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CITE

    18 USC Sec. 3565                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 227 - SENTENCES
    SUBCHAPTER B - PROBATION

HEAD

    Sec. 3565. Revocation of probation

STATUTE

      (a) Continuation or Revocation. - 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) Mandatory Revocation for Possession of Controlled Substance
    or Firearm or Refusal To Comply With Drug Testing. - 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); (!1) or
        (4) as a part of drug testing, tests positive for illegal
      controlled substances more than 3 times over the course of 1
      year;
    the court shall revoke the sentence of probation and resentence the
    defendant under subchapter A to a sentence that includes a term of
    imprisonment.
      (c) Delayed Revocation. - 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.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
    Stat. 1995; amended Pub. L. 100-690, title VI, Sec. 6214, title
    VII, Sec. 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L.
    101-647, title XXXV, Sec. 3585, Nov. 29, 1990, 104 Stat. 4930; Pub.
    L. 103-322, title XI, Sec. 110506, Sept. 13, 1994, 108 Stat. 2017;
    Pub. L. 107-273, div. B, title II, Sec. 2103(a), Nov. 2, 2002, 116
    Stat. 1793.)

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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 6214, added subsec. (b)
    and redesignated former subsec. (b) as (c).
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment 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.

FOOTNOTE

    (!1) See References in Text note below.