18 U.S.C. § 3565 — Revocation of probation

Page 811 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3565 1 See References in Text note below. crime unless the imprisonment is for a period of less than thirty consecutive days. (c) EARLY TERMINATION.—The court, after con- sidering the factors set forth in section 3553(a) to the extent that they are applicable, may, pur- suant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation pre- viously ordered and discharge the defendant at any time in the case of a misdemeanor or an in- fraction or at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. (d) EXTENSION.—The court may, after a hear- ing, extend a term of probation, if less than the maximum authorized term was previously im- posed, at any time prior to the expiration or ter- mination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation. (e) SUBJECT TO REVOCATION.—A sentence of probation remains conditional and subject to revocation until its expiration or termination. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1994; amended Pub. L. 99–646, § 13(a), Nov. 10, 1986, 100 Stat. 3594; Pub. L. 100–182, § 11, Dec. 7, 1987, 101 Stat. 1268.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title. PRIOR PROVISIONS For a prior section 3564, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 1987—Subsec. (c). Pub. L. 100–182 inserted ‘‘, pursuant to the provisions of the Federal Rules of Criminal Pro- cedure relating to the modification of probation,’’ after ‘‘may’’. 1986—Subsec. (b). Pub. L. 99–646 substituted provision that the term of probation does not run while the de- fendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprison- ment is for a period of less than thirty consecutive days, for provision that the term of probation does not run during any period in which the defendant is impris- oned for a period of at least thirty consecutive days in connection with a conviction for a Federal, State, or local crime. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–182 applicable with re- spect to offenses committed after Dec. 7, 1987, see sec- tion 26 of Pub. L. 100–182, set out as a note under sec- tion 3006A of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 13(b), Nov. 10, 1986, 100 Stat. 3594, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the taking effect of such section 3564 [Nov. 1, 1987].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3565. Revocation of probation (a) CONTINUATION OR REVOCATION.—If the de- fendant 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 consid- ering the factors set forth in section 3553(a) to the extent that they are applicable— (1) continue him on probation, with or with- out extending the term or modifying or en- larging the conditions; or (2) revoke the sentence of probation and re- sentence the defendant under subchapter A. (b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO COMPLY WITH DRUG TESTING.—If the defend- ant— (1) possesses a controlled substance in viola- tion of the condition set forth in section 3563(a)(3); (2) possesses a firearm, as such term is de- fined 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 (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 impris- onment. (c) DELAYED REVOCATION.—The power of the court to revoke a sentence of probation for vio- lation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reason- ably necessary for the adjudication of matters arising before its expiration if, prior to its expi- ration, a warrant or summons has been issued on the basis of an allegation of such a violation. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–690, title VI, § 6214, title VII, § 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101–647, title XXXV, § 3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103–322, title XI, § 110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107–273, div. B, title II, § 2103(a), Nov. 2, 2002, 116 Stat. 1793.) Editorial Notes 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), prob- ably means the par. (4) of section 3563(a) added by sec- tion 20414(b)(3) of Pub. L. 103–322, which was renum- bered par. (5) by Pub. L. 104–132, title II, § 203(1)(C), Apr. 24, 1996, 110 Stat. 1227. Page 812 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3566 1 So in original. Probably should not appear. PRIOR PROVISIONS For a prior section 3565, applicable to offenses com- mitted 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, § 110506(a)(2), struck out concluding sentence which read as follows: ‘‘Not- withstanding 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, § 110506(a)(1), sub- stituted ‘‘resentence the defendant under subchapter A’’ for ‘‘impose any other sentence that was available under subchapter A at the time of the initial sen- tencing’’. Subsec. (b). Pub. L. 103–322, § 110506(b), amended sub- sec. (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 termi- nation 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 sen- tencing.’’ 1990—Subsec. (a)(1). Pub. L. 101–647 substituted ‘‘or modifying’’ for ‘‘of modifying’’. 1988—Subsec. (a). Pub. L. 100–690, § 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 sen- tence.’’ Subsecs. (b), (c). Pub. L. 100–690, § 6214, added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 7303(a)(2) of Pub. L. 100–690 ap- plicable with respect to persons whose probation, su- pervised 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 sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3566. Implementation of a sentence of proba- tion The implementation of a sentence of probation is governed by the provisions of subchapter A of chapter 229. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995.) Editorial Notes PRIOR PROVISIONS For prior sections 3566 to 3570, applicable to offenses committed prior to Nov. 1, 1987, see note set out pre- ceding section 3551 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. SUBCHAPTER C—FINES SUBCHAPTER C—FINES 1 Sec. 3571. Sentence of fine. 3572. Imposition of a sentence of fine and related matters. 3573. Petition of the Government for modification or remission. 3574. Implementation of a sentence of fine. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 2143, transferred analysis for this sub- chapter to follow heading for this subchapter. 1990—Pub. L. 101–647, title XXXV, § 3586(1), Nov. 29, 1990, 104 Stat. 4930, as amended, effective as of the date on which section 3586(1) of Pub. L. 101–647 took effect, by Pub. L. 103–322, title XXXIII, § 330011(n), Sept. 13, 1994, 108 Stat. 2145, substituted ‘‘sentence of fine and re- lated matters’’ for ‘‘sentence of fine’’ in item 3572. Pub. L. 101–647, title XXXV, § 3586(2), Nov. 29, 1990, 104 Stat. 4930, substituted ‘‘remission’’ for ‘‘revision’’ in item 3573. 1987—Pub. L. 100–185, § 8(b), Dec. 11, 1987, 101 Stat. 1282, substituted ‘‘Petition of the Government for modi- fication or revision’’ for ‘‘Modification or remission of fine’’ in item 3573. § 3571. Sentence of fine (a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine. (b) FINES FOR INDIVIDUALS.—Except as pro- vided in subsection (e) of this section, an indi- vidual who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $250,000; (4) for a misdemeanor resulting in death, not more than $250,000; (5) for a Class A misdemeanor that does not result in death, not more than $100,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or (7) for an infraction, not more than $5,000. (c) FINES FOR ORGANIZATIONS.—Except as pro- vided in subsection (e) of this section, an organi- zation that has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $500,000; (4) for a misdemeanor resulting in death, not more than $500,000; (5) for a Class A misdemeanor that does not result in death, not more than $200,000;