Sec. 522. Graduated responses to technical violations of supervision
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Subchapter A of chapter 229 of title 18, United States Code, is amended by inserting after section 3608 the following: If a court determines that a technical violation of supervision warrants an alternative to arrest or incarceration, the court may modify the terms of supervision by imposing a graduated sanction as an alternative to revocation. A probation officer in recommending an appropriate sanction, and a court in determining an appropriate sanction, shall use the graduated sanctioning system established pursuant to the Sensenbrenner-Scott SAFE Justice Reinvestment Act of 2015 .
The procedure for the imposition of graduated sanctions shall include the following: Upon determining that a technical violation of supervision warrants an alternative to arrest or incarceration, a probation officer, with the concurrence of that officer’s probation supervisor, shall serve on the supervisee a Notice of Graduated Sanctions, which shall include— a description of the violation of supervision; an appropriate graduated sanction or sanctions to be imposed, as determined under the graduated sanctioning system; an inquiry whether the supervisee wishes to waive the supervisee’s right to a revocation or modification proceeding under the Federal Rules of Criminal Procedures; and notice of the person’s right to retain counsel or to requested the counsel be appointed if the person cannot afford to obtain counsel.
If the supervisee admits to the alleged violation of supervision, agrees to waive the right to a revocation or modification hearing, and agrees in writing to submit to the graduated sanction or sanctions as set forth in the Notice of Graduated Sanctions, the specified sanction shall immediately be imposed. If the supervisee does not admit to the alleged violation, does not agree to waive the right to the revocation or modification hearing, does not agree to submit to the specified sanction or sanctions, or if the supervisee fails to complete the graduated sanction or sanctions to the satisfaction of the probation officer and that officer’s supervisor, then the probation officer may commence supervision revocation or modification proceedings.
In this section: The term criminal risk and needs factors means the characteristics and behaviors that are associated with the risk of committing crimes and, that when addressed with evidence-based programming are diminished. The term evidence-based practices means policies, procedures, and practices that scientific research demonstrates reduce recidivism. The term graduated sanctions means an accountability-based, graduated series of sanctions applicable to supervisees to hold such supervisees accountable for their actions by providing appropriate and proportional sanctions for each violation of supervision.
The term sanctioning grid means a list of graduated responses for use in responding to supervisee behavior that violates a condition or conditions of supervision, with responses ranging from less restrictive to more restrictive based on the seriousness of the violation and the number and severity of prior violations. The term nontechnical violation means a new criminal conviction for a crime committed while an offender is on supervision. The term technical violation means conduct by a person on supervision that violates a condition or conditions of supervision, including a new arrest for a crime allegedly committed while on supervision or criminal charges that have been filed but not yet resulted in a conviction.
The term technical violation does not include a conviction for a crime committed while the person was on supervision. The term probation officer means an employee of the United States Probation and Pretrial Services who is directly responsible for supervising individual supervisees. The term probation supervisor means an employee of the United States Probation and Pretrial Services who is directly responsible for overseeing probation officers. The term supervisee means an individual who is currently under supervision.
The term supervision means supervision during a term of probation or supervised release. . The table of sections for subchapter A of chapter 229 of title 18, United States Code, is amended by inserting after the item relating to section 3608 the following new item: 3609. Graduated responses to technical violations of supervision. . Section 3563(a) of title 18, United States Code, is amended— by striking and at the end of paragraph (8); by striking the period at the end of paragraph
(9)and inserting ; and ; and by adding after paragraph
(9)the following: for a felony or misdemeanor, that the court may modify the term of probation by imposing a graduated sanction if the probationer has waived the right to a hearing under the Federal Rules of Criminal Procedure. . Section 3583(d) of title 18, United States Code, is amended by inserting after DNA Analysis Backlog Elimination Act of 2000. the following: The court may modify the term of supervised release by imposing a graduated sanction if the defendant has waived the right to a hearing under the Federal Rules of Criminal Procedure. . Section 3603 of title 18, United States Code, is amended— in paragraph
(2)by striking to the degree required by the conditions specified by the sentencing court and inserting to the degree required by section 3609 and the conditions specified by the sentencing court ; and in paragraph
(3)by striking use all suitable methods, not inconsistent with the conditions specified by the court and inserting use a system of graduated sanctions and incentives designed to deter and respond immediately to violations of supervision conditions, not inconsistent with the conditions specified by the court . The amendments made by this section take effect 1 year after the date of the enactment of this Act.