AMENDMENT 529

Amendment: The Commentary to §5D1.1 captioned "Application Notes" is amended by deleting Note 1 as follows:

"Subsection 5D1.1(a) requires imposition of supervised release following any sentence of imprisonment for a term of more than one year or if required by a specific statute. While there may be cases within this category that do not require post release supervision, these cases are the exception and may be handled by a departure from this guideline.",

and inserting in lieu thereof:

"Under subsection (a), the court is required to impose a term of supervised release to follow imprisonment if a sentence of imprisonment of more than one year is imposed or if a term of supervised release is required by a specific statute. The court may depart from this guideline and not impose a term of supervised release if it determines that supervised release is neither required by statute nor required for any of the following reasons: (1) to protect the public welfare; (2) to enforce a financial condition; (3) to provide drug or alcohol treatment or testing; (4) to assist the reintegration of the defendant into the community; or (5) to accomplish any other sentencing purpose authorized by statute.".

The Commentary to §5D1.1 captioned "Application Notes" is amended by deleting Note 2 as follows:

"2. Under §5D1.1(b), the court may impose a term of supervised release in cases involving imprisonment for a term of one year or less. The court may consider the need for a term of supervised release to facilitate the reintegration of the defendant into the community; to enforce a fine, restitution order, or other condition; or to fulfill any other purpose authorized by statute.",

and inserting in lieu thereof:

"2. Under subsection (b), the court may impose a term of supervised release to follow a term of imprisonment of one year or less for any of the reasons set forth in Application Note 1.".

Section 5D1.2 is amended by deleting:

"(a) If a defendant is convicted under a statute that requires a term of supervised release, the term shall be at least three years but not more than five years, or the minimum period required by statute, whichever is greater.",

and by redesignating subsection (b) as subsection (a).

Section 5D1.2(a) (formerly §5D1.2(b)) is amended by deleting "Otherwise, when" and inserting in lieu thereof "If".

Section 5D1.2 is amended by inserting the following additional subsection:

"(b) Provided, that the term of supervised release imposed shall in no event be less than any statutorily required term of supervised release.".

The Commentary to §5D1.2 captioned "Background" is amended in the second sentence by deleting "(a)" and inserting in lieu thereof "(b)"; and by deleting the third sentence as follows:

"Subsection (b) applies to all other statutes.".

Reason for Amendment: This amendment sets forth with greater specificity the circumstances under which the court may depart from the requirements of §5D1.1 (Imposition of a Term of Supervised Release) and impose no term of supervised release. In addition, the amendment deletes, as unnecessary, the requirement in §5D1.2 (Term of Supervised Release) of a term of supervised release of three to five years whenever a statute requires any term of supervised release. Instead, the amendment provides that, in the case of a statute requiring a term of supervised release, the length of the term of supervised release shall be determined by the class of felony of which the defendant was convicted, but shall not be less than any minimum term of supervised release required by statute.

Effective Date: The effective date of this amendment is November 1, 1995.