U.S.S.G. §5D1.1

(a) The court shall order a term of supervised release to follow imprisonment

when required by statute (see 18 U.S.C. § 3583(a)).

(b) When a term of supervised release is not required by statute, the court

should order a term of supervised release to follow imprisonment when

warranted by an individualized assessment of the need for supervision.

(c) The court ordinarily should not impose a term of supervised release in a

case in which supervised release is not required by statute and the defendant is a deportable alien who likely will be deported after imprisonment.

(d) The court should state in open court the reasons for imposing or not imposing a term of supervised release. See 18 U.S.C. § 3553(c).

Commentary

Application Notes:

1. Individualized Assessment.—The statutory framework of supervised release aims to “assure

that [those] who will need post-release supervision will receive it” while “prevent[ing] probation

system resources from being wasted on supervisory services for releasees who do not need them.”

See S. Rep. No. 225, 98th Cong., 1st Sess. 54 (1983). To that end, 18 U.S.C. § 3583(c) requires the

court to, “in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release,” consider the following:

(A) the nature and circumstances of the offense and the history and characteristics of the defendant (18 U.S.C. § 3553(a)(1));

(B) the need to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant, and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner

(18 U.S.C. § 3553(a)(2)(B)–(D));

(C) the kinds of sentence and the sentencing range established for the applicable category of

offense committed by the applicable category of defendant as set forth in the guidelines

(18 U.S.C. § 3553(a)(4));

(D) any pertinent policy statement issued by the Sentencing Commission (18 U.S.C.

§ 3553(a)(5));

(E) the need to avoid unwarranted sentence disparities among defendants with similar records

who have been found guilty of similar conduct (18 U.S.C. § 3553(a)(6)); and

(F) the need to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7)).

See 18 U.S.C. § 3583(c).

2. Criminal History.—The court should give particular consideration to the defendant’s criminal

history (which is one aspect of the “history and characteristics of the defendant” in Application

Note 1(A) above). In general, the more serious the defendant’s criminal history, the greater the

need for supervised release.

3. Substance Abuse.—In a case in which a defendant sentenced to imprisonment is an abuser of

controlled substances or alcohol, it is highly recommended that a term of supervised release also

be imposed. See §5D1.3(b)(3)(D).

4. Domestic Violence.—If the defendant is convicted for the first time of a domestic violence crime

as defined in 18 U.S.C. § 3561(b), a term of supervised release is required by statute.

See 18 U.S.C. § 3583(a). Such a defendant is also required by statute to attend an approved rehabilitation program, if available within a 50-mile radius of the legal residence of the defendant.

See 18 U.S.C. § 3583(d); §5D1.3(a)(3). In any other case involving domestic violence or stalking

in which the defendant is sentenced to imprisonment, it is highly recommended that a term of

supervised release also be imposed.

5. Mental and Emotional Conditions.—In a case in which a defendant sentenced to imprisonment is in need of psychological or psychiatric treatment, it is recommended that the court consider imposing a condition requiring that the defendant participate in a mental health program

approved by the United States Probation Office. See §5D1.3(b)(3)(E).

6. Education and Vocational Skills.—Education and vocational skills may be relevant in determining the conditions of supervised release for rehabilitative purposes, for public protection by

restricting activities that allow for the utilization of a certain skill, or in determining the appropriate type of community service.

7. Employment Record.—A defendant’s employment record may be relevant in determining the

conditions of supervised release (e.g., the appropriate hours of home detention).

8. Community Confinement or Home Detention Following Imprisonment.—A term of supervised release must be imposed if the court wishes to impose a “split sentence” under which

the defendant serves a term of imprisonment followed by a period of community confinement or

home detention pursuant to subsection (c)(2) or (d)(2) of §5C1.1 (Imposition of a Term of Imprisonment). In such a case, the period of community confinement or home detention is imposed as

a condition of supervised release.

9. Application of Subsection (c).—In a case in which the defendant is a deportable alien specified in subsection (c) and supervised release is not required by statute, the court ordinarily should

not impose a term of supervised release. Unless such a defendant legally returns to the United

States, supervised release is unnecessary. If such a defendant illegally returns to the United

States, the need to afford adequate deterrence and protect the public ordinarily is adequately

served by a new prosecution. The court should, however, consider imposing a term of supervised

release on such a defendant if the court determines it would provide an added measure of deterrence and protection based on the facts and circumstances of a particular case.

10. Evidence-Based Recidivism Reduction Programming.—Whether a defendant’s sentence

includes a term of supervised release may impact the application of time credits earned by the

defendant under the First Step Act of 2018, Pub. L. 115–391. The First Step Act of 2018 allows

individuals in custody who successfully complete evidence-based recidivism reduction programming or productive activities to earn time credits. See 18 U.S.C. § 3632(d)(4)(A). Regarding the

application of those time credits, the First Step Act of 2018 provides: “If the sentencing court

included as a part of the prisoner’s sentence a requirement that the prisoner be placed on a term

of supervised release after imprisonment pursuant to [18 U.S.C. § 3583], the Director of the Bureau of Prisons may transfer the prisoner to begin any such term of supervised release at an

earlier date, not to exceed 12 months, based on the application of time credits under [18 U.S.C.

§ 3632].” 18 U.S.C. § 3624(g)(3).