View Full Version : What exactly is 'Supervised Release'?


2nice
03-16-2005, 10:45 AM
The reason i ask is because when my baby comes home, he will have to do 5 years supervised release. I'm not exactly sure what it is! Is it like some kind of parole or something? I know that the Fedz dont have parole. I guess i wanna know what kind of conditions are attached to 'Supervised Release'. Will he be able to move around freely?

Thank you x

jft
03-16-2005, 10:48 AM
It's probation

2nice
03-16-2005, 11:00 AM
Thank you, but now i guess i'm gonna look really dumb :p ... What exactly is probation? I'm here in the UK, and some things are different there in the US.

greyghost
03-16-2005, 11:04 AM
The simplest way to describe Supervised Release is just as jft did: It's just like probation only it comes after serving a term of imprisonment.

For the specifics of Supervised Release: (taken from the US Sentencing Commisions website)

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1998 Federal Sentencing Guidelines

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§5D1.3. Conditions of Supervised Release
(a) Mandatory Conditions*--

(1) the defendant shall not commit another federal, state or local offense (see 18 U.S.C. § 3583(d));

(2) the defendant shall not unlawfully possess a controlled substance (see 18 U.S.C. § 3583(d));

(3) the defendant who is convicted for a domestic violence crime as defined in 18 U.S.C. § 3561(b) for the first time shall attend a public, private, or private non-profit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is available within a 50-mile radius of the legal residence of the defendant (see 18 U.S.C. § 3583(d));

(4) the defendant shall refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least two periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant’s presentence report or other reliable information indicates a low risk of future substance abuse by the defendant (see 18 U.S.C. § 3583(d));

(5) if a fine is imposed and has not been paid upon release to supervised release, the defendant shall adhere to an installment schedule to pay that fine (see 18 U.S.C. § 3624(e));

(6) the defendant shall (A) make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and (B) pay the assessment imposed in accordance with 18 U.S.C. § 3013.

(b) The court may impose other conditions of supervised release to the extent that such conditions (1) are reasonably related to (A) the nature and circumstances of the offense and the history and characteristics of the defendant; (B) the need for the sentence imposed to afford adequate deterrence to criminal conduct; (C) the need to protect the public from further crimes of the defendant; and (D) the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and (2) involve no greater deprivation of liberty than is reasonably necessary for the purposes set forth above and are consistent with any pertinent policy statements issued by the Sentencing Commission.

(c) (Policy Statement) The following "standard" conditions are recommended for supervised release. Several of the conditions are expansions of the conditions required by statute:

(1) the defendant shall not leave the judicial district or other specified geographic area without the permission of the court or probation officer;

(2) the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month;

(3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

(4) the defendant shall support the defendant’s dependents and meet other family responsibilities (including, but not limited to, complying with the terms of any court order or administrative process pursuant to the law of a state, the District of Columbia, or any other possession or territory of the United States requiring payments by the defendant for the support and maintenance of any child or of a child and the parent with whom the child is living);

(5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;

(6) the defendant shall notify the probation officer at least ten days prior to any change of residence or employment;

(7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or any paraphernalia related to any controlled substance, except as prescribed by a physician;

(8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered, or other places specified by the court;

(9) the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

(10) the defendant shall permit a probation officer to visit the defendant at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

(11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

(12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

(13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant’s criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant’s compliance with such notification requirement;

(14) the defendant shall pay the special assessment imposed or adhere to a court-ordered installment schedule for the payment of the special assessment;

(15) the defendant shall notify the probation officer of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay any unpaid amount of restitution, fines, or special assessments.

(d) (Policy Statement) The following "special" conditions of supervised release are recommended in the circumstances described and, in addition, may otherwise be appropriate in particular cases:

(1) Possession of Weapons

If the instant conviction is for a felony, or if the defendant was previously convicted of a felony or used a firearm or other dangerous weapon in the course of the instant offense -- a condition prohibiting the defendant from possessing a firearm or other dangerous weapon.

(2) Debt Obligations

If an installment schedule of payment of restitution or a fine is imposed -- a condition prohibiting the defendant from incurring new credit charges or opening additional lines of credit without approval of the probation officer unless the defendant is in compliance with the payment schedule.

(3) Access to Financial Information

If the court imposes an order of restitution, forfeiture, or notice to victims, or orders the defendant to pay a fine -- a condition requiring the defendant to provide the probation officer access to any requested financial information.

(4) Substance Abuse Program Participation

If the court has reason to believe that the defendant is an abuser of narcotics, other controlled substances or alcohol -- a condition requiring the defendant to participate in a program approved by the United States Probation Office for substance abuse, which program may include testing to determine whether the defendant has reverted to the use of drugs or alcohol.

(5) Mental Health Program Participation

If the court has reason to believe that the defendant is in need of psychological or psychiatric treatment -- a condition requiring that the defendant participate in a mental health program approved by the United States Probation Office.

(6) Deportation

If (A) the defendant and the United States entered into a stipulation of deportation pursuant to section 238(c)(5) of the Immigration and Nationality Act (8 U.S.C. § 1228(c)(5)**); or (B) in the absence of a stipulation of deportation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable -- a condition ordering deportation by a United States district court or a United States magistrate judge.

**So in original. Probably should be 8 U.S.C. § 1228(d)(5).
(e) Additional Conditions (Policy Statement)

The following "special conditions" may be appropriate on a case-by-case basis:

(1) Community Confinement

Residence in a community treatment center, halfway house or similar facility may be imposed as a condition of supervised release. See §5F1.1 (Community Confinement).

(2) Home Detention

Home detention may be imposed as a condition of supervised release, but only as a substitute for imprisonment. See §5F1.2 (Home Detention).

(3) Community Service

Community service may be imposed as a condition of supervised release. See §5F1.3 (Community Service).

(4) Occupational Restrictions

Occupational restrictions may be imposed as a condition of supervised release. See §5F1.5 (Occupational Restrictions).

(5) Curfew

A condition imposing a curfew may be imposed if the court concludes that restricting the defendant to his place of residence during evening and nighttime hours is necessary to protect the public from crimes that the defendant might commit during those hours, or to assist in the rehabilitation of the defendant. Electronic monitoring may be used as a means of surveillance to ensure compliance with a curfew order.

*Note: Effective one year after November 26, 1997, section 3583(a) of Title 18, United States Code, was amended (by section 115 of Pub. L. 105–119) to add the following new mandatory condition of supervised release:
(7) a defendant convicted of a sexual offense as described in 18 U.S.C. § 4042(c)(4) (as amended by section 115 of Pub. L. 105–119) shall report the address where the defendant will reside and any subsequent change of residence to the probation officer responsible for supervision, and shall register as a sex offender in any State where the person resides, is employed, carries on a vocation, or is a student.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendments 276, 277, and 302); November 1, 1997 (see Appendix C, amendment 569); November 1, 1998 (see Appendix C, amendment 584).

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I hope this helps answer your question.

Best of luck

Greyghost

jft
03-16-2005, 11:21 AM
lol...yeah, what he said!

HanginOn
03-16-2005, 12:00 PM
My question is how do they determine the amount of time for supervised release??? I can't recall ever seeing that in the guidelines. I've noticed that some people charged with the exact charge my husband had have been given less supervised release time. Mine got 10 yrs supervised release.

greyghost
03-16-2005, 12:01 PM
My wife always says that I'm too wordy (TMI as she calls it - Too Much Information). :)

She acts on things - I always think them through (or too long). But beleive it or not we're great together!

Wishing all the best

Greyghost

BillnDenise
03-16-2005, 12:05 PM
My Sweetie has 3 years supervised release and he has some, not all, of the conditions Greyghost posted. They are listed on his sentencing papers. I suppose it depends on the individual.

2nice
03-16-2005, 12:13 PM
Thanks 'Greyghost', that helped loads! Not what i wanted to hear, but was a great help.

greyghost
03-16-2005, 01:31 PM
My question is how do they determine the amount of time for supervised release??? I can't recall ever seeing that in the guidelines. I've noticed that some people charged with the exact charge my husband had have been given less supervised release time. Mine got 10 yrs supervised release.

It is in the guidelines, it's just not easy to find sometimes:

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2004 Federal Sentencing Guidelines

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Chapter 5 - PART D - SUPERVISED RELEASE
§5D1.1. Imposition of a Term of Supervised Release
(a) The court shall order a term of supervised release to follow imprisonment when a sentence of imprisonment of more than one year is imposed, or when required by statute.

(b) The court may order a term of supervised release to follow imprisonment in any other case.

Commentary

Application Notes:

1. Under subsection (a), the court is required to impose a term of supervised release to follow imprisonment if a sentence of imprisonment of more than one year is imposed or if a term of supervised release is required by a specific statute. The court may depart from this guideline and not impose a term of supervised release if it determines that supervised release is neither required by statute nor required for any of the following reasons: (1) to protect the public welfare; (2) to enforce a financial condition; (3) to provide drug or alcohol treatment or testing; (4) to assist the reintegration of the defendant into the community; or (5) to accomplish any other sentencing purpose authorized by statute.

2. Under subsection (b), the court may impose a term of supervised release to follow a term of imprisonment of one year or less for any of the reasons set forth in Application Note 1.

Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 302); November 1, 1995 (see Appendix C, amendment 529).
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2004 Federal Sentencing Guidelines

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Chapter 5 - PART D - SUPERVISED RELEASE
§5D1.2. Term of Supervised Release
(a) Except as provided in subsections (b) and (c), if a term of supervised release is ordered, the length of the term shall be:

(1) At least three years but not more than five years for a defendant convicted of a Class A or B felony.

(2) At least two years but not more than three years for a defendant convicted of a Class C or D felony.

(3) One year for a defendant convicted of a Class E felony or a Class A misdemeanor.

(b) Notwithstanding subdivisions (a)(1) through (3), the length of the term of supervised release shall be not less than the minimum term of years specified for the offense under subdivisions (a)(1) through (3) and may be up to life, if the offense is—

(1) any offense listed in 18 U.S.C. § 2332b(g)(5)(B), the commission of which resulted in, or created a foreseeable risk of, death or serious bodily injury to another person; or

(2) a sex offense.

(Policy Statement) If the instant offense of conviction is a sex offense, however, the statutory maximum term of supervised release is recommended.

(c) The term of supervised release imposed shall be not less than any statutorily required term of supervised release.

Commentary

Application Notes:

1. Definition.—For purposes of this guideline, "sex offense" means (A) an offense, perpetrated against a minor, under (i) chapter 109A of title 18, United States Code; (ii) chapter 110 of such title, not including a recordkeeping offense; or (iii) chapter 117 of such title, not including transmitting information about a minor or filing a factual statement about an alien individual; or (B) an attempt or a conspiracy to commit any offense described in subdivisions (A)(i) through (iii) of this note.

2. Safety Valve Cases.—A defendant who qualifies under §5C1.2 (Applicability of Statutory Minimum Sentence in Certain Cases) is not subject to any statutory minimum sentence of supervised release. See 18 U.S.C. § 3553(f). In such a case, the term of supervised release shall be determined under subsection (a).

3. Substantial Assistance Cases.—Upon motion of the Government, a defendant who has provided substantial assistance in the investigation or prosecution of another person who has committed an offense may be sentenced to a term of supervised release that is less than any minimum required by statute or the guidelines. See 18 U.S.C. § 3553(e), §5K1.1 (Substantial Assistance to Authorities).

Background: This section specifies the length of a term of supervised release that is to be imposed. Subsection (b) applies to statutes, such as the Anti-Drug Abuse Act of 1986, that require imposition of a specific minimum term of supervised release.

Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (see Appendix C, amendment 52); November 1, 1989 (see Appendix C, amendment 302); November 1, 1995 (see Appendix C, amendment 529); November 1, 1997 (see Appendix C, amendment 570); November 1, 2001 (see Appendix C, amendment 615); November 1, 2002 (see Appendix C, amendments 637 and 646); November 1, 2004 (see Appendix C, amendment 664).

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greyghost
03-16-2005, 01:34 PM
My Sweetie has 3 years supervised release and he has some, not all, of the conditions Greyghost posted. They are listed on his sentencing papers. I suppose it depends on the individual.

You are correct on all counts.

Typically speaking everyone with a supervised release term will have 1- 15 listed as their conditions of supervision. From there it will depend on the court and what 'they think' is necessary.

HanginOn
03-16-2005, 02:26 PM
Greyghost,

I read all the info you posted. I really did. Even turned off the TV so I could concentrate. I still don't get it :o . My husband was convicted for sellling drugs, I assume a Class A felony. He got a mandatory 10 to life (sentenced to 16 yrs). According to plea agreement, if he had been enhanced to 20 to life (he was, but they agreed to drop for signing the plea), he would've had a 10 yr minimum mandatory term of supervised release. He still got 10 yrs supervised release. Is this a mandatory thing due to his 10 to life mandatory sentence????

greyghost
03-17-2005, 09:44 AM
HanginOn -

What I provided above is the basic outline for Supervised Release. In reading it, you'll note that in section (c) they give an 'exception' to the rule type of thing. Meaning that supervised release must conform to whatever the statute calls for under the Title that the person is convicted under. For example under the statute for which your husband was sentence under (drug statutes), based on the serverity of the charges, AND if he has a previous drug conviction and/or felony conviction then the mandatory Supervised Release Term must be 10 years.

That is what the statute calls for.

So basically you have the guidelines to follow if the state doesn't specifically state what the supervised release term must be.

Does this help any?

HanginOn
03-17-2005, 10:40 AM
Does this help any?

I understand now. Thanks very much

Kim

greyghost
03-17-2005, 10:45 AM
You're welcome

Stay positive. I know it's hard sometimes but there will come a time when all of this will be behind you. You have to try and stay focused on that.

I wish you the best

Greyghost