
release if such a term is required by statute or if the defendant has been
convicted for the first time of a domestic violence crime as defined in section
3561 (b).
(b) Authorized Terms of Supervised Release.— Except as otherwise provided, the authorized terms of supervised
release are—
(1) for a
Class A or Class B felony, not more than five years;
(2) for a
Class C or Class D felony, not more than three years; and
(3) for a
Class E felony, or for a misdemeanor (other than a petty offense), not more than
one year.
(c) Factors To Be Considered in Including a Term of Supervised
Release.— The court, in determining whether to include a
term of supervised release, and, if a term of supervised release is to be
included, in determining the length of the term and the conditions of supervised
release, shall consider the factors set forth in section 3553 (a)(1), (a)(2)(B),
(a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Conditions of Supervised Release.— The
court shall order, as an explicit condition of supervised release, that the
defendant not commit another Federal, State, or local crime during the term of
supervision and that the defendant not unlawfully possess a controlled
substance. The court shall order as an explicit condition of supervised release
for a defendant convicted for the first time of a domestic violence crime as
defined in section 3561 (b) that the defendant attend a public, private, or
private nonprofit offender rehabilitation program that has been approved by the
court, in consultation with a State Coalition Against Domestic Violence or other
appropriate experts, if an approved program is readily available within a
50-mile radius of the legal residence of the defendant. The court shall order,
as an explicit condition of supervised release for a person required to register
under the Sex Offender Registration and Notification Act, that the person comply
with the requirements of that Act. The court shall order, as an explicit
condition of supervised release, that the defendant cooperate in the collection
of a DNA sample from the defendant, if the collection of such a sample is
authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of
2000. The court shall also 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 15 days of release on supervised
release and at least 2 periodic drug tests thereafter (as determined by the
court) for use of a controlled substance. The condition stated in the preceding
sentence may be ameliorated or suspended by the court as provided in section
3563 (a)(4).[1] The results of a drug test administered in accordance
with the preceding subsection shall be subject to confirmation only if the
results are positive, the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such test or there is
some other reason to question the results of the test. A drug test confirmation
shall be a urine drug test confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administrative Office of the
United States Courts after consultation with the Secretary of Health and Human
Services may determine to be of equivalent accuracy. The court shall consider
whether the availability of appropriate substance abuse treatment programs, or
an individual’s current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission guidelines from
the rule of section 3583 (g) when considering any action against a defendant who
fails a drug test. The court may order, as a further condition of supervised
release, to the extent that such condition—
(1) is
reasonably related to the factors set forth in section 3553 (a)(1), (a)(2)(B),
(a)(2)(C), and (a)(2)(D);
(2) involves no greater deprivation of liberty than is reasonably
necessary for the purposes set forth in section 3553 (a)(2)(B), (a)(2)(C), and
(a)(2)(D); and
(3) is
consistent with any pertinent policy statements issued by the Sentencing
Commission pursuant to 28 U.S.C. 994 (a);
any condition set forth as a discretionary condition of
probation in section 3563 (b)(1) through (b)(10) and (b)(12) through
(b)(20),[1] and any other condition it considers to be appropriate.
If an alien defendant is subject to deportation, the court may provide, as a
condition of supervised release, that he be deported and remain outside the
United States, and may order that he be delivered to a duly authorized
immigration official for such deportation. The court may order, as an explicit
condition of supervised release for a person who is a felon and required to
register under the Sex Offender Registration and Notification Act, that the
person submit his person, and any property, house, residence, vehicle, papers,
computer, other electronic communications or data storage devices or media, and
effects to search at any time, with or without a warrant, by any law enforcement
or probation officer with reasonable suspicion concerning a violation of a
condition of supervised release or unlawful conduct by the person, and by any
probation officer in the lawful discharge of the officer’s supervision
functions.
(e) Modification of Conditions or Revocation.— The court may, after considering the factors set forth in section
3553 (a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and
(a)(7)—
(1) terminate a term of supervised release and discharge the defendant
released at any time after the expiration of one year of supervised release,
pursuant to the provisions of the Federal Rules of Criminal Procedure relating
to the modification of probation, if it is satisfied that such action is
warranted by the conduct of the defendant released and the interest of justice;
(2) extend
a term of supervised release if less than the maximum authorized term was
previously imposed, and may modify, reduce, or enlarge the conditions of
supervised release, at any time prior to the expiration or termination of the
term of supervised release, pursuant to the provisions of the Federal Rules of
Criminal Procedure relating to the modification of probation and the provisions
applicable to the initial setting of the terms and conditions of post-release
supervision;
(3) revoke
a term of supervised release, and require the defendant to serve in prison all
or part of the term of supervised release authorized by statute for the offense
that resulted in such term of supervised release without credit for time
previously served on postrelease supervision, if the court, pursuant to the
Federal Rules of Criminal Procedure applicable to revocation of probation or
supervised release, finds by a preponderance of the evidence that the defendant
violated a condition of supervised release, except that a defendant whose term
is revoked under this paragraph may not be required to serve on any such
revocation more than 5 years in prison if the offense that resulted in the term
of supervised release is a class A felony, more than 3 years in prison if such
offense is a class B felony, more than 2 years in prison if such offense is a
class C or D felony, or more than one year in any other case; or
(4) order
the defendant to remain at his place of residence during nonworking hours and,
if the court so directs, to have compliance monitored by telephone or electronic
signaling devices, except that an order under this paragraph may be imposed only
as an alternative to incarceration.
(f) Written Statement of Conditions.— The
court shall direct that the probation officer provide the defendant with a
written statement that sets forth all the conditions to which the term of
supervised release is subject, and that is sufficiently clear and specific to
serve as a guide for the defendant’s conduct and for such supervision as is
required.
(g) Mandatory Revocation for Possession of Controlled Substance or
Firearm or for Refusal To Comply With Drug Testing.— If
the defendant—
(1) possesses a controlled substance in violation of the condition set
forth in subsection (d);
(2) possesses a firearm, as such term is defined in section 921 of
this title, in violation of Federal law, or otherwise violates a condition of
supervised release prohibiting the defendant from possessing a firearm;
(3) refuses to comply with drug testing imposed as a condition of
supervised release; or
(4) as a
part of drug testing, tests positive for illegal controlled substances more than
3 times over the course of 1 year;
the court shall revoke the term of supervised release and
require the defendant to serve a term of imprisonment not to exceed the maximum
term of imprisonment authorized under subsection (e)(3).
(h) Supervised Release Following Revocation.— When a term of supervised release is revoked and the defendant is
required to serve a term of imprisonment, the court may include a requirement
that the defendant be placed on a term of supervised release after imprisonment.
The length of such a term of supervised release shall not exceed the term of
supervised release authorized by statute for the offense that resulted in the
original term of supervised release, less any term of imprisonment that was
imposed upon revocation of supervised release.
(i) Delayed Revocation.— The power of the
court to revoke a term of supervised release for violation of a condition of
supervised release, and to order the defendant to serve a term of imprisonment
and, subject to the limitations in subsection (h), a further term of supervised
release, extends beyond the expiration of the term of supervised release for any
period reasonably necessary for the adjudication of matters arising before its
expiration if, before its expiration, a warrant or summons has been issued on
the basis of an allegation of such a violation.
(j) Supervised Release Terms for Terrorism Predicates.— Notwithstanding subsection (b), the authorized term of supervised
release for any offense listed in section 2332b (g)(5)(B) is any term of years
or life.
(k) Notwithstanding subsection (b), the authorized term of supervised
release for any offense under section 1201 involving a minor victim, and for any
offense under section 1591, 2241, 2242, 2243, 2244, 2245, 2250, 2251, 2251A,
2252, 2252A, 2260, 2421, 2422, 2423, or 2425, is any term of years not less than
5, or life. If a defendant required to register under the Sex Offender
Registration and Notification Act commits any criminal offense under chapter
109A, 110, or 117, or section 1201 or 1591, for which imprisonment for a term
longer than 1 year can be imposed, the court shall revoke the term of supervised
release and require the defendant to serve a term of imprisonment under
subsection (e)(3) without regard to the exception contained therein. Such term
shall be not less than 5 years.
[1]
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