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: 18USC3583]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                       SUBCHAPTER D--IMPRISONMENT
 
Sec. 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\ See References in Text note below.
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        (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 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 that is less than the maximum term of imprisonment 
authorized under subsection (e)(3), 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.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1999; amended Pub. L. 99-570, title I, Sec. 1006(a)(1)-(3), Oct. 27, 
1986, 100 Stat. 3207-6; Pub. L. 99-646, Sec. 14(a), Nov. 10, 1986, 100 
Stat. 3594; Pub. L. 100-182, Secs. 8, 9, 12, 25, Dec. 7, 1987, 101 Stat. 
1267, 1268, 1272; Pub. L. 100-690, title VII, Secs. 7108, 7303(b), 
7305(b), Nov. 18, 1988, 102 Stat. 4418, 4464, 4465; Pub. L. 101-647, 
title XXXV, Sec. 3589, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103-322, 
title II, Sec. 20414(c), title XI, Sec. 110505, title XXXII, 
Sec. 320921(c), Sept. 13, 1994, 108 Stat. 1831, 2016, 2130; Pub. L. 105-
119, title I, Sec. 115(a)(8)(B)(iv), Nov. 26, 1997, 111 Stat. 2466; Pub. 
L. 106-546, Sec. 7(b), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 107-56, 
title VIII, Sec. 812, Oct. 26, 2001, 115 Stat. 382; Pub. L. 107-273, 
div. B, title II, Sec. 2103(b), title III, Sec. 3007, Nov. 2, 2002, 116 
Stat. 1793, 1806.)

                       References in Text

    Section 170101(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994, referred to in subsec. (d), is classified to 
section 14071(a)(3) of Title 42, The Public Health and Welfare.
    Section 3 of the DNA Analysis Backlog Elimination Act of 2000, 
referred to in subsec. (d), is classified to section 14135a of Title 42, 
The Public Health and Welfare.
    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, 
Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.
    Section 3563(b), referred to in subsec. (d), was amended by Pub. L. 
104-132, title II, Sec. 203(2)(A), (B), Apr. 24, 1996, 110 Stat. 1227, 
which struck out par. (2) and redesignated former pars. (3) to (20) as 
(2) to (19), respectively.
    The Federal Rules of Criminal Procedure, referred to in subsec. 
(e)(1), (2), (3), are set out in the Appendix to this title.


                               Amendments

    2002--Subsecs. (c), (e). Pub. L. 107-273, Sec. 3007, substituted 
``(a)(6), and (a)(7)'' for ``and (a)(6)''.
    Subsec. (g)(4). Pub. L. 107-273, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 110505(1), substituted ``unlawfully possess a 
controlled substance'' for ``possess illegal controlled substances'' in 
first sentence.
    Subsec. (e)(1). Pub. L. 103-322, Sec. 110505(2)(A), substituted 
``defendant'' for ``person'' in two places.
    Subsec. (e)(3). Pub. L. 103-322, Sec. 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, Sec. 110505(2)(A), substituted 
``defendant'' for ``person''.
    Subsecs. (g) to (i). Pub. L. 103-322, Sec. 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, Sec. 3589(1), inserted a 
comma after ``3553(a)(2)(B)''.
    Subsec. (e)(2) to (5). Pub. L. 101-647, Sec. 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, Sec. 7303(b)(1), inserted ``and 
that the defendant not possess illegal controlled substances'' before 
period at end of first sentence.
    Pub. L. 100-690, Sec. 7305(b)(1), substituted ``(b)(20)'' for 
``(b)(19)'' in concluding provisions.
    Subsec. (d)(1). Pub. L. 100-690, Sec. 7108(a)(1), inserted 
``(a)(2)(C),'' after ``(a)(2)(B),''.
    Subsec. (d)(2). Pub. L. 100-690, Sec. 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, Sec. 7108(b)(1), inserted 
``(a)(2)(C),'' after ``(a)(2)(B),'' in introductory provisions.
    Subsec. (e)(2). Pub. L. 100-690, Sec. 7108(b)(2), inserted ``or'' 
after ``supervision;''.
    Subsec. (e)(3). Pub. L. 100-690, Sec. 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, 
Sec. 7108(b)(3), (4). See below.
    Pub. L. 100-690, Sec. 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, Sec. 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, 
Sec. 7108(b)(4). See below.
    Pub. L. 100-690, Sec. 7108(b)(4), redesignated par. (4) as (3).
    Subsec. (e)(5). Pub. L. 100-690, Sec. 7305(b)(2)(C), added par. (5).
    Subsec. (g). Pub. L. 100-690, Sec. 7303(b)(2), added subsec. (g).
    1987--Subsec. (b)(1). Pub. L. 100-182, Sec. 8(1), substituted ``five 
years'' for ``three years''.
    Subsec. (b)(2). Pub. L. 100-182, Sec. 8(2), substituted ``three 
years'' for ``two years''.
    Subsec. (b)(3). Pub. L. 100-182, Sec. 8(3), inserted ``(other than a 
petty offense)'' after ``misdemeanor''.
    Subsec. (c). Pub. L. 100-182, Sec. 9, inserted ``(a)(2)(C),''.
    Subsec. (e)(1). Pub. L. 100-182, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1006(a)(2), substituted ``Except 
as otherwise provided, the'' for ``The''.
    Subsec. (e). Pub. L. 99-570, Sec. 1006(a)(3)(A), and Pub. L. 99-646, 
Sec. 14(a)(1), amended section catchline identically, substituting 
``conditions or revocation'' for ``term or conditions''.
    Subsec. (e)(1). Pub. L. 99-646, Sec. 14(a)(2), struck out 
``previously ordered'' before ``and discharge''.
    Subsec. (e)(4). Pub. L. 99-570, Sec. 224(a)(3)(B)-(D), added par. 
(4).


                    Effective Date of 1997 Amendment

    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 14071 of Title 42, The Public Health and Welfare.


                    Effective Date of 1988 Amendment

    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.


                    Effective Date of 1987 Amendment

    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.


                    Effective Date of 1986 Amendments

    Section 14(b) of Pub. L. 99-646 provided that: ``The amendments made 
by this section [amending this section] shall take effect on the date of 
the taking effect of section 3583 of title 18, United States Code [Nov. 
1, 1987].''
    Section 1006(a)(4) of Pub. L. 99-570 provided that: ``The amendments 
made by this subsection [amending this section] shall take effect on the 
date of the taking effect of section 3583 of title 18, United States 
Code [Nov. 1, 1987].''


                             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 3401, 3601, 4101 of this 
title; title 21 sections 841, 960; title 28 section 994.