# § 3565. Revocation of probation
**(a)** **Continuation or Revocation.—** If the defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, and after considering the factors set forth in section 3553(a) to the extent that they are applicable—
**(1)** continue him on probation, with or without extending the term or modifying or enlarging the conditions; or
**(2)** revoke the sentence of probation and resentence the defendant under subchapter A.
**(b)** **Mandatory Revocation for Possession of Controlled Substance or Firearm or Refusal To Comply With Drug Testing.—** If the defendant—
the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.
**(1)** possesses a controlled substance in violation of the condition set forth in section 3563(a)(3);
**(2)** possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm;
**1** refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4); [^1] or
See References in Text note below.
**(4)** as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;
**(c)** **Delayed Revocation.—** The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the adjudication of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.
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**Source Credit**: (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–690, title VI, § 6214, title VII, § 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101–647, title XXXV, § 3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103–322, title XI, § 110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107–273, div. B, title II, § 2103(a), Nov. 2, 2002, 116 Stat. 1793.)
## Editorial Notes
### References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title.
Section 3563(a)(4), referred to in subsec. (b)(3), probably means the par. (4) of section 3563(a) added by , which was renumbered par. (5) by , , .
### Prior Provisions
For a prior section 3565, applicable to offenses committed prior to , see note set out preceding .
### Amendments
2002—Subsec. (b)(4). added par. (4).
1994—Subsec. (a). , struck out concluding sentence which read as follows: “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.”
Subsec. (a)(2). , substituted “resentence the defendant under subchapter A” for “impose any other sentence that was available under subchapter A at the time of the initial sentencing”.
Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:
“(b) .—If the defendant is in actual possession of a firearm, as that term is defined in , at any time prior to the expiration or termination of the term of probation, the court shall, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing.”
1990—Subsec. (a)(1). substituted “or modifying” for “of modifying”.
1988—Subsec. (a). , inserted at end “Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.”
Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c).
## Statutory Notes and Related Subsidiaries
### Effective Date of 1988 Amendment
Amendment by applicable with respect to persons whose probation, supervised release, or parole begins after , see , set out as a note under .
### Effective Date
Section effective , and applicable only to offenses committed after the taking effect of this section, see , set out as a note under .