Sec. 609. Targeted and proportional penalties for violations of supervised release
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/bill/115/hr/4261/ih/section-609·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3583 of title 18, United States Code, is amended— in subsection (e), by amending paragraph
(3)to read as follows: revoke the term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for any or all offenses that resulted in the term of supervised release, without any credit earned toward discharge under section 3610, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of release, except that a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or ; and by adding at the end the following: If the defendant commits a nontechnical violation of supervised release prior to the expiration or termination of the term of supervised release, the court may, after a hearing under the provisions of the Federal Rules of Criminal Procedure, and after considering the factors set forth in section 3553(a)— continue the defendant on supervised release for the remaining duration of the original term of supervised release, with the option to modify or impose additional conditions; or revoke the term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for any or all the offenses that resulted in the term of supervised release, without any credit earned toward discharge under section 3610. . Section 3583 is amended by inserting after subsection
(l)the following: If the defendant commits a technical violation of supervised release prior to the expiration or termination of the term of supervised release, the court may, after opportunity for a hearing under the Federal Rules of Criminal Procedure and after considering the factors set forth in section 3553(a)— continue the defendant on supervised release for the remaining duration of the term of probation, with the option to modify or impose additional conditions; or revoke the term of supervised release and impose a period of imprisonment not to exceed 60 days, which can be served in one term of confinement or intermittent confinement (custody for intervals of time) in jail, prison, community commitment, or home detention in order not to disrupt employment or other community obligations. .