18 U.S.C. § 3583 : US Code - Section 3583: Inclusion of a term of supervised release after imprisonment

Search 18 U.S.C. § 3583 : US Code - Section 3583: Inclusion of a term of supervised release after imprisonment

(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 described in section 4042(c)(4),
that the person report the address where the person will reside and
any subsequent change of residence to the probation officer
responsible for supervision, and that the person register in any
State where the person resides, is employed, carries on a vocation,
or is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law Enforcement Act
of 1994). 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.
(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), the
commission of which resulted in, or created a foreseeable risk of,
death or serious bodily injury to another person, 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,
2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422,
2423, or 2425, is any term of years or life.