2006 Federal Sentencing Guidelines
Chapter 7 - PART B - PROBATION AND SUPERVISED RELEASE VIOLATIONS
§7B1.3. Revocation of Probation
or Supervised Release (Policy Statement)
(a) (1) Upon a finding of a Grade A or B violation, the court shall revoke
probation or supervised release.
(2) Upon a finding of a Grade C violation, the court may (A) revoke probation
or supervised release; or (B) extend the term of probation or supervised
release and/or modify the conditions of supervision.
(b) In the case of a revocation of probation or supervised release, the applicable
range of imprisonment is that set forth in §7B1.4 (Term of Imprisonment).
(c) In the case of a Grade B or C violation --
(1) Where the minimum term of imprisonment determined under
§7B1.4 (Term of Imprisonment) is at least one month but not more than
six months, the minimum term may be satisfied by (A) a sentence of imprisonment;
or (B) a sentence of imprisonment that includes a term of supervised release
with a condition that substitutes community confinement or home detention
according to the schedule in §5C1.1(e) for any portion of the minimum
term; and
(2) Where the minimum term of imprisonment determined under
§7B1.4 (Term of Imprisonment) is more than six months but not more than
ten months, the minimum term may be satisfied by (A) a sentence of imprisonment;
or (B) a sentence of imprisonment that includes a term of supervised release
with a condition that substitutes community confinement or home detention
according to the schedule in §5C1.1(e), provided that at least one-half
of the minimum term is satisfied by imprisonment.
(3) In the case of a revocation based, at least in part, on a violation
of a condition specifically pertaining to community confinement, intermittent
confinement, or home detention, use of the same or a less restrictive sanction
is not recommended.
(d) Any restitution, fine, community confinement, home detention, or intermittent
confinement previously imposed in connection with the sentence for which revocation
is ordered that remains unpaid or unserved at the time of revocation shall
be ordered to be paid or served in addition to the sanction determined under §7B1.4
(Term of Imprisonment), and any such unserved period of community confinement,
home detention, or intermittent confinement may be converted to an equivalent
period of imprisonment.
(e) Where the court revokes probation or supervised release and imposes a
term of imprisonment, it shall increase the term of imprisonment determined
under subsections (b), (c), and (d) above by the amount of time in official
detention that will be credited toward service of the term of imprisonment
under 18 U.S.C.
§ 3585(b), other than time in official detention resulting from the
federal probation or supervised release violation warrant or proceeding.
(f) Any term of imprisonment imposed upon the revocation of probation or supervised
release shall be ordered to be served consecutively to any sentence of imprisonment
that the defendant is serving, whether or not the sentence of imprisonment
being served resulted from the conduct that is the basis of the revocation
of probation or supervised release.
(g) (1) If probation is revoked and a term of imprisonment is imposed, the
provisions of §§5D1.1-1.3 shall apply to the imposition of a term
of supervised release.
(2) If supervised release is revoked, the court may include a requirement
that the defendant be placed on a term of supervised release upon release
from 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. 18 U.S.C. § 3583(h).
Commentary
Application Notes:
1. Revocation of probation or supervised release generally is the appropriate
disposition in the case of a Grade C violation by a defendant who, having been
continued on supervision after a finding of violation, again violates the conditions
of his supervision.
2. The provisions for the revocation, as well as early termination and extension,
of a term of supervised release are found in 18 U.S.C. § 3583(e), (g)-(i).
Under 18 U.S.C. § 3583(h) (effective September 13, 1994), the court, in
the case of revocation of supervised release, may order an additional period
of supervised release to follow imprisonment.
3. Subsection (e) is designed to ensure that the revocation penalty is not
decreased by credit for time in official detention other than time in official
detention resulting from the federal probation or supervised release violation
warrant or proceeding. Example:
A defendant, who was in pre-trial detention for three months, is placed on
probation, and subsequently violates that probation. The court finds the violation
to be a Grade C violation, determines that the applicable range of imprisonment
is 4-10 months, and determines that revocation of probation and imposition
of a term of imprisonment of four months is appropriate. Under subsection (e),
a sentence of seven months imprisonment would be required because the Bureau
of Prisons, under 18 U.S.C. § 3585(b), will allow the defendant three
months’
credit toward the term of imprisonment imposed upon revocation.
4. Subsection (f) provides that any term of imprisonment imposed upon the
revocation of probation or supervised release shall run consecutively to any
sentence of imprisonment being served by the defendant. Similarly, it is the
Commission’s recommendation that any sentence of imprisonment for a criminal
offense that is imposed after revocation of probation or supervised release
be run consecutively to any term of imprisonment imposed upon revocation.
5. Intermittent confinement is authorized only as a condition of probation
during the first year of the term of probation. 18 U.S.C. § 3563(b)(10).*
*Note: Section 3583(d) of title 18, United States Code, provides that "[t]he
court may order, as a further condition of supervised release...any condition
set forth as a discretionary condition of probation in section 3563(b)(1) through
(b)(10) and (b)(12) through (b)(20), and any other condition it considers to
be appropriate." Subsection (b)(11) of section 3563 of title 18, United States
Code, is explicitly excluded as a condition of supervised release. Before the
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, the
condition at 18 U.S.C. § 3563(b)(11) was intermittent confinement. The
Act deleted 18 U.S.C. § 3563(b)(2), authorizing the payment of a fine
as a condition of probation, and redesignated the remaining conditions of probation
set forth in 18 U.S.C. § 3563(b); intermittent confinement is now set
forth at subsection (b)(10), whereas subsection (b)(11) sets forth the condition
of residency at a community corrections facility. It would appear that intermittent
confinement now is authorized as a condition of supervised release and that
community confinement now is not authorized as a condition of supervised release.
However, there is some question as to whether Congress intended this result.
Although the Antiterrorism and Effective Death Penalty Act of 1996 redesignated
the remaining paragraphs of section 3563(b), it failed to make the corresponding
redesignations in 18 U.S.C. § 3583(d), regarding discretionary conditions
of supervised release.
Historical Note: Effective
November 1, 1990 (see Appendix
C, amendment 362). Amended effective November 1, 1991 (see Appendix
C, amendment 427); November 1, 1995 (see Appendix
C, amendment 533); November 1, 2002 (see Appendix
C, amendment 646); November 1, 2004 (see Appendix
C, amendment 664).