Can Supervised Release Be Revoked After the Term Ends?

Generally no. Once your supervised release term ends, a court cannot revoke it unless a warrant or summons was issued before the term ended. In United States v. Holman, the D.C. Circuit threw out a revocation because neither was issued in time.

How supervised release violations are reported

When a probation officer believes you broke a condition, the officer files a violation petition with the court. The petition can ask the judge to take no action, to issue a summons (an order to come to court), or to issue an arrest warrant.

The law on revoking after the term ends

The court's power to act after the term ends comes from 18 U.S.C. § 3583(i):

The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

In plain terms: the court keeps its power after the term ends only if a warrant or summons was issued before it ended.

Anthony Holman's case

Anthony Holman's supervised release was revoked for not paying restitution and for a new charge. But the violation petition was filed after his term had already ended. No summons had been issued before then.

The D.C. Circuit vacated the revocation for lack of jurisdiction. Without a warrant or summons issued in time, § 3583(i) did not apply.

The court also rejected the government's argument that not paying restitution was an "ongoing" violation. Holman paid what he could while he was working. There was no evidence his failure to pay was "willful."

See United States v. Holman, 673 F. App'x 4 (D.C. Cir. 2017) (unpublished judgment).

What this means if your term has ended

Know the exact date your supervised release ends. Your judgment shows the length of the term, and your probation officer can confirm the start date. If you are accused of a violation after that date, check the court docket for whether a warrant or summons was issued before it. If not, the court may have no power to revoke.

If you owe restitution, keep records of every payment and of any change in your income. That helps show that a missed payment was not willful.

Featured image by: Benton Martin (Own work) [CC BY-SA 4.0 (<http://creativecommons.org/licenses/by-sa/4.0)> , via Wikimedia Commons.

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