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

The Sex Offender Registration and Notification Act, referred to in subsecs. (d) and (k), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§ 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34 and Tables.

Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (d), is section 3 of Pub. L. 106–546, which is classified to section 40702 of Title 34, Crime Control and Law Enforcement.

Section 3563(a)(4), referred to in subsec. (d), probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, § 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

The Federal Rules of Criminal Procedure, referred to in subsec. (e)(1), (2), (3), are set out in the Appendix to this title.

2016—Subsec. (d). Pub. L. 114–324 inserted “, that the defendant make restitution in accordance with sections 3663 and 3663A, or any other statute authorizing a sentence of restitution,” after “supervision” in first sentence.

2015—Subsec. (k). Pub. L. 109–164, § 209(d), formerly Pub. L. 114–22, § 114(d), as renumbered by Pub. L. 117–347, § 106(b)(1), which directed amendment of subsec. (k) by inserting “1594(c),” after “1591,”, was executed by making the insertion after “1591,” the first place appearing to reflect the probable intent of Congress.

2008—Subsec. (d). Pub. L. 110–406 substituted “section 3563(b) and any other condition it considers to be appropriate, provided, however that a condition set forth in subsection 3563(b)(10) shall be imposed only for a violation of a condition of supervised release in accordance with section 3583(e)(2) and only when facilities are available.” for “section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20), and any other condition it considers to be appropriate.” in concluding provisions.

2006—Subsec. (d). Pub. L. 109–248, §§ 141(e)(1), 210(b), substituted “required to register under the Sex Offender Registration and Notification Act, that the person comply with the requirements of that Act.” for “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).” in third sentence of introductory provisions and inserted “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.” at end of concluding provisions.

Subsec. (j). Pub. L. 109–177 struck out “, the commission of which resulted in, or created a foreseeable risk of, death or serious bodily injury to another person,” before “is any term of years or life.”

Subsec. (k). Pub. L. 109–248, § 141(e)(2), substituted “2243, 2244, 2245, 2250” for “2244(a)(1), 2244(a)(2)”, inserted “not less than 5,” after “any term of years”, and inserted “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.” at end.

2003—Subsec. (e)(3). Pub. L. 108–21, § 101(1), inserted “on any such revocation” after “required to serve”.

Subsec. (h). Pub. L. 108–21, § 101(2), struck out “that is less than the maximum term of imprisonment authorized under subsection (e)(3)” after “required to serve a term of imprisonment”.

Subsec. (k). Pub. L. 108–21, § 101(3), added subsec. (k).

2002—Subsecs. (c), (e). Pub. L. 107–273, § 3007, substituted “(a)(6), and (a)(7)” for “and (a)(6)”.

Subsec. (g)(4). Pub. L. 107–273, § 2103(b), added par. (4).

2001—Subsec. (j). Pub. L. 107–56 added subsec. (j).

2000—Subsec. (d). Pub. L. 106–546 inserted “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.” before “The court shall also order,”.

1997—Subsec. (d). Pub. L. 105–119 inserted after second sentence “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).”

1994—Subsec. (a). Pub. L. 103–322, § 320921(c)(1), inserted before period at end “or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b)”.

Subsec. (d). Pub. L. 103–322, § 320921(c)(2), inserted after first sentence “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.”

Pub. L. 103–322, § 20414(c), inserted after first sentence “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). 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.”

Pub. L. 103–322, § 110505(1), substituted “unlawfully possess a controlled substance” for “possess illegal controlled substances” in first sentence.

Subsec. (e)(1). Pub. L. 103–322, § 110505(2)(A), substituted “defendant” for “person” in two places.

Subsec. (e)(3). Pub. L. 103–322, § 110505(2)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release without credit for time previously served on postrelease supervision, if it finds by a preponderance of the evidence that the person violated a condition of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure that are applicable to probation revocation and to the provisions of applicable policy statements issued by the Sentencing Commission, except that a person whose term is revoked under this paragraph may not be required to serve more than 3 years in prison if the offense for which the person was convicted was a Class B felony, or more than 2 years in prison if the offense was a Class C or D felony; or”.

Subsec. (e)(4). Pub. L. 103–322, § 110505(2)(A), substituted “defendant” for “person”.

Subsecs. (g) to (i). Pub. L. 103–322, § 110505(3), added subsecs. (g) to (i) and struck out former subsec. (g) which read as follows:

“(g) Possession of Controlled Substances.—If the defendant is found by the court to be in the possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of supervised release.”

1990—Subsec. (d)(2). Pub. L. 101–647, § 3589(1), inserted a comma after “3553(a)(2)(B)”.

Subsec. (e)(2) to (5). Pub. L. 101–647, § 3589(2)(A)–(C), struck out “or” at end of par. (2), substituted “; or” for period at end of par. (3), and redesignated par. (5) as (4).

1988—Subsec. (d). Pub. L. 100–690, § 7303(b)(1), inserted “and that the defendant not possess illegal controlled substances” before period at end of first sentence.

Pub. L. 100–690, § 7305(b)(1), substituted “(b)(20)” for “(b)(19)” in concluding provisions.

Subsec. (d)(1). Pub. L. 100–690, § 7108(a)(1), inserted “(a)(2)(C),” after “(a)(2)(B),”.

Subsec. (d)(2). Pub. L. 100–690, § 7108(a)(2), which directed that “(a)(2)(C),” be inserted after “(a)(2)(B),”, was executed by inserting “(a)(2)(C),” after “(a)(2)(B)” as the probable intent of Congress, because no comma appeared after “(a)(2)(B)”.

Subsec. (e). Pub. L. 100–690, § 7108(b)(1), inserted “(a)(2)(C),” after “(a)(2)(B),” in introductory provisions.

Subsec. (e)(2). Pub. L. 100–690, § 7108(b)(2), inserted “or” after “supervision;”.

Subsec. (e)(3). Pub. L. 100–690, § 7305(b)(2)(A), which directed amendment of par. (3) by striking “or” at the end could not be executed because of the intervening amendment by Pub. L. 100–690, § 7108(b)(3), (4). See below.

Pub. L. 100–690, § 7108(b)(3), (4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “treat a violation of a condition of a term of supervised release as contempt of court pursuant to section 401(3) of this title; or”.

Subsec. (e)(4). Pub. L. 100–690, § 7305(b)(2)(B), which directed amendment of par. (4) by striking the period at the end and inserting “; or” could not be executed because subsec. (e) did not contain a par. (4) after the intervening amendment by Pub. L. 100–690, § 7108(b)(4). See below.

Pub. L. 100–690, § 7108(b)(4), redesignated par. (4) as (3).

Subsec. (e)(5). Pub. L. 100–690, § 7305(b)(2)(C), added par. (5).

Subsec. (g). Pub. L. 100–690, § 7303(b)(2), added subsec. (g).

1987—Subsec. (b)(1). Pub. L. 100–182, § 8(1), substituted “five years” for “three years”.

Subsec. (b)(2). Pub. L. 100–182, § 8(2), substituted “three years” for “two years”.

Subsec. (b)(3). Pub. L. 100–182, § 8(3), inserted “(other than a petty offense)” after “misdemeanor”.

Subsec. (c). Pub. L. 100–182, § 9, inserted “(a)(2)(C),”.

Subsec. (e)(1). Pub. L. 100–182, § 12(1), inserted “pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation,”.

Subsec. (e)(2). Pub. L. 100–182, § 12(2), struck out “after a hearing,” before “extend a term” and inserted “the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and” after “pursuant to”.

Subsec. (e)(4). Pub. L. 100–182, § 25, inserted “, except that a person whose term is revoked under this paragraph may not be required to serve more than 3 years in prison if the offense for which the person was convicted was a Class B felony, or more than 2 years in prison if the offense was a Class C or D felony” before “Commission” at end.

1986—Subsec. (a). Pub. L. 99–570, § 1006(a)(1), inserted “, 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”.

Subsec. (b). Pub. L. 99–570, § 1006(a)(2), substituted “Except as otherwise provided, the” for “The”.

Subsec. (e). Pub. L. 99–570, § 1006(a)(3)(A), and Pub. L. 99–646, § 14(a)(1), amended section catchline identically, substituting “conditions or revocation” for “term or conditions”.

Subsec. (e)(1). Pub. L. 99–646, § 14(a)(2), struck out “previously ordered” before “and discharge”.

Subsec. (e)(4). Pub. L. 99–570, § 224(a)(3)(B)–(D), added par. (4).

Amendment by Pub. L. 105–119 effective 1 year after Nov. 26, 1997, see section 115(c)(1) of Pub. L. 105–119, set out as a note under section 3521 of this title.

Amendment by section 7303(b) of Pub. L. 100–690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100–690, set out as a note under section 3563 of this title.

Amendment by Pub. L. 100–182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100–182, set out as a note under section 3006A of this title.

Pub. L. 99–646, § 14(b), Nov. 10, 1986, 100 Stat. 3594, provided that:

Pub. L. 99–570, title I, § 1006(a)(4), Oct. 27, 1986, 100 Stat. 3207–7, provided that:

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.