Under 18 U.S.C. § 3563, a court may impose discretionary conditions of probation that it considers to be appropriate. The conditions must be reasonably related to the factors set forth in 18 U.S.C. § 3553(a), which include the nature and circumstances of the offense, the history and characteristics of the defendant, and the need for the sentence to serve various purposes such as just punishment, deterrence, protection of the public, and providing the defendant with needed educational or vocational training, medical care, or other correctional treatment. Mandatory conditions for all probation sentences include not committing another federal, state, or local crime, cooperating with DNA collection, and not unlawfully possessing a controlled substance. The court may require the defendant to pay a fine, restitution, or comply with other conditions such as community service, drug testing, and treatment programs.
According to 18 U.S.C. § 3564, the term of probation begins on the day the sentence is imposed, unless the court specifies a different start date. The statute also provides that the court may extend the probation period if, before its expiration, the probation officer files a petition to revoke probation or if the defendant has not paid a fine or restitution that was part of the sentence. However, the total term of probation, including any extensions, cannot exceed the statutory maximum term of probation permitted for the offense under 18 U.S.C. § 3561(c).
Under 18 U.S.C. § 3565, if the court finds that a defendant violated a condition of probation, it may continue the probation with or without modifying the conditions, extend the term of probation, or revoke the probation and impose any other sentence that was available at the time of the initial sentencing. The statute also specifies that if the defendant possesses a controlled substance, refuses to comply with drug testing, or possesses a firearm, revocation of probation is mandatory. Additionally, if probation is revoked, the court may require the defendant to serve in prison any time that was not previously served. The statute also provides for a hearing and the right to counsel for the defendant during revocation proceedings.
18 U.S.C. § 3583 outlines the conditions and potential revocation of supervised release. While supervised release is distinct from probation, the procedures and consequences for violating conditions are similar. The court may impose a term of supervised release to follow imprisonment, and the conditions of supervised release are similar to those of probation. If a condition of supervised release is violated, the court may revoke the supervised release and require the defendant to serve part or all of the remainder of the term in prison. The statute also provides for modification of conditions or extension of the supervised release term if the defendant violates a condition of release.