The Sex Offender Registration and Notification Act, referred to in subsecs. (a)(8) and (b)(23), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§ 16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34 and Tables.

Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (a)(9), is section 3 of Pub. L. 106–546, which is classified to section 40702 of Title 34, Crime Control and Law Enforcement.

Section 238(d)(5) of the Immigration and Nationality Act, referred to in subsec. (b)(21), is classified to section 1228(d)(5) of Title 8, Aliens and Nationality.

The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.

For a prior section 3563, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.

2008—Subsec. (a)(2). Pub. L. 110–406, § 14(a), substituted “(b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or” for “(b)(2), (b)(3), or (b)(13),”.

Subsec. (b)(10). Pub. L. 110–406, § 14(c), inserted “or supervised release” after “probation”.

2006—Subsec. (a)(8). Pub. L. 109–248, § 141(d), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “for a person described in section 4042(c)(4), that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994); and”.

Subsec. (b)(21). Pub. L. 109–248, § 210(a)(1), which directed amendment of par. (21) by striking “or”, was executed by striking “or” at the end of the par. to reflect the probable intent of Congress.

Subsec. (b)(22). Pub. L. 109–248, § 210(a)(2), substituted “or;” for period at end.

Subsec. (b)(23). Pub. L. 109–248, § 210(a)(3), added par. (23).

2002—Subsec. (a). Pub. L. 107–273, § 4002(e)(12)(A), made technical correction to directory language of Pub. L. 105–119, § 115(a)(8)(B)(i). See 1997 Amendment note below.

Subsec. (a)(3) to (5). Pub. L. 107–273, § 4002(c)(1), repealed Pub. L. 104–294, § 601(k)(1), (2). See 1996 Amendment notes below.

Subsec. (e). Pub. L. 107–273, § 4002(e)(12)(B), made technical correction to directory language of Pub. L. 107–273, § 115(a)(8)(B)(ii). See 1997 Amendment note below.

2000—Subsec. (a)(9). Pub. L. 106–546 added par. (9).

1997—Subsec. (a). Pub. L. 105–119, § 115(a)(8)(B)(i), as amended by Pub. L. 107–273, § 4002(e)(12)(A), struck out at end “The results of a drug test administered in accordance with paragraph (4) shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A defendant who tests positive may be detained pending verification of a positive drug test result. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3565(b), when considering any action against a defendant who fails a drug test administered in accordance with paragraph (4).” and inserted these provisions at the end of this section.

Subsec. (a)(6), (7). Pub. L. 105–119, § 115(a)(8)(B)(iii)(I), made technical amendment to place pars. (6) and (7) in numerical order immediately after par. (5).

Subsec. (a)(8). Pub. L. 105–119, § 115(a)(8)(B)(iii)(II)– (IV), added par. (8).

Subsec. (e). Pub. L. 105–119, § 115(a)(8)(B)(ii), as amended by Pub. L. 107–273, § 4002(e)(12)(B), designated provisions which were struck out from the concluding provisions of subsec. (a) and inserted at the end of this section by Pub. L. 105–119, § 115(a)(8)(B)(i), as amended, as subsec. (e), inserted subsec. heading, and substituted “subsection (a)(5)” for “paragraph (4)” in two places.

1996—Subsec. (a)(3). Pub. L. 104–294, § 601(k)(2)(A), which could not be executed due to prior amendment by Pub. L. 104–132, § 203(1)(A), was repealed by Pub. L. 107–273, § 4002(c)(1). See below.

Pub. L. 104–132, § 203(1)(A), struck out “and” at end of par. (3).

Subsec. (a)(4), (5). Pub. L. 104–294, § 601(k)(3), transferred pars. (4) and (5) to appear in numerical order.

Pub. L. 104–294, § 601(k)(1), (2)(B), which could not be executed due to prior amendment by Pub. L. 104–132, § 203(1)(B)–(D), was repealed by Pub. L. 107–273, § 4002(c)(1). See below.

Pub. L. 104–132, § 203(1)(B)–(D), redesignated second par. (4), relating to conditions of probation concerning drug use and testing, as (5), and substituted semicolon for period at end of pars. (4) and (5).

Subsec. (a)(6), (7). Pub. L. 104–132, § 203(1)(E), added pars. (6) and (7).

Subsec. (b)(2). Pub. L. 104–132, § 203(2)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “make restitution to a victim of the offense under sections 3663 and 3664 (but not subject to the limitations of section 3663(a));”.

Pub. L. 104–132, § 203(2)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “pay a fine imposed pursuant to the provisions of subchapter C;”.

Subsec. (b)(3) to (20). Pub. L. 104–132, § 203(2)(B), redesignated pars. (4) to (21) as (3) to (20), respectively. Former par. (3) redesignated (2).

Subsec. (b)(21). Pub. L. 104–208, § 374(b), added par. (21). Former par. (21) redesignated (22).

Pub. L. 104–208, § 308(g)(10)(E), substituted “238(d)(5)” for “242A(d)(5)”.

Pub. L. 104–132, § 203(2)(B), redesignated par. (22) as (21). Former par. (21) redesignated (20).

Subsec. (b)(22). Pub. L. 104–208, § 374(b), redesignated par. (21) as (22).

Pub. L. 104–132, § 203(b)(2), redesignated par. (22) as (21).

1994—Subsec. (a). Pub. L. 103–322, § 20414(b)(4), inserted at end of concluding provisions “The results of a drug test administered in accordance with paragraph (4) shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A defendant who tests positive may be detained pending verification of a positive drug test result. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual’s current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3565(b), when considering any action against a defendant who fails a drug test administered in accordance with paragraph (4).”

Subsec. (a)(2). Pub. L. 103–322, §§ 20414(b)(1), 320921(b)(1), amended par. (2) identically, striking out “and” at end.

Subsec. (a)(3). Pub. L. 103–322, § 280002, substituted “unlawfully possess a controlled substance” for “possess illegal controlled substances”.

Pub. L. 103–322, §§ 20414(b)(2), 320921(b)(2), amended par. (3) identically, substituting “; and” for period at end.

Subsec. (a)(4). Pub. L. 103–322, § 320921(b)(3), added par. (4) relating to attendance at a rehabilitation program in the case of conviction of a domestic violence crime.

Pub. L. 103–322, § 20414(b)(3), added at end of subsec. (a) par. (4) relating to conditions of probation concerning drug use and testing.

1992—Subsec. (b)(21), (22). Pub. L. 102–521 added par. (21) and redesignated former par. (21) as (22).

1990—Subsec. (a). Pub. L. 101–647, § 3584(1), substituted “defendant” for “defendent” in last sentence.

Subsec. (b)(3). Pub. L. 101–647, § 3584(2), substituted “under sections 3663 and 3664” for “pursuant to the provisions of section 3663 and 3664” and “section 3663(a)” for “3663(a)”.

1988—Subsec. (a)(2). Pub. L. 100–690, § 7086, inserted “, unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b)”.

Subsec. (a)(3). Pub. L. 100–690, § 7303(a)(1), added par. (3).

Subsec. (b)(3). Pub. L. 100–690, § 7110, substituted “3663 and 3664 (but not subject to the limitations of 3663(a))” for “3556”.

Subsec. (b)(20), (21). Pub. L. 100–690, § 7305(a), added par. (20) and redesignated former par. (20) as (21).

1987—Subsec. (b)(12). Pub. L. 100–182, § 18, inserted “(including a facility maintained or under contract to the Bureau of Prisons)” after “facility”.

Subsec. (c). Pub. L. 100–182, § 10, struck out comma after “The court may” and substituted “the modification of probation and” for “revocation or modification of probation”.

1986—Subsec. (b)(11). Pub. L. 99–646, § 11(a), struck out “in section 3581(b)” after “the offense”.

Subsec. (c). Pub. L. 99–646, § 12(a), struck out “, after a hearing” after “court may” and inserted “the provisions of the Federal Rules of Criminal Procedure relating to revocation or modification of probation” after “pursuant to”.

Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996.

Pub. L. 107–273, div. B, title IV, § 4002(e)(12), Nov. 2, 2002, 116 Stat. 1811, provided that the amendment made by section 4002(e)(12) is effective Nov. 26, 1997.

Amendment by Pub. L. 105–119 effective 1 year after Nov. 26, 1997, see section 115(c)(1) of Pub. L. 105–119, set out as a note under section 3521 of this title.

Amendment by section 308(g)(10)(E) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

Pub. L. 100–690, title VII, § 7303(d), Nov. 18, 1988, 102 Stat. 4464, provided that: “The amendments made by this section [amending this section and sections 3565, 3583, 4209, and 4214 of this title] shall apply with respect to persons whose probation, supervised release, or parole begins after December 31, 1988.”

Amendment by Pub. L. 100–182 applicable with respect to offenses committed after Dec. 7, 1987, see section 26 of Pub. L. 100–182, set out as a note under section 3006A of this title.

Pub. L. 99–646, § 11(b), Nov. 10, 1986, 100 Stat. 3594, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3563(b)(11) [Nov. 1, 1987].”

Pub. L. 99–646, § 12(c)(1), Nov. 10, 1986, 100 Stat. 3594, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the taking effect of such section 3563(c) [Nov. 1, 1987].”

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.