Regulations last checked for updates: Nov 22, 2024

Title 28 - Judicial Administration last revised: May 20, 2024
All TitlesTitle 28Chapter IPart 2Subpart D - Subpart D—District of Columbia Supervised Releasees
View all text of Subpart D [§ 2.200 - § 2.220]
§ 2.219 - Maximum terms of imprisonment and supervised release.

(a) Imprisonment; first revocation. When a term of supervised release is revoked, the maximum authorized term of imprisonment that the Commission may require the offender to serve, in accordance with D.C. Code 24-403.01(b)(7), is determined by reference to the maximum authorized term of imprisonment for the offense of conviction. The maximum authorized term of imprisonment at the first revocation shall be:

(1) Five years, if the maximum term of imprisonment authorized for the offense is life, or if the offense is statutorily designated as a Class A felony;

(2) Three years, if the maximum term of imprisonment authorized for the offense is 25 years or more, but less than life, and the offense is not statutorily designated as a Class A felony;

(3) Two years, if the maximum term of imprisonment authorized for the offense is 5 years or more, but less than 25 years; or

(4) One year, if the maximum term of imprisonment authorized for the offense is less than 5 years.

(b) Further term of supervised release; first revocation. (1) When a term of supervised release is revoked, and the Commission imposes less than the maximum term of imprisonment permitted by paragraph (a) of this section, the Commission may also impose a further term of supervised release after imprisonment. A term of imprisonment is “less than the maximum authorized term of imprisonment” if the term is one day or more shorter than the maximum authorized term of imprisonment.

(2) The maximum authorized length of such further term of supervised release shall be the original maximum term of supervised release that the sentencing court was authorized to impose for the offense of conviction, less the term of imprisonment imposed by the Commission upon revocation of supervised release. The original maximum authorized term of supervised release is as follows:

(i) Five years if the maximum term of imprisonment authorized for the offense is 25 years or more;

(ii) Three years if the maximum term of imprisonment authorized for the offense is more than one year but less than 25 years; and

(iii) Life if the person is required to register for life, and 10 years in any other case, if the offender has been sentenced for an offense for which registration is required by the Sex Offender Registration Act of 1999.

(3) For example, if the maximum authorized term of imprisonment at the first revocation is three years and the original maximum authorized term of supervised release is five years, the Commission may impose a three-year term of imprisonment with no supervised release to follow, or any term of imprisonment of less than three years with a further term of supervised release of five years minus the term of imprisonment actually imposed (such as a one-year term of imprisonment followed by a four-year term of supervised release, or a two-year term of imprisonment followed by a three-year term of supervised release).

(c) Reference table. The following table may be used in most cases as a reference to determine both the maximum authorized term of imprisonment at the first revocation and the original maximum authorized term of supervised release:

D.C. Code reference for conviction offense (former code reference in brackets) Offense description Original
maximum authorized term of supervised release 		Maximum authorized term of imprisonment at the first revocation
Title 22
22-301 [22-401]Arson3 years2 years.
22-302 [22-402]Arson: own property3 years2 years.
22-303 [22-403]Destruction of property over $2003 years2 years.
22-401 [22-501]Assault: with intent to kill/rob/poison, to commit sex abuse (1st or 2nd degree) or child sex abuse3 years (10 years if SOR)2 years.
22-401, 4502 [22-501, 3202]Assault: with intent to kill etc. while armed *5 years (10 years if SOR)5 years.
22-402 [22-502]Assault: with a dangerous weapon3 years2 years.
22-403 [22-503]Assault: with intent to commit an offense other than those in § 22-4013 years2 years.
22-404(d) [22-504]Stalking—2nd+ offense3 years1 year.
22-404.01, 4502 [22-504.1, 3202]Assault; aggravated while armed *5 years5 years.
22-404.01(b) [22-504.1]Assault: aggravated3 years2 years.
22-404.01(c) [22-504.1]Assault: attempted aggravated3 years2 years.
22-405(a) [22-505]Assault: on a police officer3 years2 years.
22-405(b) [22-505]Assault: on a police officer while armed3 years2 years.
22-406 [22-506]Mayhem/malicious disfigurement3 years2 years.
22-406, 4502 [22-506, 3202]Mayhem/malicious disfigurement armed *5 years5 years.
22-501 [22-601]Bigamy3 years2 years.
22-601 [22-3427]Breaking and entering machines3 years1 year.
22-704(a)Corrupt influence3 years2 years.
22-712(c)Bribery: public servant3 years2 years.
22-713(c)Bribery: witness3 years2 years.
22-722(b)Obstructing justice *5 years5 years.
22-723(b)Evidence tampering3 years1 year.
22-801(a) [22-1801]Burglary 1st degree5 years3 years
22-801(b) [22-1801]Burglary 2nd degree3 years2 years.
22-801, 4502 [22-1801, 3202]Burglary: armed *5 years5 years
22-902(b)(2) [22-752]Counterfeiting (see statute for offense circumstances)3 years1 year.
22-902(b)(3) [22-752]Counterfeiting (see statute for offense circumstances)3 years2 years.
22-1101(a), (c)(1) [22-901]Cruelty to children 1st degree3 years2 years.
22-1101(b), (c)(2) [22-901]Cruelty to children 2nd degree3 years2 years.
22-1322(d) [22-1122]Inciting riot (with injury)3 years2 years
22-1403 [22-1303]False personation3 years2 years.
22-1404 [22-1304]Impersonating a public official3 years1 year.
22-1510 [22-1410]Bad checks $100 or more3 years1 year.
22-1701 [22-1501]Illegal lottery3 years1 year.
22-1704 [22-1504]Gaming3 years2 years.
22-1710, 1711 [22-1510, 1511]Bucketing: 2nd+ offense3 years2 years.
22-1713(a) [22-1513]Corrupt influence: Athletics3 years2 years.
22-1803 [22-103]Attempted crime of violence3 years2 years.
22-1804 [22-104]Second conviction
One prior conviction
If the underlying offense is punishable by life imprisonment5 years5 years.
If the underlying offense is punishable by 16 2/3 years or more5 years3 years.
If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years3 years2 years.
If underlying offense is punishable by less than 3 1/3 years
Two or more prior convictions		3 years1 years.
If the underlying offense is punishable by life imprisonment5 years5 years.
If the underlying offense is punishable by 8 1/3 years or more5 years3 years.
If the underlying offense is punishable by 1 2/3 years or more but less than 8 1/3 years3 years2 years.
If underlying offense is punishable by less than 1 2/3 years3 years1 year.
22-1804a(a)(1) [22-104a]Three strikes for felonies *5 years5 years.
22-1804a(a)(2) [22-104a]Three strikes for violent felonies *5 years5 years.
22-1805 [22-105]Aiding or abettingsame as for the offense aided or abettedsame as for the offense aided or abetted
22-1805a(a) [22-105a]Conspiracy3 years2 years.
If underlying offense is punishable by less than 5 years3 years1 year.
22-1806 [22-106]Accessory after the fact
If the underlying offense is punishable by 10 years or more3 years2 years.
If the underlying offense is punishable by more than 2 years but less than 10 years3 years1 year.
22-1807 [22-107]Offenses not covered by D.C. Code3 years2 years.
22-1810 [22-2307]Threats (felony)3 years2 years.
22-1901Incest3 years (10 years if SOR)2 years.
22-2001 [22-2101]Kidnapping *5 years5 years.
22-2201, 4502 [22-2101, 3202]Kidnapping: armed *5 years5 years.
22-2101, 2104 [22-2401, 2404]Murder 1st degree *5 years5 years.
22-2101, 2104, 4502 [22-2401, 2404, 3202]Murder 1st degree while armed *5 years5 years.
22-2102, 2104 [22-2402, 2404]Murder 1st degree: obstruction of railway *5 years5 years.
22-2103, 2104 [22-2403, 2404]Murder 2nd degree *5 years5 years.
22-2103, 2104, 4502 [22-2403, 2404, 3202]Murder 2nd degree while armed *5 years5 years.
22-2105 [22-2405]Manslaughter5 years3 years.
22-2105, 4502 [22-2405, 3202]Manslaughter: armed *5 years5 years.
22-2201(e) [22-2001]Obscenity: 2nd+ offense3 years (10 years if SOR)1 year.
22-2402(b) [22-2511]Perjury3 years2 years.
22-2403 [22-2512]Subornation of perjury3 years2 years.
22-2404(b) [22-2413]False swearing3 years1 year.
22-2501 [22-3601]Possessing implements of crime 2nd+ offense3 years2 years.
22-2601(b)Escape3 years2 years.
22-2603Introducing contraband into prison3 years2 years.
22-2704Child prostitution: abducting or harboring3 years (10 years if SOR)2 years.
22-2705 to 2712Prostitution: arranging and related offenses3 years (10 years if child victim and SOR)2 years.
22-2801 [22-2901]Robbery3 years2 years.
22-2801, 4502 [22-2901, 3202]Robbery: armed *5 years5 years.
22-2802 [22-2902]Robbery: attempted3 years1 year.
22-2802, 4502 [22-2902, 3202]Robbery: attempted while armed *5 years5 years.
22-2803(a) [22-2903]Carjacking3 years2 years.
22-2803(b) [22-2903]Carjacking: armed *5 years5 years.
22-3002 [22-4102]Sex abuse 1st degree *5 years (life if SOR)5 years.
22-3002, 4502 [22-4102, 3202]Sex abuse 1st degree while armed *5 years (life if SOR)5 years.
22-3003 [22-4103]Sex abuse 2nd degree3 years (life if SOR)2 years.
22-3003, 4502 [22-4103, 3202]Sex abuse 2nd degree while armed *5 years (life if SOR)5 years.
22-3004 [22-4104]Sex abuse 3rd degree3 years (10 years if SOR)2 years.
22-3005 [22-4105Sex abuse 4th degree3 years (10 years if SOR)2 years.
22-3008 [22-4108]Child sex abuse 1st degree *5 years (life if SOR)5 years.
22-3008, 3020 [22-4108, 4120]Child sex abuse 1st degree with aggravating circumstances *5 years (life if SOR)5 years.
22-3008, 4502 [22-4108, 3202]Child sex abuse 1st degree while armed *5 years (10 years if SOR)5 years.
22-3009 [22-4109]Child sex abuse 2nd degree3 years (10 years if SOR)2 years.
22-3009, 4502 [22-4109, 3202]Child sex abuse 2nd degree while armed *5 years (10 years if SOR)5 years.
22-3010 [22-4110]Enticing a child3 years (10 years if SOR)2 years.
22-3013 [22-4113]Sex abuse ward 1st degree3 years (10 years if SOR)2 years.
22-3014 [22-4114]Sex abuse ward 2nd degree3 years (10 years if SOR)2 years.
22-3015 [22-4115]Sex abuse patient 1st degree3 years (10 years if SOR)2 years.
22-3016 [22-4116]Sex abuse patient 2nd degree3 years (10 years if SOR)2 years.
22-3018 [22-4118]Sex abuse: attempted 1st degree/child sex abuse 1st degree3 years (life if SOR)2 years.
22-3018 [22-4118]Sex abuse: other attempts
If offense attempted is punishable by 10 years or more3 years (life if SOR)2 years.
If the offense attempted is punishable by more than 2 years but less than 10 years3 years (life if SOR)1 year.
22-3020 [22-4120]Sex abuse 1st degree/child sex abuse 1st degree, with aggravating circumstances5 years (life if SOR)5 years.
22-3020 [22-4120]Sex abuse: other offenses with aggravating circumstances
If the underlying offense is punishable by life imprisonment5 years (10 years if SOR)5 years.
If the underlying offense is punishable by 16 2/3 years or more5 years (10 years if SOR)3 years.
If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years3 years (10 years if SOR)2 years.
If underlying offense is punishable by less than 3 1/3 years3 years (10 years if SOR)1 year.
22-3102, 3103 [22-2012, 2013Sex performance with minors3 years (10 years if SOR)2 years.
22-3153Terrorism—Act of Murder 1st degree5 years5 years.
Murder of law enforcement officer or public safety employee5 years5 years.
Murder 2nd degree5 years5 years.
Manslaughter5 years5 years.
Kidnapping5 years5 years.
Assault with intent to kill5 years3 years.
Mayhem/malicious disfigurement3 years2 years.
Arson3 years2 years.
Malicious destruction of property3 years2 years.
Attempt/conspiracy to commit first degree murder, murder of law enforcement officer, second degree murder, manslaughter, kidnapping5 years3 years.
Attempt/conspiracy to commit assault with intent to kill3 years2 years.
Attempt/conspiracy to commit mayhem, malicious disfigurement, arson, malicious destruction of property3 years2 years.
Providing or soliciting material support for act of terrorism3 years2 years.
22-3153, 22-4502 [22-3202]Commiting any of the above acts of terrorism while armed *5 years5 years.
22-3154Manufacture/possession of weapon of mass destruction5 years5 years.
Attempt/conspiracy to possess or manufacture weapon of mass destruction5 years3 years.
22-3155Use, dissemination, or detonation of weapon of mass destruction5 years5 years.
Attempt/conspiracy to use, disseminate, or detonate weapon of mass destruction5 years3 years.
22-3155, 22-4502 [22-3202]Manufacture, possession, use or detonation of weapon of mass destruction while armed or attempts to commit such crimes while armed *5 years5 years.
22-3212 [22-3812]Theft 1st degree3 years2 years.
22-3214.03(d)(2) [22-3814.1]Deceptive labeling3 years2 years.
22-3215(d)(1) [22-3815]Vehicle: Unlawful use of (private)3 years2 years.
22-3215(d)(2) [22-3815]Vehicle: Unlawful use of (rental)3 years1 year.
22-3221(a), 3222(a) [22-3821, 3822]Fraud 1st degree $250 or more3 years2 years.
22-3221(b), 3222(b) [22-3821, 3822]Fraud 2nd degree $250 or more3 years1 year.
22-3223(d)(1) [22-3823]Fraud: credit card $250 or more3 years2 years.
22-3225.02, 3225.04(a) [22-3825.2, 3825.4]Fraud: insurance 1st degree3 years2 years.
22-3225.03, 3225.04(b) [22-3825.3, 3825.4]Fraud: insurance 2nd degree3 years2 years.
22-3231(d) [22-3831]Stolen Property: trafficking in3 years2 years.
22-3232(c)(1) [22-3832]Stolen property: receiving ($250 or more)3 years2 years.
22-3241, 3242 [22-3841, 3842]Forgery:
Legal tender, public record, etc.
Token, prescription
Other
3 years
3 years
3 years
2 years.
2 years.
1 years.
22-3251(b) [22-3851]Extortion3 years2 years.
22-3251(b), 3252(b), 4502 [22-3851, 3852, 3202]Extortion while armed or blackmail with threats of violence *5 years5 years.
22-3252(b) [22-3852]Blackmail3 years2 years.
22-3303 [22-3103]Grave robbing3 years1 year.
22-3305 [22-3105]Destruction of property by explosives3 years2 years.
22-3318 [22-3318]Water pollution (malicious)3 years1 year.
22-3319 [22-3119]Obstructing railways3 years2 years.
22-3601 [22-3901]Senior citizen victim of robbery, attempted robbery, theft, attempted theft, extortion, and fraud
If the underlying offense is punishable by life imprisonment5 years5 years.
If the underlying offense is punishable by 16 2/3 years or more5 years3 years.
If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years3 years2 years.
If the underlying offense is punishable by less than 3 1/3 years3 years1 year.
22-3602 [22-3902]Citizen patrol victim of various violent offenses.
If the underlying offense is punishable by life imprisonment5 years5 years.
If the underlying offense is punishable by 16 2/3 years or more5 years3 years.
If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years3 years2 years.
If the underlying offense is punishable by less than 3 1/3 years3 years1 year.
22-3703 [22-4003]Bias-related crime
If underlying offense is punishable by life imprisonment5 years5 years.
If underlying offense is punishable by 16 2/3 years5 years3 years.
If underlying offense is punishable by more than or equal to 3 1/3 years but less than 16 2/3 years3 years2 years.
If underlying offense is punishable by less than 3 1/3 years3 years1 year.
22-4015 [24-2235]Sex offender, failure to register (2nd offense)3 years2 years.
22-4502 [22-3202]Violent crimes: committing or attempting to commit while armed5 years5 years.
22-4502.01 [22-3202.1]Gun-free zone violations
If underlying offense is a violation of 22-45043 years2 years.
If underlying offense is a violation of 22-4504(b) (possession of firearm while committing crime of violence or dangerous crime)5 years3 years.
22-4503 [22-3203]Pistol: unlawful possession by a felon, etc. 2nd+ offense3 years2 years.
22-4504(a)(1)-(2) [22-3204]Pistol: carrying without a license3 years2 years.
22-4504(b) [22-3204]Firearm: possession while committing crime of violence or dangerous crime3 years2 years.
22-4514 [22-3214]Prohibited weapon: possession of 2nd+ offense3 years2 years.
22-4515a [22-3215a]Molotov cocktails—1st or 2nd offense3 years2 years.
3rd offense5 years5 years.
Title 23
23-1327(a)(1)Bail Reform Act3 years2 years.
23-1328(a)(1)Committing a felony on release3 years2 years.
Title 48
48-904.01(a)-(b) [33-541]Drugs: distribute or possess with intent to distribute
If schedule I or II narcotics or abusive drugs (e.g., heroin, cocaine, PCP, methamphetamine)5 years3 years.
If schedule I or II drugs other than above (e.g., marijuana/hashish), or schedule III drugs3 years2 years.
If schedule IV drugs3 years1 year.
48-904.01, 22-4502 [33-541, 22-3202]Drugs: distribute or possess with intent to distribute while armed*5 years5 years.
48-904.03 [33-543]Drugs: acquiring by fraud3 years1 year.
48-904.03a [33-543a]Drugs: maintaining place for manufacture or distribution5 years3 years.
48-904.06 [33-546]Drugs: distribution to minors
If a schedule I or II narcotic drug (e.g., heroin or cocaine) or PCP5 years3 years.
If schedule I or II drugs other than above (e.g., marijuana, hashish, methamphetamine), or schedule III or IV drugs3 years2 years.
If schedule V drugs3 years1 year.
48-904.07 [33-547]Drugs: enlisting minors to sell3 years2 years.
48-904.07a [33-547.1]Drugs: distribute or possess with intent to distribute in drug-free zones
If schedule I or II narcotics or abusive drugs (e.g., heroin, cocaine, methamphetamine, or PCP)5 years3 years.
If schedule I or II drugs other than above (e.g., marijuana, hashish), or schedule III or IV drugs3 years2 years.
If schedule V drugs3 years1 year.
48-904.08 [33-548]Drugs: 2nd+ offense
Note: This section does not apply if the offender was sentenced under 48-904.06If schedule I or II narcotics or abusive drugs (e.g., heroin, cocaine, methamphetamine, or PCP)5 years3 years.
If schedule I or II drugs other than above (e.g., marijuana, hashish), or schedule III or IV drugs3 years2 years.
If schedule V drugs3 years1 year.
48-904.09 [33-549]Drugs: attempt/conspiracythe same as for the offense that was the object of the attempt or conspiracythe same as for the offense that was the object of the attempt or conspiracy.
48-1103(b) [33-603]Drugs: possession of drug paraphernalia with intent to deliver or sell (2nd + offense)3 years1 year.
48-1103(c) [33-603]Drugs: delivering drug paraphernalia to a minor3 years2 years.
Title 50
50-2203.01 [40-713]Negligent homicide (vehicular)3 years2 years.
50-2207.01 [40-718]Smoke screens3 years2 years.

Notes: (1) An asterisk next to the offense description indicates that the offense is statutorily designated as a Class A felony.

(2) If the defendant must register as a sex offender, the Original Maximum Authorized Term of Supervised Release is the maximum period for which the offender may be required to register as a sex offender under D.C. Code 22-4002(a) and (b) (ten years or life). See D.C. Code 24-403.01(b)(4). Sex offender registration is required for crimes such as first degree sexual abuse, and these crimes are listed in this table with the notation “10 years if SOR” or “life if SOR” as the Original Maximum Authorized Term of Supervised Release. Sex offender registration, however, may also be required for numerous crimes (such as burglary or murder) if a sexual act or contact was involved or was the offender's purpose. In such cases, the offender's status will be determined by the presence of an order from the sentencing judge certifying that the defendant is a sex offender.

(3) If the defendant committed the offense before 5 p.m., August 11, 2000, the maximum authorized terms of imprisonment and supervised release shall be determined by reference to 18 U.S.C. 3583.

(d) Imprisonment; successive revocations. (1) When the Commission revokes a term of supervised release that was imposed by the Commission after a previous revocation of supervised release, the maximum authorized term of imprisonment is the maximum term of imprisonment permitted by paragraph (a) of this section, less the term or terms of imprisonment that were previously imposed by the Commission. In calculating such previously-imposed term or terms of imprisonment, the Commission shall use the term as imposed without deducting any good time credits that may have been earned by the offender prior to his release from prison. In no case shall the total of successive terms of imprisonment imposed by the Commission exceed the maximum authorized term of imprisonment at the first revocation.

(2) For example, if the maximum authorized term of imprisonment at the first revocation is three years and the original maximum authorized term of supervised release is five years, the Commission at the first revocation may have imposed a one-year term of imprisonment and a further four-year term of supervised release. At the second revocation, the maximum authorized term of imprisonment will be two years, i.e., the maximum authorized term of imprisonment at the first revocation (three years) minus the one-year term of imprisonment that was imposed at the first revocation.

(e) Further term of supervised release; successive revocations. (1) When the Commission revokes a term of supervised release that was imposed by the Commission following a previous revocation of supervised release, the Commission may also impose a further term of supervised release. The maximum authorized length of such a term of supervised release shall be the original maximum authorized term of supervised release permitted by paragraph (b) of this section, less the total of the terms of imprisonment imposed by the Commission on the same sentence (including the term of imprisonment imposed in the current revocation).

(2) For example, if the maximum authorized term of imprisonment at the first revocation is three years and the original maximum authorized term of supervised release is five years, the Commission at the first revocation may have imposed a one-year term of imprisonment and a four-year further term of supervised release. If, at a second revocation, the Commission imposes another one-year term of imprisonment, the maximum authorized further term of supervised release will be three years (the original five-year period minus the total of two years of imprisonment).

(f) Effect of sentencing court imposing less than the original maximum authorized term of supervised release. If the Commission has revoked supervised release, the maximum authorized period of further supervised release is determined by reference to the original maximum authorized term permitted for the offense of conviction (see paragraph (b) of this section), even if the sentencing court did not impose the original maximum authorized term permitted for the offense of conviction.

authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6)
source: 42 FR 39809, Aug. 5, 1977, unless otherwise noted.
cite as: 28 CFR 2.219
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