§3565 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Gives a judge the power to hold a hearing under Rule 32.1 and, after considering the factors in section 3553(a) when they apply, either keep someone on probation (and change or extend the rules) or cancel probation and give a new sentence under subchapter A. Having illegal drugs, possessing a firearm when banned by law or probation, refusing drug tests, or testing positive for illegal drugs more than 3 times in 1 year can lead to revocation. If a warrant or summons was issued before the probation ended, the court can still revoke and resentence the person after the term ends for as long as needed to finish the matter.

Title 18, §3565

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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); 11 See References in Text note below. or

(4)as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;

(c)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title. section 3563(a)(4), referred to in subsec. (b)(3), probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, § 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

Prior Provisions

For a prior section 3565, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

2002—Subsec. (b)(4). Pub. L. 107–273 added par. (4). 1994—Subsec. (a). Pub. L. 103–322, § 110506(a)(2), struck out concluding sentence which read as follows: “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.” Subsec. (a)(2). Pub. L. 103–322, § 110506(a)(1), substituted “resentence the defendant under subchapter A” for “impose any other sentence that was available under subchapter A at the time of the initial sentencing”. Subsec. (b). Pub. L. 103–322, § 110506(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(b) Mandatory Revocation for Possession of a Firearm.—If the defendant is in actual possession of a firearm, as that term is defined in section 921 of this title, at any time prior to the expiration or termination of the term of probation, the court shall, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing.” 1990—Subsec. (a)(1). Pub. L. 101–647 substituted “or modifying” for “of modifying”. 1988—Subsec. (a). Pub. L. 100–690, § 7303(a)(2), inserted at end “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.” Subsecs. (b), (c). Pub. L. 100–690, § 6214, added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by section 7303(a)(2) of Pub. L. 100–690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100–690, set out as a note under section 3563 of this title.

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

§3565 Revocation of probation

Summary

Title 18, §3565

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata