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Although some distinction in the length of a term of probation is warranted based on the circumstances of the case, a term of probation may also be used to enforce conditions such as fine or restitution payments, or attendance in a program of treatment such as drug rehabilitation. If a defendant has an offense level of 6 or greater, the guidelines provide that a term of probation be at least one year but not more than five years. Subject to statutory restrictions, the guidelines provide that a term of probation may not exceed three years if the offense level is less than 6. Amended effective Novem(amendments 271 and 302) Novem(amendment 462) Novem(amendments 738 and 747).īackground: This section governs the length of a term of probation.
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Historical Note: Effective November 1, 1987. Section 5B1.1(a)(2) provides a transition between the circumstances under which a "straight" probationary term is authorized and those where probation is prohibited. § 3651, the drafters of the Sentencing Reform Act noted that the functional equivalent of the split sentence could be "achieved by a more direct and logically consistent route" by providing that a defendant serve a term of imprisonment followed by a period of supervised release. Although this provision has effectively abolished the use of "split sentences" imposable pursuant to the former 18 U.S.C. § 3561(a)(3), the imposition of a sentence of probation is prohibited where the defendant is sentenced at the same time to a sentence of imprisonment for the same or a different offense. The court may sentence a defendant to a term of probation in any case unless (1) prohibited by statute, or (2) where a term of imprisonment is required under §5C1.1 (Imposition of a Term of Imprisonment). īackground: This section provides for the imposition of a sentence of probation. Amended effective Novem(Amendment 302) Novem(Amendment 462). In such a case, the court may impose a sentence of probation only if it imposes a condition or conditions requiring at least two months of community confinement, home detention, or intermittent confinement, or a combination of community confinement, home detention, and intermittent confinement totaling at least two months.Įffective November 1, 1987. For example, where the offense level is 7 and the criminal history category is II, the guideline range from the Sentencing Table is 2-8 months.
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In such cases, the court may impose probation only if it imposes a condition or combination of conditions requiring a period of community confinement, home detention, or intermittent confinement sufficient to satisfy the minimum term of imprisonment specified in the guideline range. (B) Where the applicable guideline range is in Zone B of the Sentencing Table ( i.e., the minimum term of imprisonment specified in the applicable guideline range is at least one but not more than nine months). In such cases, a condition requiring a period of community confinement, home detention, or intermittent confinement may be imposed but is not required. (A) Where the applicable guideline range is in Zone A of the Sentencing Table ( i.e., the minimum term of imprisonment specified in the applicable guideline range is zero months).
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