18 U.S.C. § 3564

Running of a term of probation

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(a)Commencement.—A term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court.(b)Concurrence With Other Sentences.—Multiple terms of probation, whether imposed at the same time or at different times, run concurrently with each other. A term of probation runs concurrently with any Federal, State, or local term of probation, supervised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation. A term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days.(c)Early Termination.—The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice.(d)Extension.—The court may, after a hearing, extend a term of probation, if less than the maximum authorized term was previously imposed, at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation.(e)Subject to Revocation.—A sentence of probation remains conditional and subject to revocation until its expiration or termination.(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1994; amended Pub. L. 99–646, § 13(a), Nov. 10, 1986, 100 Stat. 3594; Pub. L. 100–182, § 11, Dec. 7, 1987, 101 Stat. 1268.)Editorial NotesReferences in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.

Prior Provisions

For a prior section 3564, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

1987—Subsec. (c). Pub. L. 100–182 inserted “, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation,” after “may”.

1986—Subsec. (b). Pub. L. 99–646 substituted provision that the term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days, for provision that the term of probation does not run during any period in which the defendant is imprisoned for a period of at least thirty consecutive days in connection with a conviction for a Federal, State, or local crime.

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Amendment by Pub. L. 100–182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100–182, set out as a note under section 3006A of this title.

Effective Date of 1986 Amendment

Pub. L. 99–646, § 13(b), Nov. 10, 1986, 100 Stat. 3594, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the taking effect of such section 3564 [Nov. 1, 1987].”

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

Notes of Decisions

Cited in 74 cases (13 in the last 5 years), 1977–2026 · leading case: United States v. Verkhoglyad

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United States v. Verkhoglyad (2008) ca2 · cites it 2× “” 18 U.S.C. § 3564 (e). Because Verkhoglyad possessed a controlled substance in violation of a condition of probation, the district court was required to “revoke the sentence of probation and resentence [him]” to any term that could have been imposed on the underlying crime of…”

United States v. Hartley (2022) ca10 · cites it 8× “Hartley moved for early termination of his probation under 18 U.S.C. § 3564 (c), which provides: (c) Early termination.”

United States v. Ferrell (2017) dcd · cites it 6× “LEGAL STANDARD Early termination of probation is governed by 18 U.S.C. § 3564 (e), which requires the court to consider factors set forth in 18 U.”

United States v. Thomas Cameron Kincade (2004) ca9 “See 18 U.S.C. §§ 3564 (d)-(e), 3565(a) & 3583(e)(2)-(3).”

United States v. Caruso (2003) njd · cites it 4× “On January 8, 2003, Caruso moved to terminate his probation early pursuant to 18 U.S.C. § 3564 (c). Section 3564(c) provides: Early termination — The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may, pursuant to the…”

Commonwealth v. Brown (2016) pasuperct “A term of probation does not run while the defendant is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than thirty consecutive days.”

State v. Korzuch (1996) ariz · cites it 2× “NOTES [1] We refer to the version of the statute applicable when defendant committed his offense. The current version is found at A.”

UNITED STATES of America, Plaintiff-Appellee, v. Robert M. SILVER, Defendant-Appellant (1996) ca9 · cites it 3× “In the Sentencing Reform Act of 1984, Congress repealed the above section of the United States Code and replaced it with 18 U.S.C. § 3564 . The new provision stated that “[t]he court may, after a hearing, extend a term of probation .”

Commonwealth v. Allshouse (2011) pasuperct “18 U.S.C. § 3564 (b) (emphasis added). This Court can find no case law discussing the applicability of Section 3564(b).”

United States v. Michael Alan King (1993) ca5 · cites it 3× “Title 18 U.S.C. § 3564 provides for concurrent terms of probation and parole.”

United States v. Carlos Alberto Ossa-Gallegos (2007) ca6 “18 U.S.C. § 3564 (a). The probation statute states that "[a] term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court” Id.”

United States v. Rusin (2015) nysd · cites it 3× “By letter dated March 17, 2015, Rusin requested a re *292 evaluation of her probation sentence, which the Court construes as a motion for early termination of her probation pursuant to 18 U.S.C. § 3564 (c). (See Dkt. No. 789.) For the reasons set forth below, the Court denies…”

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