Page:United States Statutes at Large Volume 102 Part 5.djvu/458

 102 STAT. 4464

PUBLIC LAW 100-690—NOV. 18, 1988

SEC. 7303. REVOCATION OF PROBATION, PAROLE, AND SUPERVISED RELEASE FOR POSSESSION OF A CONTROLLED SUBSTANCE.

(a) PROBATION.—(1) Section 3563(a) of title 18, United States Code, is amended by— (A) striking "and" after the semicolon in paragraph (1); (B) striking the period at the end of paragraph (2) and inserting "; and"; and (C) inserting after paragraph (2) the following: "(3) for a felony, a misdemeanor, or an infraction, that the defendant not possess illegal controlled substances.". (2) Section 3565(a) of title 18, United States Code, is amended by adding at the end thereof the following: "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.". (b) SUPERVISED RELEASE.—(1) Section 3583(d) of title 18, United States Code, is amended in the first sentence by striking the period and inserting "and that the defendant not possess illegal controlled substances.". (2) Section 3583 of title 18, United States Code, is amended by adding at the end thereof the following: "(g) POSSESSION OF CONTROLLED SUBSTANCES.—If the defendant is

found by the court to be in the possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of SllOCFVisod I*61G£LS6

18 USC 3563 note.

(c) PAROLE.—(1) Section 4209(a) of title 18, United States Code, is amended in the first sentence by inserting after "local crime" the following: ", that the parolee not possess illegal controlled substances.'. (2) Subsection (c) of section 4209 of title 18, United States Code, is amended by— (A) striking the dash and "(1)"; (B) striking the semicolon at the end of paragraph (1) and all of paragraph (2) and inserting a period; and (C) striking "subparagraph (1) or (2) of. (3) Section 4214 of title 18, United States Code, is amended by adding at the end thereof the following: "(f) Notwithstanding any other provision of this section, a parolee who is found by the Commission to be in possession of a controlled substance shall have his parole revoked.". (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to persons whose probation, supervised release, or parole begins after December 31, 1988. SEC. 7304. DEMONSTRATION PROGRAM FOR DRUG TESTING OF ARRESTED PERSONS AND DEFENDANTS ON PROBATION OR SUPERVISED RELEASE.

18 USC 3150 note.

(a) ESTABLISHMENT.—The Director of the Administrative Office of the United States Courts shall establish a demonstration program of mandatory testing of criminal defendants. (b) LENGTH OF PROGRAM.—The demonstration program shall begin not later than January 1, 1989, and shall last two years. (c) SELECTION OF DISTRICTS.—The Judicial (Conference of the United States shall select 8 Federal judicial districts in which to

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