Occasionally counsel may represent a client who receives a sentence of probation. More often, clients will be sentenced to a term of imprisonment which will be followed by a term of supervised release. Supervised release is similar to probation in that it involves supervision by a federal probation officer, and requires adherence to conditions set by the court at the original sentencing hearing. Whether the client faces the prospect of a sentence to probation, or a sentence of imprisonment to be followed by a term of supervised release, counsel should be familiar with the law and mechanics of these modes of supervision so that, among other things, counsel may argue for appropriate conditions, advise the client of the ramifications of violating those conditions, and prepare the client for the rigors of federal supervision.
Further, from time to time counsel may be appointed to represent a client who has allegedly violated the conditions of probation or supervised release, and thus faces the potential consequences of revocation and incarceration. Effective advocacy in a revocation case includes an understanding of the process due a client in a revocation proceeding, a familiarity with the applicable statutes and sentencing guidelines, and, if a violation is conceded or proved, the thorough preparation and presentation of mitigating evidence.
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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.) -
Supervised Release Issues in Sex Offense Cases
by Timothy O'Hara, Assistant Federal Defender, D. CO; Scott Varholak, Assistant Federal Defender, D. CO -
Review of Issues and Objections to Supervised Release Conditions
by Christy Unger, Research and Writing Specialist, E.D. PA -
Video: The Fine Print-Strategies for Avoiding Restrictive Release Conditions of Supervised Release
by Jennifer Gilg, Assistant Federal Public Defender, Federal Public Defender-District of Nebraska, Omaha, 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.) -
Recidivism of Offenders on Federal Community Supervision (December 21, 2012)
Prepared for the Bureau of Justice Statistics and the Office of Probation and Pretrial Services, by Abt Associates, Inc., Cambridge, MA
(This report analyzes recidivism rates of federal probationers and those on supervised release and identifies several factors that can increase or decrease a person's reisk of committing a new offense or being revoked during their period of supervision.) -
An Overview of the Federal Post Conviction Risk Assessment (September 2011)
Office of Probation and Pretrial Services
(describing the Federal Post-Conviction Risk Assessment (PCRA), a new risk assessment tool that probation officers use in determining a defendant's level of post-conviction supervision, as well as the services they will receive) -
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)