Violation of a Supervised Release

Those who are incarcerated may be placed on supervised release.

When someone is convicted of a crime and incarcerated, they may also get a sentence of supervised release after they are released from prison. Those found guilty of a supervised release violation will return to prison and be placed back on supervised release after their release.

Getting The Release

Not all crimes will warrant a supervised release.

Under the guidelines of the United States Code, those convicted of a Class A or Class B felony with a sentence of no more than five years may be placed on supervised release. Those convicted of a Class C or Class D felony with a sentence of no more than three years are eligible for supervised release, as well as those convicted of a misdemeanor or Class E felony with a sentence of no more than one year.

The Violation

Possession of a controlled substance is a violation of supervised release.

Those placed on supervised release will be found in violation of that release if they commit a federal, local or state crime while under supervision or if they are found in possession of a controlled substance. Those convicted of a domestic violence charge for the first time can be required to attend a court-approved rehabilitation program as part of their release.

The Penalty

Those who violate the terms of their supervised release will be incarcerated.

Those found in violation of their supervised release will face consequences. For example, those who fail, or refuse to take a drug test,violate any other term of their supervised release will be sent back to prison for a maximum of five years.

References

• Law: U.S. Code
• FPD: Sixth Circuit Decisions
• DOCS: Probation And Supervised Release Violations

Resources

• Circuit2: An Interesting Decision Concerning Supervised Release