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Title 18, Crimes and Criminal ProcedureRelease 119-110

§3564 Running of a Term of Probation

Title 18 › PART II — CRIMINAL PROCEDURE › CHAPTER 227 — SENTENCES › SUBCHAPTER B — PROBATION › § 3564

Last updated Sep 22, 2026|Official source

Summary

Probation starts on the day the judge imposes it unless the judge orders a different start. Multiple probation terms run at the same time, even if given on different dates. Probation also runs at the same time as any federal, state, or local probation, supervised release, or parole. Probation pauses if the person is jailed for a crime, unless the jail time is less than thirty consecutive days. The judge can end probation early for a misdemeanor or infraction at any time, and for a felony after one year, if the judge finds the person’s conduct and the interests of justice support it and follows the rules for changing probation. The judge can extend probation after a hearing if the first term was shorter than the maximum allowed. Probation stays conditional and can be revoked until it ends.

Full Legal Text

Title 18, §3564

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Commencement.—
A term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court.
(b)Concurrence With Other Sentences.—
Multiple terms of probation, whether imposed at the same time or at different times, run concurrently with each other. A term of probation runs concurrently with any Federal, State, or local term of probation, supervised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation. A term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days.
(c)Early Termination.—
The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice.
(d)Extension.—
The court may, after a hearing, extend a term of probation, if less than the maximum authorized term was previously imposed, at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation.
(e)Subject to Revocation.—
A sentence of probation remains conditional and subject to revocation until its expiration or termination.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.

Prior Provisions

For a prior section 3564, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1987—Subsec. (c). Pub. L. 100–182 inserted “, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation,” after “may”. 1986—Subsec. (b). Pub. L. 99–646 substituted provision that the term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days, for provision that the term of probation does not run during any period in which the defendant is imprisoned for a period of at least thirty consecutive days in connection with a conviction for a Federal, State, or local crime.

Statutory Notes and Related Subsidiaries

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, § 13(b), Nov. 10, 1986, 100 Stat. 3594, provided that: “The

Amendments

made by this section [amending this section] shall take effect on the date of the taking effect of such section 3564 [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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3564

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110