Release point 116-252 · current through 12/22/2020
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§ 3561.
Sentence of probation
(a)
In General.—
A defendant who has been found guilty of an offense may be sentenced to a term of probation unless—
(1)
the offense is a Class A or Class B felony and the defendant is an individual;
(2)
the offense is an offense for which probation has been expressly precluded; or
(3)
the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense.
(b)
Domestic Violence Offenders.—
A defendant who has been convicted for the first time of a domestic violence crime shall be sentenced to a term of probation if not sentenced to a term of imprisonment. The term “domestic violence crime” means a crime of violence for which the defendant may be prosecuted in a court of the United States in which the victim or intended victim is the spouse, former spouse, intimate partner, former intimate partner, child, or former child of the defendant, or any other relative of the defendant.
(c)
Authorized Terms.—
The authorized terms of probation are—
(1)
for a felony, not less than one nor more than five years;
(2)
for a misdemeanor, not more than five years; and
(3)
for an infraction, not more than one year.
Source(Added Pub. L. 98–473, title II, § 212(a)(2),
1996—Subsec. (b). Pub. L. 104–294 struck out “or any relative defendant, child, or former child of the defendant,” before “or any other relative of the defendant”.
1994—Subsec. (a)(3). Pub. L. 103–322, § 280004, inserted before period at end “that is not a petty offense”.
Subsecs. (b), (c). Pub. L. 103–322, § 320921(a), added subsec. (b) and redesignated former subsec. (b) as (c).
1987—Subsec. (a)(1). Pub. L. 100–182 inserted “and the defendant is an individual” after “Class B felony”.
1986—Subsec. (a). Pub. L. 99–646 struck out at end “The liability of a defendant for any unexecuted fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.”
“The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3561(a) [
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.