Revocation of Probation or Supervised Release (Policy Statement)

(a) (1) Upon a finding of a Grade A or B violation, the court shall revoke pro- bation or supervised release. (2) Upon a finding of a Grade C violation, the court may (A) revoke pro- bation or supervised release; or (B) extend the term of probation or supervised release and/or modify the conditions of supervision. (b) In the case of a revocation of probation or supervised release, the applica- ble range of imprisonment is that set forth in §7B1.4 (Term of Imprison- ment). (c) In the case of a Grade B or C violation— (1) Where the minimum term of imprisonment determined under §7B1.4 (Term of Imprisonment) is at least one month but not more than six months, the minimum term may be satisfied by (A) a sentence of im- prisonment; or (B) a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community con- finement or home detention according to the schedule in §5C1.1(e) for any portion of the minimum term; and (2) Where the minimum term of imprisonment determined under §7B1.4 (Term of Imprisonment) is more than six months but not more than ten months, the minimum term may be satisfied by (A) a sentence of imprisonment; or (B) a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community confinement or home detention according to the schedule in §5C1.1(e), 514 ║ Guidelines Manual (November 1, 2024) §7B1.3 provided that at least one-half of the minimum term is satisfied by imprisonment. (3) In the case of a revocation based, at least in part, on a violation of a condition specifically pertaining to community confinement, intermit- tent confinement, or home detention, use of the same or a less restric- tive sanction is not recommended. (d) Any restitution, fine, community confinement, home detention, or inter- mittent confinement previously imposed in connection with the sentence for which revocation is ordered that remains unpaid or unserved at the time of revocation shall be ordered to be paid or served in addition to the sanction determined under §7B1.4 (Term of Imprisonment), and any such unserved period of community confinement, home detention, or intermit- tent confinement may be converted to an equivalent period of imprison- ment. (e) Where the court revokes probation or supervised release and imposes a term of imprisonment, it shall increase the term of imprisonment deter- mined under subsections (b), (c), and (d) above by the amount of time in official detention that will be credited toward service of the term of impris- onment under 18 U.S.C. § 3585(b), other than time in official detention re- sulting from the federal probation or supervised release violation warrant or proceeding. (f) Any term of imprisonment imposed upon the revocation of probation or supervised release shall be ordered to be served consecutively to any sen- tence of imprisonment that the defendant is serving, whether or not the sentence of imprisonment being served resulted from the conduct that is the basis of the revocation of probation or supervised release. (g) (1) If probation is revoked and a term of imprisonment is imposed, the provisions of §§5D1.1–1.3 shall apply to the imposition of a term of supervised release. (2) If supervised release is revoked, the court may include a requirement that the defendant be placed on a term of supervised release upon release from imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revo- cation of supervised release. 18 U.S.C. § 3583(h). Guidelines Manual (November 1, 2024) ║ 515 §7B1.4 Application Notes: Commentary 1. Revocation of probation or supervised release generally is the appropriate disposition in the case of a Grade C violation by a defendant who, having been continued on supervision after a finding of violation, again violates the conditions of his supervision. 2. 3. 4. 5. The provisions for the revocation, as well as early termination and extension, of a term of super- vised release are found in 18 U.S.C. § 3583(e), (g)–(i). Under 18 U.S.C. § 3583(h) (effective Sep- tember 13, 1994), the court, in the case of revocation of supervised release, may order an addi- tional period of supervised release to follow imprisonment. Subsection (e) is designed to ensure that the revocation penalty is not decreased by credit for time in official detention other than time in official detention resulting from the federal probation or supervised release violation warrant or proceeding. Example: A defendant, who was in pre- trial detention for three months, is placed on probation, and subsequently violates that probation. The court finds the violation to be a Grade C violation, determines that the applicable range of imprisonment is 4–10 months, and determines that revocation of probation and imposition of a term of imprisonment of four months is appropriate. Under subsection (e), a sentence of seven months imprisonment would be required because the Bureau of Prisons, under 18 U.S.C. § 3585(b), will allow the defendant three months’ credit toward the term of imprisonment im- posed upon revocation. Subsection (f) provides that any term of imprisonment imposed upon the revocation of probation or supervised release shall run consecutively to any sentence of imprisonment being served by the defendant. Similarly, it is the Commission’s recommendation that any sentence of imprison- ment for a criminal offense that is imposed after revocation of probation or supervised release be run consecutively to any term of imprisonment imposed upon revocation. Intermittent confinement is authorized as a condition of probation during the first year of the term of probation. 18 U.S.C. § 3563(b)(10). Intermittent confinement is authorized as a condition of supervised release during the first year of supervised release, but only for a violation of a condition of supervised release in accordance with 18 U.S.C. § 3583(e)(2) and only when facilities are available. See §5F1.8 (Intermittent Confinement). Historical Note Effective November 1, 1990 (amendment 362). Amended effective November 1, 1991 (amendment 427); No- vember 1, 1995 (amendment 533); November 1, 2002 (amendment 646); November 1, 2004 (amend- ment 664); November 1, 2009 (amendment 733).