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Early Termination of Supervised Release

At Sammis Law Firm in Tampa, FL, our attorneys can help you file and litigate a “motion for early termination” of supervised release or probation pursuant to 18 U.S.C. § 3583(e)(1) in the U.S. District Courts. We can also assist you in modifying the terms of your probation or supervised release.

The motions for early termination of supervised release or federal probation include facts showing:

  1. when you were sentenced by the federal court and the terms supervised release or probation;
  2. when the term of supervised released is currently scheduled to terminate;
  3. the percentage of the original term of supervised release that you have already completed;
  4. whether you were required to complete any other sanctions while on supervised release including the payment of restitution;
  5. whether you have the ability to satisfy the restitution amount;
  6. whether you have continuously made monthly payments or missed any payments;
  7. whether you have the ability to pay the restitution in full before the term of supervised release expires; and
  8. the reasons why you want the supervised release terminated early;
  9. why terminating supervised release early is in the interest of justice;
  10. whether the probation officer agrees that the subject is in full compliance in all areas of supervision, including making monthly payments on any restitution obligation; and
  11. whether the Assistant United States Attorney has reviewed the petition, discussed it with the probation officer, and authorized defense counsel to inform the Court that the government has no objection to the petition.

This article explains all of the factors considered by the federal courts when deciding whether to grant or deny a motion for early termination of supervised release or federal probation.

The most important factors include completing all of the terms of supervision and having no need for additional programs or treatment. The federal court will consider your progressive strides towards payment of any restitution obligation and the ability to continue to do so even after supervision is completed.

Attorney for Early Termination of Federal Probation in Tampa, FL

Hire an attorney at Sammis Law Firm in Tampa, FL, to help you file and litigate a motion for early termination of supervised release or federal probation for any federal case pending in the Middle District of Florida, Tampa Division.

Before filing the motion for early termination, we will confer with the supervising probation officer and the Assistant United States Attorney (AUSA). The goal of those meetings is to convince the supervising probation officer and the AUSA that the government should not oppose the request.

If the supervising probation officer or AUSA agrees, the Court might be more likely to enter an order allowing the term of supervision or probation to be terminated early pursuant to 18 U.S.C. § 3583(e).

The attorneys at Sammis Law Firm also represent clients accused of violating probation or seeking early termination of probation in state court.

Call 813-250-0500.

Why the Courts Terminate Supervised Release Early

Title 18, United States Code, Section 3583(e)(1), authorizes the Court to terminate a term of supervised release at any time after the expiration of one year of supervision, if the Court is “satisfied that such action is warranted by the conduct of the defendant released and the interest of justice.”

Section 3583(e) directs the Court to consider the purposes of sentencing set forth in 18 U.S.C. § 3553(a) when deciding whether to terminate supervised release early.

According to the Guide to Judiciary Policy, Vol. 8E, Ch. 3 § 380.10(b), on “Early Termination,” the Judicial Conference determined that the court should consider the suitability of early termination for offenders as soon as they are statutorily eligible.

The Judicial Conference also identified the following general criteria for assessing whether a statutorily eligible offender should be recommended to the court as an appropriate candidate for early termination:

  1. no identifiable risk to public safety based on the Risk Prediction Index (RPI);
  2. no identifiable risk to the safety of any identifiable victim;
  3. no recent psychiatric episodes;
  4. no recent evidence of alcohol or drug abuse;
  5. no recent arrests or convictions (including unresolved pending charges), or ongoing, uninterrupted patterns of criminal conduct;
  6. no history of violence (e.g., sexually assaultive, predatory behavior, or domestic violence);
  7. no aggravated role in the offense of conviction, particularly large drug or fraud offenses;
  8. progressive strides toward supervision objectives and in compliance with all conditions of supervision; and
  9. stable community reintegration (e.g., residence, family, employment).

Under § 380.10(c), the existence of an outstanding financial penalty per se does not adversely affect early termination eligibility as long as the offender has been paying in accordance with the payment plan.

Pursuant to the policy, “there is a presumption in favor of recommending early termination” for supervisees after the first 18 months if they are not “career violent and/or drug offenders, sex offenders, or terrorists,” if they “present no identified risk to the public or victims,” and if they are “free from any moderate or high severity violations.” Id., § 380.10(g).

Additionally, on February 16, 2012, the Honorable Robert Holmes Bell, Chair of the Committee on Criminal Law of the Judicial Conference, issued a memorandum to all United States District Court Judges encouraging them to grant early termination of supervised release in appropriate cases as an effort to reduce expenditures in the probation and pretrial services programs.

Terminating “appropriate cases before they reach their full term saves resources and allows officers to focus on offenders who continue to pose the greatest risk of recidivism.” Judge Bell’s memorandum notes that supervision costs approximately $3,938 per year per case.

Analysis by the Administrative Office of the Courts indicates that offenders who received early termination were “arrested less often, for less serious charges, and were sentenced to terms of imprisonment less often.” Accordingly, “[f]rom a policy standpoint, it appears that the above criteria, when properly applied, does not jeopardize public safety.” Id.

The Limited Purpose of Supervised Release

The rules for the modification or early termination recognize the purpose of supervised release as explained by the Supreme Court of the United States:

Congress intended supervised release to assist individuals in their transition to community life. Supervised release fulfills rehabilitative ends distinct from those served by incarceration. See Sec. 3553(a)(2)(D); U.S. Sentencing Commission, Guidelines Manual Section 5D1.3(c),(d),(e)(Nov. 1998) see also S. Rep No. 98-225, p.124(1983) declaring that the primary goal of supervised release is to ease the defendant’s transition into the community after the service of a long prison term for a particularly serious offense, or to provide rehabilitation to a defendant who has spent a fairly short period in prison for punishment or other purposes but still needs supervision and training programs after release… Johnson v. US, 529 US 694 (2000).

Additional Resources

Probation and Pretrial Services in Tampa, FL – In the U.S. District Court Middle District of Florida in the Tampa Division, the Probation and Pretrial Services office is located at 501 E. Polk St., Room 800, Tampa, FL 33602. Federal probation officers assigned probationers to medium or low risk supervision which might require monthly reports or e-reporting, travel restrictions, and the payment of fines, court costs, or restitution.

Authority for Probation and Supervised Release Conditions – Visit the website of the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary to learn more about the courts authority to impose probation or supervised released conditions.

This article was last updated on Thursday, May 7, 2020.

 

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