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§ 3582. Imposition of a sentence of imprisonment

Summary

These pages of Title 18 print § 3582, Imposition of a sentence of imprisonment, with § 3581 and part of § 3583. Under subsection (a), the court weighs the section 3553(a) factors, "recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation." Under subsection (c), a court may not modify a prison term except in listed cases, including a motion by the Director of the Bureau of Prisons, or by the defendant after exhausting administrative appeals or the lapse of 30 days, for extraordinary and compelling reasons, or for a defendant at least 70 years of age who has served at least 30 years. Subsection (d) requires the Bureau of Prisons to notify a terminally ill defendant's attorney, partner and family within 72 hours of the diagnosis. Section 3581 lists authorized terms, from life for a Class A felony to five days for an infraction.

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Page 809                       TITLE 18—CRIMES AND CRIMINAL PROCEDURE                                              § 3582

tion, see section 235(a)(1) of Pub. L. 98–473, set out as a           Statutory Notes and Related Subsidiaries
note under section 3551 of this title.
                                                                                   EFFECTIVE DATE
§ 3574. Implementation of a sentence of fine                     Section effective Nov. 1, 1987, and applicable only to
                                                               offenses committed after the taking effect of this sec-
  The implementation of a sentence to pay a                    tion, see section 235(a)(1) of Pub. L. 98–473, set out as a
fine is governed by the provisions of subchapter               note under section 3551 of this title.
B of chapter 229.
                                                               § 3582. Imposition of a sentence of imprisonment
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 1997.)                                            (a) FACTORS TO BE CONSIDERED IN IMPOSING A
                                                               TERM OF IMPRISONMENT.—The court, in deter-
                       Editorial Notes                         mining whether to impose a term of imprison-
                     PRIOR PROVISIONS                          ment, and, if a term of imprisonment is to be
                                                               imposed, in determining the length of the term,
  For prior sections 3574 to 3580, applicable to offenses
                                                               shall consider the factors set forth in section
committed prior to Nov. 1, 1987, see note set out pre-
ceding section 3551 of this title.                             3553(a) to the extent that they are applicable,
                                                               recognizing that imprisonment is not an appro-
        Statutory Notes and Related Subsidiaries               priate means of promoting correction and reha-
                                                               bilitation. In determining whether to make a
                      EFFECTIVE DATE
                                                               recommendation concerning the type of prison
  Section effective Nov. 1, 1987, and applicable only to       facility appropriate for the defendant, the court
offenses committed after the taking effect of this sec-        shall consider any pertinent policy statements
tion, see section 235(a)(1) of Pub. L. 98–473, set out as a    issued by the Sentencing Commission pursuant
note under section 3551 of this title.
                                                               to 28 U.S.C. 994(a)(2).
        SUBCHAPTER D—IMPRISONMENT                                (b) EFFECT OF FINALITY OF JUDGMENT.—Not-
                                                               withstanding the fact that a sentence to impris-
          SUBCHAPTER D—IMPRISONMENT 1                          onment can subsequently be—
Sec.                                                               (1) modified pursuant to the provisions of
3581.     Sentence of imprisonment.                              subsection (c);
3582.     Imposition of a sentence of imprisonment.                (2) corrected pursuant to the provisions of
3583.     Inclusion of a term of supervised release after        rule 35 of the Federal Rules of Criminal Proce-
            imprisonment.
                                                                 dure and section 3742; or
3584.     Multiple sentences of imprisonment.
3585.     Calculation of a term of imprisonment.
                                                                   (3) appealed and modified, if outside the
3586.     Implementation of a sentence of imprison-              guideline range, pursuant to the provisions of
            ment.                                                section 3742;
                                                               a judgment of conviction that includes such a
                       Editorial Notes
                                                               sentence constitutes a final judgment for all
                        AMENDMENTS                             other purposes.
  1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13,     (c) MODIFICATION OF AN IMPOSED TERM OF IM-
1994, 108 Stat. 2143, transferred analysis of this sub-        PRISONMENT.—The court may not modify a term
chapter to follow heading for this subchapter.                 of imprisonment once it has been imposed ex-
                                                               cept that—
§ 3581. Sentence of imprisonment                                   (1) in any case—
  (a) IN GENERAL.—A defendant who has been                           (A) the court, upon motion of the Director
found guilty of an offense may be sentenced to                     of the Bureau of Prisons, or upon motion of
a term of imprisonment.                                            the defendant after the defendant has fully
  (b) AUTHORIZED TERMS.—The authorized terms                       exhausted all administrative rights to ap-
of imprisonment are—                                               peal a failure of the Bureau of Prisons to
    (1) for a Class A felony, the duration of the                  bring a motion on the defendant’s behalf or
  defendant’s life or any period of time;                          the lapse of 30 days from the receipt of such
    (2) for a Class B felony, not more than twen-                  a request by the warden of the defendant’s
  ty-five years;                                                   facility, whichever is earlier, may reduce the
    (3) for a Class C felony, not more than twelve                 term of imprisonment (and may impose a
  years;                                                           term of probation or supervised release with
    (4) for a Class D felony, not more than six                    or without conditions that does not exceed
  years;                                                           the unserved portion of the original term of
    (5) for a Class E felony, not more than three                  imprisonment), after considering the factors
  years;                                                           set forth in section 3553(a) to the extent that
    (6) for a Class A misdemeanor, not more                        they are applicable, if it finds that—
  than one year;                                                        (i) extraordinary and compelling reasons
    (7) for a Class B misdemeanor, not more than                     warrant such a reduction; or
  six months;                                                           (ii) the defendant is at least 70 years of
    (8) for a Class C misdemeanor, not more than                     age, has served at least 30 years in prison,
  thirty days; and                                                   pursuant to a sentence imposed under sec-
    (9) for an infraction, not more than five                        tion 3559(c), for the offense or offenses for
  days.                                                              which the defendant is currently impris-
                                                                     oned, and a determination has been made
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,               by the Director of the Bureau of Prisons
1984, 98 Stat. 1998.)                                                that the defendant is not a danger to the
                                                                     safety of any other person or the commu-
 1 So in original. Probably should not appear.                       nity, as provided under section 3142(g);
§ 3582                   TITLE 18—CRIMES AND CRIMINAL PROCEDURE                               Page 810

    and that such a reduction is consistent with            (iii) upon request from the defendant or
    applicable policy statements issued by the            his attorney, partner, or family member,
    Sentencing Commission; and                            ensure that Bureau of Prisons employees
      (B) the court may modify an imposed term            assist the defendant in the preparation,
    of imprisonment to the extent otherwise ex-           drafting, and submission of a request for a
    pressly permitted by statute or by Rule 35 of         sentence reduction pursuant to subsection
    the Federal Rules of Criminal Procedure;              (c)(1)(A); and
    and
                                                          (C) ensure that all Bureau of Prisons fa-
    (2) in the case of a defendant who has been         cilities regularly and visibly post, including
  sentenced to a term of imprisonment based on          in prisoner handbooks, staff training mate-
  a sentencing range that has subsequently been         rials, and facility law libraries and medical
  lowered by the Sentencing Commission pursu-           and hospice facilities, and make available to
  ant to 28 U.S.C. 994(o), upon motion of the de-       prisoners upon demand, notice of—
  fendant or the Director of the Bureau of Pris-            (i) a defendant’s ability to request a sen-
  ons, or on its own motion, the court may re-            tence reduction pursuant to subsection
  duce the term of imprisonment, after consid-            (c)(1)(A);
  ering the factors set forth in section 3553(a) to         (ii) the procedures and timelines for ini-
  the extent that they are applicable, if such a          tiating and resolving requests described in
  reduction is consistent with applicable policy          clause (i); and
  statements issued by the Sentencing Commis-               (iii) the right to appeal a denial of a re-
  sion.                                                   quest described in clause (i) after all ad-
  (d) NOTIFICATION REQUIREMENTS.—                         ministrative rights to appeal within the
    (1) TERMINAL ILLNESS DEFINED.—In this sub-            Bureau of Prisons have been exhausted.
  section, the term ‘‘terminal illness’’ means a         (3) ANNUAL REPORT.—Not later than 1 year
  disease or condition with an end-of-life trajec-     after December 21, 2018, and once every year
  tory.                                                thereafter, the Director of the Bureau of Pris-
    (2) NOTIFICATION.—The Bureau of Prisons
                                                       ons shall submit to the Committee on the Ju-
  shall, subject to any applicable confidentiality
                                                       diciary of the Senate and the Committee on
  requirements—
      (A) in the case of a defendant diagnosed         the Judiciary of the House of Representatives
    with a terminal illness—                           a report on requests for sentence reductions
        (i) not later than 72 hours after the diag-    pursuant to subsection (c)(1)(A), which shall
      nosis notify the defendant’s attorney,           include a description of, for the previous
      partner, and family members of the de-           year—
      fendant’s condition and inform the defend-           (A) the number of prisoners granted and
      ant’s attorney, partner, and family mem-           denied sentence reductions, categorized by
      bers that they may prepare and submit on           the criteria relied on as the grounds for a re-
      the defendant’s behalf a request for a sen-        duction in sentence;
      tence reduction pursuant to subsection               (B) the number of requests initiated by or
      (c)(1)(A);                                         on behalf of prisoners, categorized by the
        (ii) not later than 7 days after the date of     criteria relied on as the grounds for a reduc-
      the diagnosis, provide the defendant’s             tion in sentence;
      partner and family members (including ex-            (C) the number of requests that Bureau of
      tended family) with an opportunity to              Prisons employees assisted prisoners in
      visit the defendant in person;                     drafting, preparing, or submitting, cat-
        (iii) upon request from the defendant or         egorized by the criteria relied on as the
      his attorney, partner, or a family member,         grounds for a reduction in sentence, and the
      ensure that Bureau of Prisons employees            final decision made in each request;
      assist the defendant in the preparation,             (D) the number of requests that attorneys,
      drafting, and submission of a request for a        partners, or family members submitted on a
      sentence reduction pursuant to subsection          defendant’s behalf, categorized by the cri-
      (c)(1)(A); and                                     teria relied on as the grounds for a reduction
        (iv) not later than 14 days of receipt of a      in sentence, and the final decision made in
      request for a sentence reduction submitted         each request;
      on the defendant’s behalf by the defendant           (E) the number of requests approved by the
      or the defendant’s attorney, partner, or           Director of the Bureau of Prisons, cat-
      family member, process the request;                egorized by the criteria relied on as the
      (B) in the case of a defendant who is phys-        grounds for a reduction in sentence;
    ically or mentally unable to submit a re-              (F) the number of requests denied by the
    quest for a sentence reduction pursuant to           Director of the Bureau of Prisons and the
    subsection (c)(1)(A)—                                reasons given for each denial, categorized by
        (i) inform the defendant’s attorney, part-       the criteria relied on as the grounds for a re-
      ner, and family members that they may              duction in sentence;
      prepare and submit on the defendant’s be-            (G) for each request, the time elapsed be-
      half a request for a sentence reduction            tween the date the request was received by
      pursuant to subsection (c)(1)(A);                  the warden and the final decision, cat-
        (ii) accept and process a request for sen-       egorized by the criteria relied on as the
      tence reduction that has been prepared and         grounds for a reduction in sentence;
      submitted on the defendant’s behalf by the           (H) for each request, the number of pris-
      defendant’s attorney, partner, or family           oners who died while their request was pend-
      member under clause (i); and                       ing and, for each, the amount of time that
Page 811                     TITLE 18—CRIMES AND CRIMINAL PROCEDURE                                                 § 3583

    had elapsed between the date the request                  the defendant after the defendant has fully exhausted
    was received by the Bureau of Prisons, cat-               all administrative rights to appeal a failure of the Bu-
    egorized by the criteria relied on as the                 reau of Prisons to bring a motion on the defendant’s be-
                                                              half or the lapse of 30 days from the receipt of such a
    grounds for a reduction in sentence;
                                                              request by the warden of the defendant’s facility,
       (I) the number of Bureau of Prisons notifi-            whichever is earlier,’’ after ‘‘Bureau of Prisons,’’.
    cations to attorneys, partners, and family                   Subsecs. (d), (e). Pub. L. 115–391, § 603(b)(2), (3), added
    members of their right to visit a terminally              subsec. (d) and redesignated former subsec. (d) as (e).
    ill defendant as required under paragraph                    2002—Subsec. (c)(1)(A). Pub. L. 107–273 inserted ‘‘(and
    (2)(A)(ii) and, for each, whether a visit oc-             may impose a term of probation or supervised release
    curred and how much time elapsed between                  with or without conditions that does not exceed the
                                                              unserved portion of the original term of imprison-
    the notification and the visit;                           ment)’’ after ‘‘may reduce the term of imprisonment’’
       (J) the number of visits to terminally ill             in introductory provisions.
    prisoners that were denied by the Bureau of                  1996—Subsec. (c)(1)(A)(i). Pub. L. 104–294 inserted ‘‘or’’
    Prisons due to security or other concerns,                after semicolon at end.
    and the reasons given for each denial; and                   1994—Subsec. (c)(1)(A). Pub. L. 103–322, inserted a dash
       (K) the number of motions filed by defend-             after ‘‘if it finds that’’, designated ‘‘extraordinary and
    ants with the court after all administrative              compelling reasons warrant such a reduction’’ as cl. (i),
                                                              inserted a semicolon at end of cl. (i), realigned margins
    rights to appeal a denial of a sentence reduc-            accordingly, and added cl. (ii) before concluding provi-
    tion had been exhausted, the outcome of                   sions.
    each motion, and the time that had elapsed                   1990—Subsec. (b)(2). Pub. L. 101–647 inserted ‘‘of the
    between the date the request was first re-                Federal Rules of Criminal Procedure’’ after ‘‘rule 35’’.
    ceived by the Bureau of Prisons and the date                 1988—Subsec. (c)(2). Pub. L. 100–690 substituted
    the defendant filed the motion with the                   ‘‘994(o)’’ for ‘‘994(n)’’.
    court.
                                                                     Statutory Notes and Related Subsidiaries
  (e) INCLUSION OF AN ORDER TO LIMIT CRIMINAL
                                                                        EFFECTIVE DATE OF 1996 AMENDMENT
ASSOCIATION OF ORGANIZED CRIME AND DRUG OF-
FENDERS.—The court, in imposing a sentence to                   Amendment by Pub. L. 104–294 effective Sept. 13, 1994,
a term of imprisonment upon a defendant con-                  see section 604(d) of Pub. L. 104–294, set out as a note
                                                              under section 13 of this title.
victed of a felony set forth in chapter 95 (racket-
eering) or 96 (racketeer influenced and corrupt                                    EFFECTIVE DATE
organizations) of this title or in the Comprehen-               Section effective Nov. 1, 1987, and applicable only to
sive Drug Abuse Prevention and Control Act of                 offenses committed after the taking effect of this sec-
1970 (21 U.S.C. 801 et seq.), or at any time there-           tion, see section 235(a)(1) of Pub. L. 98–473, set out as a
after upon motion by the Director of the Bureau               note under section 3551 of this title.
of Prisons or a United States attorney, may in-
                                                              § 3583. Inclusion of a term of supervised release
clude as a part of the sentence an order that re-
                                                                  after imprisonment
quires that the defendant not associate or com-
municate with a specified person, other than his                (a) IN GENERAL.—The court, in imposing a sen-
attorney, upon a showing of probable cause to                 tence to a term of imprisonment for a felony or
believe that association or communication with                a misdemeanor, may include as a part of the
such person is for the purpose of enabling the                sentence a requirement that the defendant be
defendant to control, manage, direct, finance, or             placed on a term of supervised release after im-
otherwise participate in an illegal enterprise.               prisonment, except that the court shall include
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,        as a part of the sentence a requirement that the
1984, 98 Stat. 1998; amended Pub. L. 100–690, title           defendant be placed on a term of supervised re-
                                                              lease if such a term is required by statute or if
VII, § 7107, Nov. 18, 1988, 102 Stat. 4418; Pub. L.
                                                              the defendant has been convicted for the first
101–647, title XXXV, § 3588, Nov. 29, 1990, 104 Stat.
4930; Pub. L. 103–322, title VII, § 70002, Sept. 13,          time of a domestic violence crime as defined in
1994, 108 Stat. 1984; Pub. L. 104–294, title VI,              section 3561(b).
                                                                (b) AUTHORIZED TERMS OF SUPERVISED RE-
§ 604(b)(3), Oct. 11, 1996, 110 Stat. 3506; Pub. L.
                                                              LEASE.—Except as otherwise provided, the au-
107–273, div. B, title III, § 3006, Nov. 2, 2002, 116
                                                              thorized terms of supervised release are—
Stat. 1806; Pub. L. 115–391, title VI, § 603(b), Dec.             (1) for a Class A or Class B felony, not more
21, 2018, 132 Stat. 5239.)                                      than five years;
                                                                  (2) for a Class C or Class D felony, not more
                     Editorial Notes
                                                                than three years; and
                  REFERENCES IN TEXT                              (3) for a Class E felony, or for a misdemeanor
                                                                (other than a petty offense), not more than
  The Federal Rules of Criminal Procedure, referred to
in subsec. (b)(2), are set out in the Appendix to this
                                                                one year.
title.                                                          (c) FACTORS TO BE CONSIDERED IN INCLUDING A
  The Comprehensive Drug Abuse Prevention and Con-            TERM OF SUPERVISED RELEASE.—The court, in
trol Act of 1970, referred to in subsec. (e), is Pub. L.      determining whether to include a term of super-
91–513, Oct. 27, 1970, 84 Stat. 1236, which is classified
                                                              vised release, and, if a term of supervised release
principally to chapter 13 (§ 801 et seq.) of Title 21, Food
and Drugs. For complete classification of this Act to         is to be included, in determining the length of
the Code, see Short Title note set out under section 801      the term and the conditions of supervised re-
of Title 21 and Tables.                                       lease, shall consider the factors set forth in sec-
                                                              tion 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4),
                      AMENDMENTS                              (a)(5), (a)(6), and (a)(7).
  2018—Subsec. (c)(1)(A). Pub. L. 115–391, § 603(b)(1), in      (d) CONDITIONS OF SUPERVISED RELEASE.—The
introductory provisions, inserted ‘‘or upon motion of         court shall order, as an explicit condition of su-


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