US Code

Public Law 119-73 (01/23/2026)

18 U.S.C. § 3565

Revocation of probation

(a)

Continuation or Revocation .—

If the defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, and after considering the factors set forth in section 3553(a) to the extent that they are applicable—
(1)
continue him on probation, with or without extending the term or modifying or enlarging the conditions; or
(2)
revoke the sentence of probation and resentence the defendant under subchapter A.
(b)

Mandatory Revocation for Possession of Controlled Substance or Firearm or Refusal To Comply With Drug Testing .—

If the defendant—
(1)
possesses a controlled substance in violation of the condition set forth in section 3563(a)(3);
(2)
section 921 of this title possesses a firearm, as such term is defined in , in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm;
(3)
1
1 See References in Text note below.
refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4);  or
(4)
as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;
the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.
(c)

Delayed Revocation .—

The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the adjudication of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

Pub. L. 98–473, title II, § 212(a)(2)98 Stat. 1995Pub. L. 100–690, title VI, § 6214102 Stat. 4361Pub. L. 101–647, title XXXV, § 3585104 Stat. 4930Pub. L. 103–322, title XI, § 110506108 Stat. 2017Pub. L. 107–273, div. B, title II, § 2103(a)116 Stat. 1793(Added , , ; amended , title VII, § 7303(a)(2), , , 4464; , , ; , , ; , , .)

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title.

section 20414(b)(3) of Pub. L. 103–322Pub. L. 104–132, title II, § 203(1)(C)110 Stat. 1227Section 3563(a)(4), referred to in subsec. (b)(3), probably means the par. (4) of section 3563(a) added by , which was renumbered par. (5) by , , .

Prior Provisions

section 3551 of this titleFor a prior section 3565, applicable to offenses committed prior to , see note set out preceding .

Amendments

Pub. L. 107–2732002—Subsec. (b)(4). added par. (4).

Pub. L. 103–322, § 110506(a)(2)1994—Subsec. (a). , struck out concluding sentence which read as follows: “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.”

Pub. L. 103–322, § 110506(a)(1)Subsec. (a)(2). , substituted “resentence the defendant under subchapter A” for “impose any other sentence that was available under subchapter A at the time of the initial sentencing”.

Pub. L. 103–322, § 110506(b)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

Mandatory Revocation for Possession of a Firearmsection 921 of this title“(b) .—If the defendant is in actual possession of a firearm, as that term is defined in , at any time prior to the expiration or termination of the term of probation, the court shall, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing.”

Pub. L. 101–6471990—Subsec. (a)(1). substituted “or modifying” for “of modifying”.

Pub. L. 100–690, § 7303(a)(2)1988—Subsec. (a). , inserted at end “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.”

Pub. L. 100–690, § 6214Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

section 7303(a)(2) of Pub. L. 100–690section 7303(d) of Pub. L. 100–690section 3563 of this titleAmendment by applicable with respect to persons whose probation, supervised release, or parole begins after , see , set out as a note under .

Effective Date

section 235(a)(1) of Pub. L. 98–473section 3551 of this titleSection effective , and applicable only to offenses committed after the taking effect of this section, see , set out as a note under .