US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3565]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                         SUBCHAPTER B--PROBATION
 
Sec. 3565. Revocation of probation

    (a) Continuation or Revocation.--If the defendant violates a 
condition of probation at any time prior to the expiration or 
termination of the term of probation, the court may, after a hearing 
pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, and 
after considering the factors set forth in section 3553(a) to the extent 
that they are applicable--
        (1) continue him on probation, with or without extending the 
    term or modifying or enlarging the conditions; or
        (2) revoke the sentence of probation and resentence the 
    defendant under subchapter A.

    (b) Mandatory Revocation for Possession of Controlled Substance or 
Firearm or Refusal To Comply With Drug Testing.--If the defendant--
        (1) possesses a controlled substance in violation of the 
    condition set forth in section 3563(a)(3);
        (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 probation prohibiting the defendant from possessing a 
    firearm;
        (3) refuses to comply with drug testing, thereby violating the 
    condition imposed by section 3563(a)(4);\1\ or
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    \1\ See References in Text note below.
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        (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 sentence of probation and resentence the 
defendant under subchapter A to a sentence that includes a term of 
imprisonment.
    (c) Delayed Revocation.--The power of the court to revoke a sentence 
of probation for violation of a condition of probation, and to impose 
another sentence, extends beyond the expiration of the term of probation 
for any period reasonably necessary for the adjudication of matters 
arising before its expiration if, prior to its expiration, a warrant or 
summons has been issued on the basis of an allegation of such a 
violation.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1995; amended Pub. L. 100-690, title VI, Sec. 6214, title VII, 
Sec. 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101-647, 
title XXXV, Sec. 3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103-322, 
title XI, Sec. 110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107-273, 
div. B, title II, Sec. 2103(a), Nov. 2, 2002, 116 Stat. 1793.)

                       References in Text

    The Federal Rules of Criminal Procedure, referred to in subsec. (a), 
are set out in the Appendix to this title.
    Section 3563(a)(4), referred to in subsec. (b)(3), 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, 
Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.


                            Prior Provisions

    For a prior section 3565, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3551 of this title.


                               Amendments

    2002--Subsec. (b)(4). Pub. L. 107-273 added par. (4).
    1994--Subsec. (a). Pub. L. 103-322, Sec. 110506(a)(2), struck out 
concluding sentence which read as follows: ``Notwithstanding any other 
provision of this section, if a defendant is found by the court to be in 
possession of a controlled substance, thereby violating the condition 
imposed by section 3563(a)(3), the court shall revoke the sentence of 
probation and sentence the defendant to not less than one-third of the 
original sentence.''
    Subsec. (a)(2). Pub. L. 103-322, Sec. 110506(a)(1), substituted 
``resentence the defendant under subchapter A'' for ``impose any other 
sentence that was available under subchapter A at the time of the 
initial sentencing''.
    Subsec. (b). Pub. L. 103-322, Sec. 110506(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows:
    ``(b) Mandatory Revocation for Possession of a Firearm.--If the 
defendant is in actual possession of a firearm, as that term is defined 
in section 921 of this title, at any time prior to the expiration or 
termination of the term of probation, the court shall, after a hearing 
pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke 
the sentence of probation and impose any other sentence that was 
available under subchapter A at the time of the initial sentencing.''
    1990--Subsec. (a)(1). Pub. L. 101-647 substituted ``or modifying'' 
for ``of modifying''.
    1988--Subsec. (a). Pub. L. 100-690, Sec. 7303(a)(2), inserted at end 
``Notwithstanding any other provision of this section, if a defendant is 
found by the court to be in possession of a controlled substance, 
thereby violating the condition imposed by section 3563(a)(3), the court 
shall revoke the sentence of probation and sentence the defendant to not 
less than one-third of the original sentence.''
    Subsecs. (b), (c). Pub. L. 100-690, Sec. 6214, added subsec. (b) and 
redesignated former subsec. (b) as (c).


                    Effective Date of 1988 Amendment

    Amendment by section 7303(a)(2) 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.


                             Effective Date

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3562, 3563, 3607, 3613A, 
3664, 4104, 5037 of this title; title 28 section 994.