One Year Supervised Release.

Supervised release begins after the defendant’s imprisonment. As a result, it is considered a separate component of a federal defendant’s sentence.

Under 18 U.S.C. 3583(a), supervised release can be imposed when imposing a sentence to a term of imprisonment for a felony or misdemeanor. This includes cases where the defendant is sentenced to imprisonment for a felony offense as well as cases where the defendant is sentenced to imprisonment for a misdemeanor. Additionally, 18 U.S.C. 3583(a) also makes supervised release mandatory in cases where the defendant is convicted of an offense that requires supervised release under another statute. Along with various other offenses, a first-time domestic violence conviction also requires supervised release under 18 U.S.C. 3583(a).

Regarding the general rule of “one year,” however, 18 U.S.C. 3583(e)(1) allows a district court to terminate a period of supervised release “at any time after the expiration of one year of supervised release” if the court is satisfied that “such action is warranted by the conduct of the defendant released and the interest of justice” While not uncommon, the one-year termination of supervised release applies only in certain limited scenarios.

In most circumstances, judges will impose a term of supervised release that is longer than one year. As a result, defendants convicted of various federal crimes have been sentenced to periods of supervised release that can range from one year (the minimum for many offenses) to several decades or even the rest of their lives.

While supervised release is a mandatory component of federal sentencing in many cases, the conditions imposed on that release are tailored to the specific offense, the defendant’s history and characteristics, and the reasons for the imposed term. When dealing with the U.S. Bureau of Prisons and the U.S. Probation Office, it is critical to fight to negotiate favorable terms and conditions during the pre-sentencing process.

Which conditions can govern a one-year supervised-release term?

Under 18 U.S.C. § 3583(d), federal judges must impose an explicit condition that the defendant not commit another Federal, State, or local crime during the term of supervision. Additionally, they must impose a specific condition prohibiting the unlawful possession of a controlled substance (such as those listed in 18 U.S.C. 3583(d)).

If the defendant is convicted for the first time of a domestic violence crime as defined in 18 U.S.C. § 3561(b), the court must order as an explicit condition of supervised release that the defendant attend a public, private, or private nonprofit offender rehabilitation program approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the defendant’s legal residence.

If the defendant is required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), then they must also comply with the requirements of the Sex Offender Registration and Notification Act as conditions of supervised release.

Any defendant required to undergo drug testing as a condition of supervised release must take at least one test within fifteen days after release and at least two additional tests after the initial test date. The court has discretion to impose a more rigorous testing schedule as well.

All of these conditions can (and in many cases, must) govern a defendant’s one-year supervised-release sentence. However, these conditions are just examples of many other conditions that can apply to a federal supervised-release sentence, and the actual conditions that you will be required to follow during supervised release will depend upon your specific circumstances and the nature of your offense.

When may a court end supervision early or change its conditions?

Under 18 U.S.C. 3583(e)(1), district courts have broad discretion to terminate a period of supervised release early if they are “if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice” Prior to terminating a term of supervised release early, the court must consider the factors specified in 18 U.S.C. § 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7).

While probation officers frequently file requests for early termination on behalf of their clients, 18 U.S.C. 3583(e)(1) authorizes district courts to terminate supervised release.

Additionally, under 18 U.S.C. 3583(e)(2), if the court has imposed a term of supervised release that is “less than the maximum term of supervised release authorized under section 3583(b),” the court may, before the expiration of the term “set aside or modify any condition,” “extend a term of supervised release if less than the maximum authorized term was previously imposed,” or “modify, reduce, or enlarge the conditions of supervised release”

While it is certainly possible to negotiate a modification or early termination of supervised release, these decisions reside at the end of a highly complex legal process that depends upon numerous considerations. Defendants facing federal charges must work closely with their defense counsel to ensure that their rights and interests are fully protected throughout the duration of their proceedings.

Spodek Law Group keeps an attorney on call around the clock, which is the whole point of a number you can ring at two in the morning.

How does federal revocation work after an alleged violation?

To revoke supervised release, the United States government must establish that the defendant violated a condition of the release. If the alleged violation also gives rise to separate criminal charges, those charges must be proven beyond a reasonable doubt; the revocation itself remains governed by the preponderance-of-the-evidence standard. Even in the absence of criminal charges, the government can meet the burden of proof required for revocation by presenting evidence sufficient to establish by a preponderance of the evidence that the defendant violated a condition of supervised release.

With certain violations, such as those that lead to criminal prosecution, revocation is mandatory under 18 U.S.C. 3583(g). For example, under 18 U.S.C. 3583(g)(1), federal judges must revoke supervised release upon finding by a preponderance of the evidence that the defendant illegally possessed a controlled substance during the term of supervised release.

Additionally, under 18 U.S.C. 3583(g), federal judges must revoke supervised release when:

• (i) the defendant, having violated the prohibition on illegal possession of a firearm during their term of supervised release, is found to have violated that prohibition upon a preponderance of the evidence;
• (ii) the defendant, during the course of their supervised release, refuses to submit to drug testing at the request of the probation officer, in violation of the conditions of supervised release; or
• (iii) within any one-year period, the defendant tests positive for the use of an illegal drug on more than three occasions.

At Spodek Law Group, we represent defendants accused of violating the conditions of their supervised release in all stages of the revocation process. If you or a loved one is facing revocation of supervised release, we urge you to speak with an experienced federal defense lawyer right away.

What prison and supervision can follow a revocation?

The length of the prison term imposed upon revocation depends upon the defendant’s underlying federal offense. Specifically, as a result of 18 U.S.C. 3583(e)(3):

• If the defendant’s underlying offense was a Class A felony, revocation imprisonment is capped at five years.
• If the defendant’s underlying offense was a Class B felony, revocation imprisonment is capped at three years.
• If the defendant’s underlying offense was a Class C or Class D felony, revocation imprisonment is capped at two years.
• In all other cases, revocation imprisonment is capped at one year.

In all applicable cases, however, the prison term imposed upon revocation does not include credit for any time the defendant previously spent on post-release supervision.

Following a revocation-imprisonment term, the court may also impose a term of supervised release after imprisonment, subject to the statutory limit in 18 U.S.C. § 3583(h). Federal courts have broad discretion to impose supervised release conditions following revocation, but these conditions must be “reasonably related” to federal policy goals, such as recidivism prevention and deterrence of future crimes, and must be “sufficiently narrowly tailored” not to unnecessarily restrict the defendant’s liberty.

When facing the prospect of revocation, it is critical to engage experienced federal defense counsel promptly. We can fight to demonstrate that you should not face revocation and, if revocation is unavoidable, we can fight to keep the prison sentence and conditions of supervision to the absolute minimum.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028 to speak with our team.