18 U.S.C. § 3564 — Running of a term of probation
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 295 words · no verdicts yet
Probation normally begins when imposed, runs concurrently with other listed supervision terms, and pauses during sufficiently long imprisonment. The court may end or extend it under specified conditions, but it remains conditional until it ends.
(a) Commencement. Probation begins on the day imposed unless the court orders otherwise. (b) Concurrence. Multiple probation terms run together. A probation term also runs with any Federal, State, or local probation, supervised release, or parole term for another offense to which the defendant is subject or becomes subject during probation. It does not run while the defendant is imprisoned for a Federal, State, or local conviction, unless imprisonment lasts less than 30 consecutive days. (c) Early termination. After considering applicable section 3553(a) factors and following Federal Rules procedures, the court may end probation and discharge the defendant at any time for a misdemeanor or infraction, or after one year of felony probation, if the defendant's conduct and justice warrant it. (d) Extension. After a hearing, the court may extend probation before it expires or ends if less than the maximum term was imposed, following the rules for initially setting it. (e) Revocation. Probation remains conditional and subject to revocation until it expires or ends.
A term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court.
Multiple terms of probation, whether imposed at the same time or at different times, run concurrently with each other. A term of probation runs concurrently with any Federal, State, or local term of probation, supervised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation. A term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days.
The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction 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.
The court may, after a hearing, extend a term of probation, if less than the maximum authorized term was previously imposed, at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation.
A sentence of probation remains conditional and subject to revocation until its expiration or termination.
Source credit: (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.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 1994
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3594
- 1987Amended · Pub. L. 100-182 · 101 Stat. 1268
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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