18 U.S.C. § 3583 – Inclusion of a Term of Supervised Release After Imprisonment
This statute governs when supervised release is imposed, how long it may last, and how courts modify or revoke it.
Section 3583 authorizes federal courts to impose a term of supervised release following imprisonment and establishes the rules that control its duration, conditions, modification, and revocation.
Imposition of supervised release.
A court may include supervised release as part of a sentence for a felony or misdemeanor and must do so when required by statute or in certain domestic violence cases. The statute defines supervised release as a post-incarceration monitoring period distinct from probation.
Authorized terms.
Unless a statute provides otherwise, supervised release is limited to:
- Up to 5 years for Class A or B felonies
- Up to 3 years for Class C or D felonies
- Up to 1 year for Class E felonies or misdemeanors
For certain serious offenses, including terrorism and sex offenses, supervised release may be imposed for any term of years or life.
Conditions of supervised release.
Section 3583 requires the court to impose mandatory conditions, including:
- Not committing another crime
- Refraining from unlawful controlled substance use
- Submitting to drug testing
- Paying restitution where ordered
The court may also impose discretionary conditions drawn from the probation statute, provided they are reasonably related to sentencing goals and do not impose greater restrictions than necessary.
Modification and revocation.
The statute authorizes the court to:
- Terminate supervised release early
- Modify, reduce, or expand conditions
- Revoke supervised release and impose imprisonment
Revocation requires proof of a violation by a preponderance of the evidence and is subject to statutory limits based on the class of the original offense.
Mandatory revocation.
Certain violations, including possession of a controlled substance, possession of a firearm, refusal to comply with drug testing, or repeated positive drug tests, require revocation and imprisonment.
Supervised release after revocation.
If supervised release is revoked and imprisonment is imposed, the court may impose an additional term of supervised release following incarceration, subject to statutory limits.
Delayed revocation authority.
The court retains authority to revoke supervised release after its scheduled expiration if a warrant or summons was issued before the term ended.
If you are facing alleged violations of supervised release or changes to post-release conditions, contact our federal criminal defense attorneys to discuss how § 3583 applies to your case.
