- Revocation
of Probation and Supervised Release
written by Frances H. Pratt, Research & Writing Attorney, E.D.
VA;
updated by Alison Siegler, Staff Attorney, Federal Defender Program,
Chicago, IL
(Part I of this outline addresses the issues common to both revocation
of probation and revocation of supervised release. Part II focuses on
those issues peculiar to probation revocation, and Part III on those
issues peculiar to supervised release revocation. The outline includes
cases through October, 2006. A 2007 Case Supplement to the outline is
available here.)
- Second Chance Act FAQ's
courtesy of Families Against Mandatory Minimums
- Video: Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
by Amy Baron-Evans and Jennifer Niles Coffin, Sentencing Resource Project
- Determining Your Client's Likelihood of Success under Community Supervision and Improving the Odds for a Non-Prison Sentence
by Denise Barrett, National Federal Defender Sentencing Resource Counsel
(Whether your client goes directly to prison or is a candidate for an alternative sentence may depend upon how well you can convince the judge that he or she presents a low likelihood of committing another crime or violating release conditions. This paper discusses some of the ways you can determine your client's likelihood of success under community supervision, identify those areas where you client needs additional support to improve the likelihood of success, and persuade a judge that prison is a greater than necessary punishment for your client.)
- Video: The Fine Print & Not Letting Clients Be Doomed to Sentencing Conditions: Avoiding Courts Imposing Restrictive Conditions During Supervised Release or Probation
by Jennifer Gilg, Research & Writing Specialist, D. NE
- The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release
by Jennifer Gilg, Research & Writing Specialist, D. NE
(This article sets forth the statutory framework governing supervised release, the types of conditions sex offenders typically face, and the arguments you can make to eliminate
these conditions and give your clients a fighting chance to succeed after incarceration.)
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Comments on the Bureau of Prisons Second Chance Act Pre-Release Community Confinement Proposed Rule
Although Congress doubled the available pre-release community confinement in the Second Chance Act (SCA), the BOP
has continued to follow informal rules that effectively limit pre-release community confinement to six months,
rather than the twelve months now permitted under 18 U.S.C. § 3624(c). After a judge struck down its first SCA
regulation for violation of the Administrative Procedure Act, the BOP submitted for comment the same regulation.
Comments in this federal defender letter and this letter by FAMM urge the BOP to effectuate Congress's directive in the Second Chance Act.
- BOP Memorandum Regarding Revised Guidance for Residential Reentry Center Placements (6/24/10)
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- Alternative Sentencing in the Federal Criminal Justice System (January 2009)
United States Sentencing Commission
- United States Sentencing Commission Symposium on Alternatives to Incarceration
On July 14-15, 2008, the USSC held a national symposium on alternatives to incarceration in Washington, D.C. According to the Commission, the purposes of the symposium were "to gather information regarding the use of alternatives to incarceration and to provide a forum for idea-sharing concerning possible implementation of non-incarceration sanctions in the federal system."
- The
Supervision of Federal Offenders
Monograph 109, Office of Probation and Pretrial Services (December
2010)
(setting national policy for the supervision of federal offenders)
- Defender Letter to the Committee on Rules of Practice and Procedure Regarding Proposed Amendments to Fed. R. Crim. Pro. 5, 12.3, 21 and 32.1 (January 9, 2009)
(commenting on a proposed amendment to Rule 32.1(a)(6), which addresses release or detention decisions pending further proceedings concerning revocation or modification of probation or supervised release)
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