                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                         SUBCHAPTER B--PROBATION
 
Sec. 3561. Sentence of probation

    (a) In General.--A defendant who has been found guilty of an offense 
may be sentenced to a term of probation unless--
        (1) the offense is a Class A or Class B felony and the defendant 
    is an individual;
        (2) the offense is an offense for which probation has been 
    expressly precluded; or
        (3) the defendant is sentenced at the same time to a term of 
    imprisonment for the same or a different offense that is not a petty 
    offense.

    (b) Domestic Violence Offenders.--A defendant who has been convicted 
for the first time of a domestic violence crime shall be sentenced to a 
term of probation if not sentenced to a term of imprisonment. The term 
``domestic violence crime'' means a crime of violence for which the 
defendant may be prosecuted in a court of the United States in which the 
victim or intended victim is the spouse, former spouse, intimate 
partner, former intimate partner, child, or former child of the 
defendant, or any other relative of the defendant.
    (c) Authorized Terms.--The authorized terms of probation are--
        (1) for a felony, not less than one nor more than five years;
        (2) for a misdemeanor, not more than five years; and
        (3) for an infraction, not more than one year.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1992; amended Pub. L. 99-646, Sec. 10(a), Nov. 10, 1986, 100 Stat. 3593; 
Pub. L. 100-182, Sec. 7, Dec. 7, 1987, 101 Stat. 1267; Pub. L. 103-322, 
title XXVIII, Sec. 280004, title XXXII, Sec. 320921(a), Sept. 13, 1994, 
108 Stat. 2096, 2130; Pub. L. 104-294, title VI, Sec. 604(c)(1), Oct. 
11, 1996, 110 Stat. 3509.)


                            Prior Provisions

    For a prior section 3561, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3551 of this title.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-294 struck out ``or any relative 
defendant, child, or former child of the defendant,'' before ``or any 
other relative of the defendant''.
    1994--Subsec. (a)(3). Pub. L. 103-322, Sec. 280004, inserted before 
period at end ``that is not a petty offense''.
    Subsecs. (b), (c). Pub. L. 103-322, Sec. 320921(a), added subsec. 
(b) and redesignated former subsec. (b) as (c).
    1987--Subsec. (a)(1). Pub. L. 100-182 inserted ``and the defendant 
is an individual'' after ``Class B felony''.
    1986--Subsec. (a). Pub. L. 99-646 struck out at end ``The liability 
of a defendant for any unexecuted fine or other punishment imposed as to 
which probation is granted shall be fully discharged by the fulfillment 
of the terms and conditions of probation.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 
604(d) of Pub. L. 104-294, set out as a note under section 13 of this 
title.


                    Effective Date of 1987 Amendment

    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.


                    Effective Date of 1986 Amendment

    Section 10(b) of Pub. L. 99-646 provided that: ``The amendment made 
by this section [amending this section] shall take effect on the date of 
the taking effect of such section 3561(a) [Nov. 1, 1987].''


                             Effective Date

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3563, 3583, 5037 of this 
title.
