Online Attorney

in carrying out such activities. -SOURCE- (Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994, 108 Stat. 1968.) -End- -CITE- 18 USC Sec. 3598 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 228 - DEATH SENTENCE -HEAD- Sec. 3598. Special provisions for Indian country -STATUTE- Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence under this chapter for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151 of this title) and which has occurred within the boundaries of Indian country, unless the governing body of the tribe has elected that this chapter have effect over land and persons subject to its criminal jurisdiction. -SOURCE- (Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994, 108 Stat. 1968.) -End- -CITE- 18 USC CHAPTER 229 - POSTSENTENCE ADMINISTRATION 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION -HEAD- CHAPTER 229 - POSTSENTENCE ADMINISTRATION -MISC1- Subchapter Sec.(!1) A. Probation 3601 B. Fines 3611 C. Imprisonment 3621 PRIOR PROVISIONS A prior chapter 229 (Sec. 3611 et seq.) was repealed (except sections 3611, 3612, 3615, 3617 to 3620 which were renumbered sections 3665 to 3671, respectively), by Pub. L. 98-473, title II, Secs. 212(a)(1), (2), 235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2031, as amended, effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal. See Effective Date note set out under section 3551 of this title. Section 3611 renumbered section 3665 of this title. Section 3612 renumbered section 3666 of this title. Section 3613, act June 25, 1948, ch. 645, 62 Stat. 840, related to fines for setting grass and timber fires. Section 3614, act June 25, 1948, ch. 645, 62 Stat. 840, related to fine for seduction. Section 3615 renumbered section 3667 of this title. Section 3616, act June 25, 1948, ch. 645, 62 Stat. 840, authorized use of confiscated vehicles by narcotics agents and payment of costs of acquisition, maintenance, repair, and operation thereof, prior to repeal by Pub. L. 91-513, title III, Sec. 1101(b)(2)(A), Oct. 27, 1970, 84 Stat. 1292. Section 3617 renumbered section 3668 of this title. Section 3618 renumbered section 3669 of this title. Section 3619 renumbered section 3670 of this title. Section 3620 renumbered section 3671 of this title. Section 3621, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98 Stat. 3136, related to criminal default on fine. Section 3622, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98 Stat. 3136, related to factors relating to imposition of fines. Section 3623, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98 Stat. 3137, related to alternative fines. Section 3624, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98 Stat. 3138, related to security for stayed fine. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 3558, 3673 of this title. -FOOTNOTE- (!1) Editorially supplied. -End- -CITE- 18 USC SUBCHAPTER A - PROBATION 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER A - PROBATION -HEAD- SUBCHAPTER A - PROBATION -MISC1- SUBCHAPTER A - PROBATION (!1) Sec. 3601. Supervision of probation. 3602. Appointment of probation officers. 3603. Duties of probation officers. 3604. Transportation of a probationer. 3605. Transfer of jurisdiction over a probationer. 3606. Arrest and return of a probationer. 3607. Special probation and expungement procedures for drug possessors. 3608. Drug testing of Federal offenders on post-conviction release. AMENDMENTS 1994 - Pub. L. 103-322, title II, Sec. 20414(a)(2), title XXXIII, Sec. 330010(3), Sept. 13, 1994, 108 Stat. 1830, 2143, transferred analysis of this subchapter to follow heading for this subchapter and added item 3608. 1990 - Pub. L. 101-647, title XXXV, Sec. 3590, Nov. 29, 1990, 104 Stat. 4930, substituted "possessors" for "possessor" in item 3607. -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3566, 3586 of this title. -FOOTNOTE- (!1) So in original. Probably should not appear. -End- -CITE- 18 USC Sec. 3601 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER A - PROBATION -HEAD- Sec. 3601. Supervision of probation -STATUTE- A person who has been sentenced to probation pursuant to the provisions of subchapter B of chapter 227, or placed on probation pursuant to the provisions of chapter 403, or placed on supervised release pursuant to the provisions of section 3583, shall, during the term imposed, be supervised by a probation officer to the degree warranted by the conditions specified by the sentencing court. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.) -MISC1- 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. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec. 801], Apr. 26, 1996, 110 Stat. 1321, 1321-66; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that: "This title [enacting sections 1915A and 1932 of Title 28, Judiciary and Judicial Procedure, amending sections 3624 and 3626 of this title, section 523 of Title 11, Bankruptcy, sections 1346 and 1915 of Title 28, and sections 1997a to 1997c, 1997e, 1997f, and 1997h of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 3626 of this title, and repealing provisions set out as a note under section 3626 of this title] may be cited as the 'Prison Litigation Reform Act of 1995'." POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL OPPORTUNITIES FOR INMATES Pub. L. 107-273, div. B, title II, Sec. 2411, Nov. 2, 2002, 116 Stat. 1799, provided that: "(a) Federal Reentry Center Demonstration. - "(1) Authority and establishment of demonstration project. - The Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, shall establish the Federal Reentry Center Demonstration project. The project shall involve appropriate prisoners from the Federal prison population and shall utilize community corrections facilities, home confinement, and a coordinated response by Federal agencies to assist participating prisoners in preparing for and adjusting to reentry into the community. "(2) Project elements. - The project authorized by paragraph (1) shall include the following core elements: "(A) A Reentry Review Team for each prisoner, consisting of a representative from the Bureau of Prisons, the United States Probation System, the United States Parole Commission, and the relevant community corrections facility, who shall initially meet with the prisoner to develop a reentry plan tailored to the needs of the prisoner. "(B) A system of graduated levels of supervision with the community corrections facility to promote community safety, provide incentives for prisoners to complete the reentry plan, including victim restitution, and provide a reasonable method for imposing sanctions for a prisoner's violation of the conditions of participation in the project. "(C) Substance abuse treatment and aftercare, mental and medical health treatment and aftercare, vocational and educational training, life skills instruction, conflict resolution skills training, batterer intervention programs, assistance obtaining suitable affordable housing, and other programming to promote effective reintegration into the community as needed. "(3) Probation officers. - From funds made available to carry out this section, the Director of the Administrative Office of the United States Courts shall assign 1 or more probation officers from each participating judicial district to the Reentry Demonstration project. Such officers shall be assigned to and stationed at the community corrections facility and shall serve on the Reentry Review Teams. "(4) Project duration. - The Reentry Center Demonstration project shall begin not later than 6 months following the availability of funds to carry out this subsection, and shall last 3 years. "(b) Definitions. - In this section, the term 'appropriate prisoner' shall mean a person who is considered by prison authorities - "(1) to pose a medium to high risk of committing a criminal act upon reentering the community; and "(2) to lack the skills and family support network that facilitate successful reintegration into the community. "(c) Authorization of Appropriations. - To carry out this section, there are authorized to be appropriated, to remain available until expended - "(1) to the Federal Bureau of Prisons - "(A) $1,375,000 for fiscal year 2003; "(B) $1,110,000 for fiscal year 2004; "(C) $1,130,000 for fiscal year 2005; "(D) $1,155,000 for fiscal year 2006; and "(E) $1,230,000 for fiscal year 2007; and "(2) to the Federal Judiciary - "(A) $3,380,000 for fiscal year 2003; "(B) $3,540,000 for fiscal year 2004; "(C) $3,720,000 for fiscal year 2005; "(D) $3,910,000 for fiscal year 2006; and "(E) $4,100,000 for fiscal year 2007." -End- -CITE- 18 USC Sec. 3602 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER A - PROBATION -HEAD- Sec. 3602. Appointment of probation officers -STATUTE- (a) Appointment. - A district court of the United States shall appoint qualified persons to serve, with or without compensation, as probation officers within the jurisdiction and under the direction of the court making the appointment. The court may, for cause, remove a probation officer appointed to serve with compensation, and may, in its discretion, remove a probation officer appointed to serve without compensation. (b) Record of Appointment. - The order of appointment shall be entered on the records of the court, a copy of the order shall be delivered to the officer appointed, and a copy shall be sent to the Director of the Administrative Office of the United States Courts. (c) Chief Probation Officer. - If the court appoints more than one probation officer, one may be designated by the court as chief probation officer and shall direct the work of all probation officers serving in the judicial district. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.) -MISC1- 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. -End- -CITE- 18 USC Sec. 3603 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER A - PROBATION -HEAD- Sec. 3603. Duties of probation officers -STATUTE- A probation officer shall - (1) instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions specified by the sentencing court, and provide him with a written statement clearly setting forth all such conditions; (2) keep informed, to the degree required by the conditions specified by the sentencing court, as to the conduct and condition of a probationer or a person on supervised release, who is under his supervision, and report his conduct and condition to the sentencing court; (3) use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person on supervised release who is under his supervision, and to bring about improvements in his conduct and condition; (4) be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial district; (5) keep a record of his work, and make such reports to the Director of the Administrative Office of the United States Courts as the Director may require; (6) upon request of the Attorney General or his designee, assist in the supervision of and furnish information about, a person within the custody of the Attorney General while on work release, furlough, or other authorized release from his regular place of confinement, or while in prerelease custody pursuant to the provisions of section 3624(c); (7) keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked; (8)(A) when directed by the court, and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the provisions of section 4243 or 4246 of this title, and report such person's conduct and condition to the court ordering release and to the Attorney General or his designee; and (B) immediately report any violation of the conditions of release to the court and the Attorney General or his designee; (9) if approved by the district court, be authorized to carry firearms under such rules and regulations as the Director of the Administrative Office of the United States Courts may prescribe; and (10) perform any other duty that the court may designate. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2002; amended Pub. L. 99-646, Sec. 15(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 102-572, title VII, Sec. 701(a), Oct. 29, 1992, 106 Stat. 4514; Pub. L. 104-317, title I, Sec. 101(a), Oct. 19, 1996, 110 Stat. 3848.) -MISC1- AMENDMENTS 1996 - Pars. (9), (10). Pub. L. 104-317 added par. (9) and redesignated former par. (9) as (10). 1992 - Pars. (8), (9). Pub. L. 102-572 added par. (8) and redesignated former par. (8) as (9). 1986 - Pub. L. 99-646 redesignated pars. (a) to (h) as (1) to (8), respectively, and in par. (6) substituted "assist in the supervision of" for "supervise" and inserted a comma after "about". EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102-572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1986 AMENDMENT Section 15(b) of Pub. L. 99-646 provided that: "The amendments made by this section [amending this section] shall take effect on the date of the taking effect of section 3603 of title 18, United States Code [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. -End- -CITE- 18 USC Sec. 3604 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER A - PROBATION -HEAD- Sec. 3604. Transportation of a probationer -STATUTE- A court, after imposing a sentence of probation, may direct a United States marshal to furnish the probationer with - (a) transportation to the place to which he is required to proceed as a condition of his probation; and (b) money, not to exceed such amount as the Attorney General may prescribe, for subsistence expenses while traveling to his destination. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2002.) -MISC1- 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. -End- -CITE- 18 USC Sec. 3605 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER A - PROBATION -HEAD- Sec. 3605. Transfer of jurisdiction over a probationer -STATUTE- A court, after imposing a sentence, may transfer jurisdiction over a probationer or person on supervi

Online Attorney