§3561 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A judge can put a person on probation after a guilty finding unless the crime is a Class A or B felony for an individual, the law says probation is not allowed for that crime, or the person is being sent to prison at the same time for another offense that is not a petty offense. A first-time offender of a domestic violence crime must get probation if they are not sent to prison. A domestic violence crime means a violent crime where the victim is a spouse, former spouse, intimate partner or former intimate partner, a child or former child, or another relative. Probation time limits are: for a felony, 1 to 5 years; for a misdemeanor, up to 5 years; for an infraction, up to 1 year.

Title 18, §3561

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A defendant who has been found guilty of an offense may be sentenced to a term of probation unless—

(1)the offense is a Class A or Class B felony and the defendant is an individual;

(2)the offense is an offense for which probation has been expressly precluded; or

(3)the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense.

(b)A defendant who has been convicted for the first time of a domestic violence crime shall be sentenced to a term of probation if not sentenced to a term of imprisonment. The term “domestic violence crime” means a crime of violence for which the defendant may be prosecuted in a court of the United States in which the victim or intended victim is the spouse, former spouse, intimate partner, former intimate partner, child, or former child of the defendant, or any other relative of the defendant.

(c)The authorized terms of probation are—

(1)for a felony, not less than one nor more than five years;

(2)for a misdemeanor, not more than five years; and

(3)for an infraction, not more than one year.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For a prior section 3561, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1996—Subsec. (b). Pub. L. 104–294 struck out “or any relative defendant, child, or former child of the defendant,” before “or any other relative of the defendant”. 1994—Subsec. (a)(3). Pub. L. 103–322, § 280004, inserted before period at end “that is not a petty offense”. Subsecs. (b), (c). Pub. L. 103–322, § 320921(a), added subsec. (b) and redesignated former subsec. (b) as (c). 1987—Subsec. (a)(1). Pub. L. 100–182 inserted “and the defendant is an individual” after “Class B felony”. 1986—Subsec. (a). Pub. L. 99–646 struck out at end “The liability of a defendant for any unexecuted fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100–182, set out as a note under section 3006A of this title.

Effective Date

of 1986 Amendment Pub. L. 99–646, § 10(b), Nov. 10, 1986, 100 Stat. 3593, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3561(a) [Nov. 1, 1987].”

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.

§3561 Sentence of Probation

Summary

Title 18, §3561

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata