Early Release from Federal Probation
Post #1 of a 3-Part Series
In this first part to our series on early release from federal probation early (or supervised release), we’ll take a close look at the statutory factors that judges must consider when somebody on supervision asks for early termination. The only unbreakable rule here is that one year of supervision must expire before anybody can motion for early termination. The rest is up to the judge.
The next installment deals with the factors by policy that judges do, or may, consider.
Judicial Considerations by Law
Most of the factors judges must use to determine an appropriate sentence ((At least what is legally considered an appropriate sentence)) are also required to be used when terminating part of that sentence. Since probation and supervised release are part of a sentence, terminating them early is the same thing as reducing sentences.
Title 18 U.S.C. §3582(a) says that:
“(a) Factors To Be Considered in Imposing a Term of Imprisonment.— The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553 (a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994 (a)(2).” (emphasis added)
So what are these factors? You can read what these factors are in the law here.
For a detailed review and discussion of what these factors mean, read our comprehensive e-book on terminating federal supervised release and probation here.
The best news, however is a 2011 amendment to the Guidelines Manual where the USSC ((United States Sentencing Commission)) specifically encourages judges grant early release from federa
l probation in specific cases. This is the first time they’ve every encouraged early termination of supervision at all.
What this all means
Not since the 80’s has there been a more advantageous time in the federal system to get released early from supervision. Whether on probation or supervised release, the USSC has realized that probation officers have too many people to supervise, and no budget to hire more probation officers. So the logical conclusion is to cut low-risk people free from supervision!
Get Started Today
To get started with your early termination documents now, contact us by e-mail or phone to get the process going. Its fast and easy!
Read our free e-book on the A-to-Z of federal probation and supervision!