I

103D CONGRESS

1ST SESSION H. R. 2901

To amend title 18, United States Code, with respect to terms of imprisonment

and supervised release following revocation of a term of probation or

supervised release.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1993

Mr. SCHUMER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, with respect to

terms of imprisonment and supervised release following

revocation of a term of probation or supervised release.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. IMPOSITION OF SENTENCE.

4 Section 3553(a)(4) of title 18, United States Code,

5 is amended to read as follows:

6 ‘‘(4) the kinds of sentence and the sentencing

7 range established for—

8 ‘‘(A) the applicable category of offense

9 committed by the applicable category of defend-
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1 ant as set forth in the guidelines issued by the

2 Sentencing Commission pursuant to section

3 944(a)(1) of title 28, United States Code, and

4 that are in effect on the date the defendant is

5 sentenced; or

6 ‘‘(B) in the case of a violation of probation

7 or supervised release, the applicable guidelines

8 or policy statements issued by the Sentencing

9 Commission pursuant to section 994(a)(3) of

10 title 28, United States Code,’’.

11 SEC. 2. TECHNICAL AMENDMENT TO MANDATORY CONDI12 TIONS OF PROBATION.

13 Section 3563(a)(3) of title 18, United States Code,

14 is amended by striking ‘‘possess illegal controlled sub15 stances’’ and inserting ‘‘unlawfully possess a controlled

16 substance’’.

17 SEC. 3. REVOCATION OF PROBATION.

18 (a) IN GENERAL.—Section 3565(a) of title 18, Unit19 ed States Code, is amended—

20 (1) in paragraph (2), by striking ‘‘impose any

21 other sentence that was available under subchapter

22 A at the time of the initial sentencing’’ and inserting

23 ‘‘resentence the defendant under subchapter A’’; and

24 (2) by striking the last sentence.
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1 (b) MANDATORY REVOCATION.—Section 3565(b) of

2 title 18, United States Code, is amended to read as

3 follows:

4 ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF

5 CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO

6 COMPLY WITH DRUG TESTING.—If the defendant—

7 ‘‘(1) possesses a controlled substance in viola8 tion of the condition set forth in section 3563(a)(3);

9 ‘‘(2) possesses a firearm, as such term is de10 fined in section 921 of this title, in violation of Fed11 eral law, or otherwise violates a condition of proba12 tion prohibiting the defendant from possessing a

13 firearm; or

14 ‘‘(3) refuses to comply with drug testing im15 posed as a condition of probation;

16 the court shall revoke the sentence of probation and

17 resentence the defendant under subchapter A to a sen18 tence that includes a term of imprisonment.’’.

19 SEC. 4. SUPERVISED RELEASE AFTER IMPRISONMENT.

20 Section 3583 of title 18, United States Code, is

21 amended—

22 (1) in subsection (d), by striking ‘‘possess ille23 gal controlled substance’’ and inserting ‘‘unlawfully

24 possess a controlled substance’’;

25 (2) in subsection (e)—
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1 (A) by striking ‘‘person’’ each place it ap2 pears in such subsection and inserting ‘‘defend3 ant’’; and

4 (B) by amending paragraph (3) to read as

5 follows:

6 ‘‘(3) revoke a term of supervised release, and

7 require the defendant to serve in prison all or part

8 of the term of supervised release authorized by stat9 ute for the offense that resulted in such term of su10 pervised release without credit for time previously

11 served on postrelease supervision, if the court, pur12 suant to the Federal Rules of Criminal Procedure

13 applicable to revocation of probation or supervised

14 release, finds by a preponderance of the evidence

15 that the defendant violated a condition of supervised

16 release, except that a defendant whose term is re17 voked under this paragraph may not be required to

18 serve more than 5 years in prison if the offense that

19 resulted in the term of supervised release is a class

20 A felony, more than 3 years in prison if such offense

21 is a class B felony, more than 2 years in prison if

22 such offense is a class C or D felony, or more than

23 one year in any other case; or’’; and

24 (3) by striking subsection (g) and inserting the

25 following:
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1 ‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF

2 CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO

3 COMPLY WITH DRUG TESTING.—If the defendant—

4 ‘‘(1) possesses a controlled substance in viola5 tion of the condition set forth in subsection (d);

6 ‘‘(2) possesses a firearm, as such term is de7 fined in section 921 of this title, in violation of Fed8 eral law, or otherwise violates a condition of super9 vised release prohibiting the defendant from possess10 ing a firearm; or

11 ‘‘(3) refuses to comply with drug testing im12 posed as a condition of supervised release;

13 the court shall revoke the term of supervised release and

14 require the defendant to serve a term of imprisonment not

15 to exceed the maximum term of imprisonment authorized

16 under subsection (e)(3).

17 ‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCA18 TION.—When a term of supervised release is revoked and

19 the defendant is required to serve a term of imprisonment

20 that is less than the maximum term of imprisonment au21 thorized under subsection (e)(3), the court may include

22 a requirement that the defendant be placed on a term of

23 supervised release after imprisonment. The length of such

24 a term of supervised release shall not exceed the term of

25 supervised release authorized by statute for the offense
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1 that resulted in the original term of supervised release,

2 less any term of imprisonment that was imposed upon rev3 ocation of supervised release.

4 ‘‘(i) DELAYED REVOCATION.—The power of the court

5 to revoke a term of supervised release for violation of a

6 condition of supervised release, and to order the defendant

7 to serve a term of imprisonment and, subject to the limita8 tions in subsection (h), a further term of supervised re9 lease, extends beyond the expiration of the term of super10 vised release for any period reasonably necessary for the

11 adjudication of matters arising before its expiration if, be12 fore its expiration, a warrant or summons has been issued

13 on the basis of an allegation of such a violation.’’.

Æ