There are, unfortunately, many ways to violate supervise release – not submitting monthly reports, having a dirty drug test, or being arrested for new criminal conduct. The best thing a defendant can do in those situations is to immediately call his or her public defender. Often, defense counsel can work with their client and with Probation to avoid supervised release violations being charged.

When a Probation Officer files supervised release charges, they are contained in a charging document called a “Probation Form 12.” If the defendant cannot afford an attorney, the public defender will be appointed for these revocation proceedings.

The defendant has much more limited rights in revocation proceedings than when facing substantive federal charges. For example, at a revocation hearing there is no jury. The government need only prove the charges by a preponderance, instead of beyond a reasonable doubt. Also, hearsay is admissible, so a Probation Officer can simply repeat the allegations of other witnesses in the hearing.

In reality, there are very few full revocation proceedings. Most frequently, a deal is worked out that requires an admission of some of the charges, and an agreed-upon sentence.

While the defendant has a right to a full sentencing memo from Probation, in many cases the parties simply agree to move directly to sentencing on the day the charges are admitted. The judge does not have to follow the recommendations of the party, but typically does defer to any agreement that arrived upon by the parties and Probation.

If you are convicted of a crime while on supervised release, the probation officer has an obligation to report both the conviction and the nature of the conviction to the Court.  Depending on the nature of your new state conviction, you will either be cited into court or arrested after the issuance of a warrant.  New convictions are categorized as either Grade A, Grade B, or Grade C violations.  Grade A violations include any federal or state felony that is either: a crime of violence, a controlled substance offense, a felony that involves the possession of a firearm or destructive device (as defined under 26 U.S.C. 5845(a)), or any other felony with a maximum penalty over twenty years.  Grade B violations include other felonies not covered as Grade A violations.  Finally, Grade C violations involves any misdemeanors.

You should be aware that you are not actually required to be convicted of a new crime in order to have your supervised release revoked.  The Policy Statements under Section 7B1.1 of the Sentencing Guidelines require only that there be “conduct” which constitutes either a Grade A, Grade B or Grade C violation.

Once you are before the Court, you could be subject to a new term of imprisonment, pursuant to Section 7B1.4 of the Sentencing Guidelines.

In accordance with 18 U.S.C. 3584, the sentencing Court has the discretion to impose a concurrent or consecutive sentence upon a revocation of supervised release.  The Sentencing Commission has a policy, set forth in Section 7B1.1 of the Sentencing Guidelines, to recommend that any sentences imposed on a revocation of supervised release be served consecutively to any undischarged term of imprisonment.

You should discuss this matter with your attorney prior to making any decision on this issue.  Your final decision should be made after you consult with your attorney and you have evaluated whether you want to make such a request or not.  For example, there are situations where the probation officer will recommend a consecutive sentence with no supervision to follow.   Such a disposition may be in your particular best interests.

The Bureau of Prisons (BOP) makes every effort to ensure that once a federal prisoner is released from custody, that the person be supervised in the area that is closest to the inmate’s home.  Prior to being released from federal prison, BOP personnel will meet with you and go over your release plan.  The hope is that you can be placed in a half-way house (if eligible), near your home.  Once you are released, the probation office will begin supervising you.  At the same time, the probation office will begin the process of having formal jurisdiction of your federal supervision transferred to Southern California.  This requires the consent of both the sentencing court and the court closest to your home.  Typically all this happens behind the scenes and you never even see any of the paperwork associated with it.

Supervised release and parole are similar in many ways. Supervised release and parole are both forms of post-incarceration supervision by the United States Probation Office. The rules and regulations governing supervised releasees and parolees are similar. Violations of either supervised release or parole can result in additional time in custody. Both supervised releasees and parolees are entitled to an attorney when charged with violating the terms of their release. There are, however, important differences between parole and supervised
release.

Persons sentenced in federal court for conduct occurring before November 1, 1987 were sentenced under so-called “old law” or “pre-Guidelines” law and are subject to parole. Parole involves release from incarceration before the end of a sentence. Parole is a form of custody served in the community under the supervision of the Probation Office and under the jurisdiction of the United States Parole Commission. Parolees remain in the custody of the Attorney General while on parole. Violations of parole are handled by the Parole Commission. Parolees are not entitled to a hearing before a federal judge.

Supervised release is an additional term of supervision that must be completed after a person completes his or her term of federal custody. It applies to persons sentenced for offenses committed after November 1, 1987. Such persons are subject to the United States Sentencing Guidelines (also known as “new law” or “Guidelines” law) and are not entitled to release parole before the end of a sentence. Persons on supervised release are supervised by the Probation Office, and remain under the jurisdiction of the United States District Court. Violations of supervised release are handled by the District Court, and supervised releasees are entitled to a hearing before the District Court.

Almost every federal offense carries with it a term of supervised release. Supervised release is like “probation:” a defendant usually has a search condition, must regularly report to the Probation Office, and sometimes must submit to drug testing.

You can ask to be brought before your sentencing judge while you are in state custody.  There is no legal mechanism though, to force the Court to calendar your matter.  The best thing to do in this situation is to contact your attorney and request that your attorney attempt to schedule the revocation hearing on your behalf.  Your lawyer will be in the best position to talk to the prosecutor, the probation officer and the court clerk.  Your attorney will be able to assist you in making a decision on this matter.  You should keep in mind that many times the probation officer and federal prosecutor will not agree to this.