U.S. Code, Title 18, Crimes and Criminal Procedure

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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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.

(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1992; amended Pub. L. 99–646, § 10(a), Nov. 10, 1986, 100 Stat. 3593; Pub. L. 100–182, § 7, Dec. 7, 1987, 101 Stat. 1267; Pub. L. 103–322, title XXVIII, § 280004, title XXXII, § 320921(a), Sept. 13, 1994, 108 Stat. 2096, 2130; Pub. L. 104–294, title VI, § 604(c)(1), Oct. 11, 1996, 110 Stat. 3509.)

Prior Provisions

     For a prior section 3561, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

Amendments

     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."

Effective Date of 1996 Amendment

     Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Effective 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

     Section 10(b) of Pub. L. 99–646 provided that: "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.

Section Referred to in Other Sections

     This section is referred to in sections 3563, 3583, 5037 of this title.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 3561. Sentence of Probation," U.S. Code, Title 18, Crimes and Criminal Procedure in U.S. Code, Title 18, Crimes and Criminal Procedure (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 25, 2018, http://www.originalsources.com/Document.aspx?DocID=CRS3G3T3QP5BEFW.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 3561. Sentence of Probation." U.S. Code, Title 18, Crimes and Criminal Procedure, in U.S. Code, Title 18, Crimes and Criminal Procedure, Washington, D.C., Government Printing Office, 2002, Original Sources. 25 Apr. 2018. www.originalsources.com/Document.aspx?DocID=CRS3G3T3QP5BEFW.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 3561. Sentence of Probation' in U.S. Code, Title 18, Crimes and Criminal Procedure. cited in 2002, U.S. Code, Title 18, Crimes and Criminal Procedure, Government Printing Office, Washington, D.C.. Original Sources, retrieved 25 April 2018, from http://www.originalsources.com/Document.aspx?DocID=CRS3G3T3QP5BEFW.