Sec. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT

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## SEC. 110505 REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT Section 3583 of title 18, United States Code, is amended— ####

(1)in subsection

(d)by striking “possess illegal controlled substances” and inserting “unlawfully possess a controlled substance”; ####

(2)in subsection (e)— #####

(A)by striking “person” each place such term appears in such subsection and inserting “defendant”; and #####

(B)by amending paragraph

(3)to read as follows: > > #### “(3) > > revoke a 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 the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, 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 supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve 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 ####

(3)by striking subsection

(g)and inserting the following: > > ### “(g) Mandatory Revocation for Possession of Controlled Substance or Firearm or for Refusal To Comply With Drug Testing > > If the defendant— > > > #### “(1) > > possesses a controlled substance in violation of the condition set forth in subsection (d); > > > #### “(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 supervised release prohibiting the defendant from possessing a firearm; or > > > #### “(3) > > refuses to comply with drug testing imposed as a condition of supervised release; > > the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3). > > > ### “(h) Supervised Release Following Revocation > > When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3), the court may include a requirement that the defendant be placed on a term of supervised release after 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 revocation of supervised release. > > > ### “(i) Delayed Revocation > > The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.” > .