Charles Doyle
Senior Specialist in American Public Law
Supervised release replaces parole for federal crimes committed after November 1, 1987. Like parole, supervised release is a term of restricted freedom following an offender’s release from prison. The nature of supervision and the conditions imposed during supervised release are also similar to those that applied in the old system of parole. However, whereas parole functions in lieu of a remaining prison term, supervised release begins only after an offender has completed his full prison sentence.
A sentencing court determines the duration and conditions for an offender’s supervised release term at the time of initial sentencing. As a general rule, federal law limits the maximum duration to five years, although it permits, and in some cases mandates, longer durations for relatively serious drug, sex, and terrorism-related offenses. A sentencing court retains jurisdiction to modify the terms of an offender’s supervised release and to revoke the term and return an offender to prison for violation of the conditions.
Several conditions are standard features of supervised release. Some conditions, such as a ban on the commission of further crimes, are mandatory. Other conditions, such as an obligation to report to a probation officer, have become standard by practice and by the operation of the federal Sentencing Guidelines, which courts must consider along with other statutorily designated considerations.
Together with these regularly imposed conditions, the Sentencing Guidelines recommend additional conditions appropriate for specific circumstances. Courts also have the discretion to impose “any other” conditions, as long as they involve no greater deprivation of liberty than is reasonably necessary and “reasonably relate” to at least one of the following: the nature of the offense; the defendant’s crime-related history; deterrence of crime; protection of the public; or the defendant’s rehabilitation.
In addition to the statutory “reasonably relate” requirement, both defendants’ constitutional rights and federalism concerns create outer limits for the application and scope of supervised release conditions. By nature, such conditions restrict a releasee’s freedom, and some conditions involve systems, such as child support orders, ordinarily governed by the states. Nonetheless, federal courts have upheld a wide range of such conditions against constitutional challenges.
This report is available in an abridged form, without footnotes or citations to authority, as CRS Report RS21364, Supervised Release: An Abbreviated.
Date of Report: February 14, 2011
Number of Pages: 21
Order Number: RL31653
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Senior Specialist in American Public Law
Supervised release replaces parole for federal crimes committed after November 1, 1987. Like parole, supervised release is a term of restricted freedom following an offender’s release from prison. The nature of supervision and the conditions imposed during supervised release are also similar to those that applied in the old system of parole. However, whereas parole functions in lieu of a remaining prison term, supervised release begins only after an offender has completed his full prison sentence.
A sentencing court determines the duration and conditions for an offender’s supervised release term at the time of initial sentencing. As a general rule, federal law limits the maximum duration to five years, although it permits, and in some cases mandates, longer durations for relatively serious drug, sex, and terrorism-related offenses. A sentencing court retains jurisdiction to modify the terms of an offender’s supervised release and to revoke the term and return an offender to prison for violation of the conditions.
Several conditions are standard features of supervised release. Some conditions, such as a ban on the commission of further crimes, are mandatory. Other conditions, such as an obligation to report to a probation officer, have become standard by practice and by the operation of the federal Sentencing Guidelines, which courts must consider along with other statutorily designated considerations.
Together with these regularly imposed conditions, the Sentencing Guidelines recommend additional conditions appropriate for specific circumstances. Courts also have the discretion to impose “any other” conditions, as long as they involve no greater deprivation of liberty than is reasonably necessary and “reasonably relate” to at least one of the following: the nature of the offense; the defendant’s crime-related history; deterrence of crime; protection of the public; or the defendant’s rehabilitation.
In addition to the statutory “reasonably relate” requirement, both defendants’ constitutional rights and federalism concerns create outer limits for the application and scope of supervised release conditions. By nature, such conditions restrict a releasee’s freedom, and some conditions involve systems, such as child support orders, ordinarily governed by the states. Nonetheless, federal courts have upheld a wide range of such conditions against constitutional challenges.
This report is available in an abridged form, without footnotes or citations to authority, as CRS Report RS21364, Supervised Release: An Abbreviated.
Date of Report: February 14, 2011
Number of Pages: 21
Order Number: RL31653
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Posts
