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

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

For a probation violation, the court may continue, change, extend, or revoke probation after a hearing. Certain controlled-substance, firearm, and drug-testing violations require revocation and imprisonment, and a timely warrant or summons preserves revocation power after probation ends.

(a) Continuation or revocation. Before probation expires or ends, if the defendant violates a condition, the court may, after a Rule 32.1 hearing and considering applicable section 3553(a) factors, (1) continue probation, with or without extending it or changing its conditions, or (2) revoke probation and resentence under subchapter A. (b) Mandatory revocation. If the defendant (1) possesses a controlled substance in violation of section 3563(a)(3); (2) unlawfully possesses a firearm, as defined in section 921, or violates a probation condition barring firearm possession; (3) refuses required drug testing, violating section 3563(a)(4); or (4) tests positive for illegal controlled substances more than three times in one year as part of testing, the court must revoke probation and resentence under subchapter A to a sentence including imprisonment. (c) Delayed revocation. The court's power to revoke and impose another sentence continues after probation ends for the time reasonably needed to decide matters arising before expiration, if a warrant or summons based on the alleged violation was issued before expiration.

the actual law source: uscode.house.gov ↗public domain
(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

(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-473 · 98 Stat. 1995
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4361, 4464
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4930
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2017
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1793

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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