Inclusion of a term of supervised release after imprisonment

Section 3583 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking The court and inserting the following: (1) In general The court; and (B) by adding at the end the following: (2) Individualized assessment When determining whether to include a term of supervised release as part of the sentence, and except to the extent that a term of supervised release is required by statute as described in paragraph (1), the court shall— (A) make an individualized assessment under the factors set forth in subsections (c) and (d) as to— (i) whether such a term is appropriate; and (ii) the appropriate length and conditions of such a term; and (B) provide the reasons of the court for imposing or not imposing such a term on the record.; (2) in subsection (d), in the fifth sentence, by striking shall also and inserting may also; (3) in subsection (e)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (B) by striking The court may, and inserting the following: (1) In general Subject to paragraph (2), the court may,; (C) in subparagraph (A), as so redesignated, by striking after the expiration of one year of supervised release; (D) in subparagraph (C), as so redesignated, by striking this paragraph and inserting this subparagraph; (E) in subparagraph (D), as so redesignated, by striking this paragraph and inserting this subparagraph; and (F) by adding at the end the following: (2) Termination of supervised release For purposes of the termination of supervised release under paragraph (1)(A)— (A) after a defendant has served the lesser of 1 year of supervised release or 50 percent of the term of supervised release imposed on the defendant, the Administrative Office of the United States Courts shall provide notice to a defendant, defendant’s counsel, and any local Federal Public Defender Organization or Community Defender Organization of the opportunity to seek early termination of supervised release under paragraph (1)(A) and the process for doing so; (B) there shall be a presumption of early termination of supervised release for a defendant under supervision if— (i) (I) for a defendant serving a term of supervised release imposed in connection with a conviction for an offense described in subsection (a) of section 16, the defendant has served 66.6 percent of the term of supervised release imposed on the defendant; or (II) for a defendant other than a defendant described in subclause (I), the defendant has served 50 percent of the term of supervised release imposed on the defendant; (ii) the defendant has demonstrated good conduct and compliance while on supervised release; and (iii) the early termination will not jeopardize public safety; (C) the Government shall have an opportunity to object to a request for termination of supervised release and to present evidence, which the defendant shall have the opportunity to rebut, in any proceeding relating to such request; and (D) crime victims’ rights under section 3771 shall apply to any proceeding relating to a request for early termination of supervised release. (3) Public safety In assessing whether early termination of supervised release will not jeopardize public safety under this subsection, the court shall consider the nature of the offense committed by the defendant, the defendant’s criminal history, the defendant’s record while incarcerated (including good behavior and violations of prison rules), the defendant’s efforts to avoid recidivism, the defendant’s health status, any statements or information provided by victims of the offense, and other factors the court may find relevant to public safety. (4) Good conduct and compliance In assessing whether the defendant has demonstrated good conduct and compliance under this subsection, the court shall consider the defendant’s efforts to reintegrate into the community and the defendant’s substantial compliance with the conditions of supervision. (5) Assistance of counsel The court may appoint a Federal public defender, a community defender, or other counsel qualified to be appointed under section 3006A to assist a defendant seeking early termination of supervised release under paragraph (1)(A) or modification of conditions under paragraph (1)(B). (6) Rule of construction Paragraph (2)(B) shall not be construed to limit the discretion of a court under paragraph (1). (7) Clarification The early termination of supervised release under paragraph (1)(A) does not require extraordinary conduct or unforeseen circumstances. (8) Applicability The ability to seek the early termination of supervised release under paragraph (1)(A) shall not be affected by the plea agreement of the defendant.; (4) in subsection (g)— (A) in the subsection heading, by striking possession of controlled substance or firearm or for refusal To comply with drug testing and inserting distribution of a controlled substance or possession of a firearm; (B) by amending paragraph (1) to read as follows: (1) (A) possesses a controlled substance with the intent to distribute; or (B) possesses a controlled substance, the possession of which may be punished under Federal law by imprisonment for a term exceeding 1 year;; (C) in paragraph (2), by inserting or at the end; (D) by amending paragraph (3) to read as follows: (3) willfully refuses to comply with drug testing imposed as a condition of supervised release;; (E) by striking paragraph (4); and (F) in the matter following paragraph (4), by striking subsection (e)(3) and inserting subsection (e)(1)(C); and (5) in subsection (k), in the second sentence, by striking subsection (e)(3) and inserting subsection (e)(1)(C).