CHAPTER FIVE - DETERMINING THE SENTENCE


PART D - SUPERVISED RELEASE


§5D1.1.     Imposition of a Term of Supervised Release

(a)       The court shall order a term of supervised release to follow imprisonment—

(1)       when required by statute (see 18 U.S.C. § 3583(a)); or

(2)       except as provided in subsection (c), when a sentence of imprisonment of more than one year is imposed.

(b)      The court may order a term of supervised release to follow imprisonment in any other case.  See 18 U.S.C. § 3583(a).

(c)       The court ordinarily should not impose a term of supervised release in a case in which supervised release is not required by statute and the defendant is a deportable alien who likely will be deported after imprisonment.


Commentary

Application Notes:

1.      Application of Subsection (a).—Under subsection (a), the court is required to impose a term of supervised release to follow imprisonment when supervised release is required by statute or, except as provided in subsection (c), when a sentence of imprisonment of more than one year is imposed.  The court may depart from this guideline and not impose a term of supervised release if supervised release is not required by statute and the court determines, after considering the factors set forth in Note 3, that supervised release is not necessary.

2.      Application of Subsection (b).—Under subsection (b), the court may impose a term of supervised release to follow a term of imprisonment in any other case, after considering the factors set forth in Note 3.

3.      Factors to Be Considered.—

(A)     Statutory Factors.—In determining whether to impose a term of supervised release, the court is required by statute to consider, among other factors:

(i)       the nature and circumstances of the offense and the history and characteristics of the defendant;

(ii)      the need to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant, and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;

(iii)     the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and

(iv)      the need to provide restitution to any victims of the offense.

See 18 U.S.C. § 3583(c).

(B)     Criminal History.—The court should give particular consideration to the defendant's criminal history (which is one aspect of the "history and characteristics of the defendant" in subparagraph (A)(i), above).  In general, the more serious the defendant's criminal history, the greater the need for supervised release.

(C)    Substance Abuse.—In a case in which a defendant sentenced to imprisonment is an abuser of controlled substances or alcohol, it is highly recommended that a term of supervised release also be imposed.  See §5H1.4 (Physical Condition, Including Drug or Alcohol Dependence or Abuse; Gambling Addiction).

4.      Community Confinement or Home Detention Following Imprisonment.—A term of supervised release must be imposed if the court wishes to impose a "split sentence" under which the defendant serves a term of imprisonment followed by a period of community confinement or home detention pursuant to subsection (c)(2) or (d)(2) of §5C1.1 (Imposition of a Term of Imprisonment).  In such a case, the period of community confinement or home detention is imposed as a condition of supervised release.

5.      Application of Subsection (c).—In a case in which the defendant is a deportable alien specified in subsection (c) and supervised release is not required by statute, the court ordinarily should not impose a term of supervised release.  Unless such a defendant legally returns to the United States, supervised release is unnecessary.  If such a defendant illegally returns to the United States, the need to afford adequate deterrence and protect the public ordinarily is adequately served by a new prosecution.  The court should, however, consider imposing a term of supervised release on such a defendant if the court determines it would provide an added measure of deterrence and protection based on the facts and circumstances of a particular case.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1989 (see Appendix C, amendment 302); November 1, 1995 (see Appendix C, amendment 529); November 1, 2010 (see Appendix C, amendment 747); November 1, 2011 (see Appendix C, amendment 756).