Early Termination of Supervised Release.

Supervised release is the final stage of a federal sentencing order. It begins immediately after a defendant completes federal imprisonment. If a court imposes supervision without imprisonment, it is generally probation rather than supervised release.

How Long Does Supervised Release Last?

The federal sentencing orders will specify the duration of a defendant’s supervised release. There is no universal term for supervised release under the federal sentencing guidelines; it is entirely on a case-by-case basis, so it can range from 1 to 5 years or more.

What is the One-Year Rule?

U.S.C. §3583(e)(1) is the section of federal law that establishes the one-year rule. It states that, “The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7), terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.”

Is Early Termination Automatic?

While this is a provision of federal law, the one-year mark is not an automatic expiration date for supervised release. As this statute clearly shows, the judge still has discretion to decide whether or not to grant early termination. The judge will take all pertinent factors into account when deciding whether to terminate supervised release early. In addition to the supervisory office supporting the early termination, this can include whether the defendant has successfully fulfilled all requirements of supervised release, the sentencing judge will look at the defendant’s rehabilitation progress, the defendant’s current potential to commit another offense, any issues with complying with the supervised release program, and the consequences of continuing supervision.”

Can One Year of Federal Supervised Release End Supervision Early?

Although the one-year rule is only one of several factors judges consider when deciding whether to grant early termination, it is still a key threshold in the federal court system. If you have served at least one year of supervised release and have complied with all conditions, then it is possible you could successfully petition the federal sentencing judge for early termination.

What Must an Early Termination Motion Show Besides Serving One Year of Supervised Release?

The legal standard for granting early termination of supervised release is found in 18 U.S.C. § 3583(e)(1). This section directs the court to consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7). When we work with clients seeking early termination of supervised release, some of the most pertinent factors we emphasize under § 3553(a) include:

• The nature and circumstances of the offense and history and characteristics of the defendant;
• The need to sentence the defendant in a manner sufficient to reflect the seriousness of the offense, provide just punishment, reflect the need for deterrence (both general and specific), protect the public from further crimes or other offenses, and afford adequate deterrence;
• The need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
• The United States Sentencing Commission’s applicable sentencing guidelines;
• The need to avoid sentencing disparities; and,
• Any other pertinent factor.

If you are planning to request early termination of supervised release, we can use these factors to craft a compelling petition for the court.

What is the Role of the U.S. Probation Officer?

Probation officers are the law enforcement arm of the federal judiciary. They have substantial influence over sentencing. When petitioning for early termination, probation officers will often take a position or make a recommendation. If the U.S. probation officer favors early termination, this may carry significant weight with the federal sentencing judge. However, even if you do not have the support of the U.S. probation officer, you can still successfully petition for early termination if you can demonstrate that your request is warranted under the specific statutory factors discussed above.

How Does a Federal Violation Hearing Test the Allegations of a Supervised Release Violation?

Typically, an alleged supervised release violation begins with the U.S. probation officer preparing “violation specifications” against the defendant. At the defendant’s initial appearance, the defendant receives notice of any alleged violations and is advised of the right to be represented by counsel. If a defendant is indigent, the court will appoint counsel at the initial appearance. If the defendant denies the allegations in the violation specifications, then a violation hearing will be held.

Federal supervised-release violation hearings do not involve juries. Instead, the parties present their cases to the judge, and the judge determines whether the alleged violation occurred and, if so, what disposition is authorized by law. This hearing serves as a fact-finding mechanism to test the allegations presented by the U.S. probation officer. The judge will hear evidence from both sides and make a decision. This includes examining any evidence the defendant might present in support of his request for early termination, as well as any arguments that he may have fulfilled all conditions of his release.

The standard used in federal supervised-release violation hearings is the preponderance of the evidence standard. This is a lower standard than the one required for a criminal conviction, which requires proof beyond a reasonable doubt. If the judge finds a violation has occurred, the judge can impose various sanctions. These can include imprisonment, extending the defendant’s term of supervision, or modifying the defendant’s current supervision.

On the other hand, the hearing could result in the judge granting early termination. This typically happens when the defendant has fully complied with the terms of supervised release and there are other pertinent reasons to end supervision early. As the presiding judge has broad discretion, it will be important to present a compelling argument to the judge that early termination is the appropriate decision under the circumstances.

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Which Violations Trigger Revocation, and When Can a Defendant Be Detained?

A finding of a violation will not necessarily trigger revocation or imprisonment. Instead, after finding a violation, the court may modify, reduce, or enlarge the conditions of supervised release. In many cases, the defendant’s term of supervised release will continue, often with added conditions. If the court decides that supervised release is no longer warranted as a result of the violation, then revocation and imprisonment will be on the table.

Unlike the proceedings for criminal contempt or criminal charges, federal revocation proceedings do not automatically make detention available. Instead, the magistrate judge may release or detain the person under 18 U.S.C. § 3143(a)(1), and the person bears the burden of establishing by clear and convincing evidence that he or she will not flee or pose a danger to another person or the community. Even then, judges generally do not grant pretrial detention. However, if you are detained, under Federal Rule of Criminal Procedure 32.1(a)(6), the detained defendant then has the right to request to be released pending revocation, and at this stage, the detained defendant bears the clear-and-convincing burden of showing that he does not present an undue flight risk and that he does not present a danger to the community.

How Long Can a Revocation Imprisonment Sentence and New Supervised-Release Term Last?

The federal statutory limitations on revocation imprisonment and new supervised-release terms are quite complex. For revocation imprisonment, first of all, time previously spent on supervised release does not give the defendant any credit. Second, time previously served at home does not give the defendant any credit. If revocation involves a sentence for a new conviction in addition to revocation of the defendant’s prior sentence, the revocation imprisonment sentence can run consecutively.

Following revocation imprisonment, the federal district court can impose another term of supervised release. According to 18 U.S.C. § 3583(e)(3), revoked defendants may be sent back to prison for the following maximum durations:

• Class A felonies can lead to up to five years of revocation imprisonment;
• Class B felonies can lead to up to three years of revocation imprisonment.

A sentence of revocation will result in the defendant’s term of supervised release being revoked. Along with revocation imprisonment, defendants may also be sentenced to another term of supervised release following revocation imprisonment.

The term of revoked supervised release does not have a clear duration, so it is determined on a case-by-case basis. However, defendants can once again petition for early termination if they complete a full year. The request will still be subject to a judge’s discretion.

Summary of Early Termination of Supervised Release

Here is a summary of what it takes to seek early termination of supervised release.

When can a defendant seek early termination of supervised release?

A defendant can seek early termination of supervised release after serving at least one year, and the court may grant it if termination is warranted by the defendant’s conduct and the interest of justice.

What must a defendant show to seek early termination of supervised release?

The defendant must show the court that early termination is warranted based on all pertinent factors, including the defendant’s compliance with supervised release conditions, the defendant’s rehabilitation progress, the defendant’s potential for recidivism, and the consequences of continuing supervised release.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.