|
Online Attorney
sed release to the district
court for any other district to which the person is required to
proceed as a condition of his probation or release, or is permitted
to proceed, with the concurrence of such court. A later transfer of
jurisdiction may be made in the same manner. A court to which
jurisdiction is transferred under this section is authorized to
exercise all powers over the probationer or releasee that are
permitted by this subchapter or subchapter B or D of chapter 227.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2003.)
-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. 3606 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER A - PROBATION
-HEAD-
Sec. 3606. Arrest and return of a probationer
-STATUTE-
If there is probable cause to believe that a probationer or a
person on supervised release has violated a condition of his
probation or release, he may be arrested, and, upon arrest, shall
be taken without unnecessary delay before the court having
jurisdiction over him. A probation officer may make such an arrest
wherever the probationer or releasee is found, and may make the
arrest without a warrant. The court having supervision of the
probationer or releasee, or, if there is no such court, the court
last having supervision of the probationer or releasee, may issue a
warrant for the arrest of a probationer or releasee for violation
of a condition of release, and a probation officer or United States
marshal may execute the warrant in the district in which the
warrant was issued or in any district in which the probationer or
releasee is found.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2003.)
-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. 3607 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER A - PROBATION
-HEAD-
Sec. 3607. Special probation and expungement procedures for drug
possessors
-STATUTE-
(a) Pre-judgment Probation. - If a person found guilty of an
offense described in section 404 of the Controlled Substances Act
(21 U.S.C. 844) -
(1) has not, prior to the commission of such offense, been
convicted of violating a Federal or State law relating to
controlled substances; and
(2) has not previously been the subject of a disposition under
this subsection;
the court may, with the consent of such person, place him on
probation for a term of not more than one year without entering a
judgment of conviction. At any time before the expiration of the
term of probation, if the person has not violated a condition of
his probation, the court may, without entering a judgment of
conviction, dismiss the proceedings against the person and
discharge him from probation. At the expiration of the term of
probation, if the person has not violated a condition of his
probation, the court shall, without entering a judgment of
conviction, dismiss the proceedings against the person and
discharge him from probation. If the person violates a condition of
his probation, the court shall proceed in accordance with the
provisions of section 3565.
(b) Record of Disposition. - A nonpublic record of a disposition
under subsection (a), or a conviction that is the subject of an
expungement order under subsection (c), shall be retained by the
Department of Justice solely for the purpose of use by the courts
in determining in any subsequent proceeding whether a person
qualifies for the disposition provided in subsection (a) or the
expungement provided in subsection (c). A disposition under
subsection (a), or a conviction that is the subject of an
expungement order under subsection (c), shall not be considered a
conviction for the purpose of a disqualification or a disability
imposed by law upon conviction of a crime, or for any other
purpose.
(c) Expungement of Record of Disposition. - If the case against a
person found guilty of an offense under section 404 of the
Controlled Substances Act (21 U.S.C. 844) is the subject of a
disposition under subsection (a), and the person was less than
twenty-one years old at the time of the offense, the court shall
enter an expungement order upon the application of such person. The
expungement order shall direct that there be expunged from all
official records, except the nonpublic records referred to in
subsection (b), all references to his arrest for the offense, the
institution of criminal proceedings against him, and the results
thereof. The effect of the order shall be to restore such person,
in the contemplation of the law, to the status he occupied before
such arrest or institution of criminal proceedings. A person
concerning whom such an order has been entered shall not be held
thereafter under any provision of law to be guilty of perjury,
false swearing, or making a false statement by reason of his
failure to recite or acknowledge such arrests or institution of
criminal proceedings, or the results thereof, in response to an
inquiry made of him for any purpose.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2003.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 21 section 841.
-End-
-CITE-
18 USC Sec. 3608 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER A - PROBATION
-HEAD-
Sec. 3608. Drug testing of Federal offenders on post-conviction
release
-STATUTE-
The Director of the Administrative Office of the United States
Courts, in consultation with the Attorney General and the Secretary
of Health and Human Services, shall, subject to the availability of
appropriations, establish a program of drug testing of Federal
offenders on post-conviction release. The program shall include
such standards and guidelines as the Director may determine
necessary to ensure the reliability and accuracy of the drug
testing programs. In each judicial district the chief probation
officer shall arrange for the drug testing of defendants on
post-conviction release pursuant to a conviction for a felony or
other offense described in section 3563(a)(4).(!1)
-SOURCE-
(Added Pub. L. 103-322, title II, Sec. 20414(a)(1), Sept. 13, 1994,
108 Stat. 1830.)
-REFTEXT-
REFERENCES IN TEXT
Section 3563(a)(4), referred to in text, probably means the par.
(4) of section 3563(a) added by section 20414(b)(3) of Pub. L.
103-322, which was renumbered par. (5) by Pub. L. 104-132, title
II, Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
18 USC SUBCHAPTER B - FINES 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER B - FINES
-HEAD-
SUBCHAPTER B - FINES
-MISC1-
SUBCHAPTER B - FINES (!1)
Sec.
3611. Payment of a fine or restitution.
3612. Collection of an unpaid fine or restitution.(!2)
3613. Civil remedies for satisfaction of an unpaid fine.
3613A. Effect of default.
3614. Resentencing upon failure to pay a fine or
restitution.
3615. Criminal default.
AMENDMENTS
1996 - Pub. L. 104-132, title II, Sec. 207(d), Apr. 24, 1996, 110
Stat. 1240, amended table of sections generally, inserting "or
restitution" after "fine" in items 3611, 3612, and 3614, reenacting
items 3613 and 3615 without change, and adding item 3613A.
1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis of this subchapter to
follow heading for this subchapter.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 3574, 3664 of this
title.
-FOOTNOTE-
(!1) So in original. Probably should not appear.
(!2) So in original. Does not conform to section catchline.
-End-
-CITE-
18 USC Sec. 3611 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER B - FINES
-HEAD-
Sec. 3611. Payment of a fine or restitution
-STATUTE-
A person who is sentenced to pay a fine, assessment, or
restitution, shall pay the fine, assessment, or restitution
(including any interest or penalty), as specified by the Director
of the Administrative Office of the United States Courts. Such
Director may specify that such payment be made to the clerk of the
court or in the manner provided for under section 604(a)(18) of
title 28, United States Code.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2004; amended Pub. L. 100-185, Sec. 10(a), Dec. 11, 1987, 101
Stat. 1283; Pub. L. 101-647, title XXXV, Sec. 3591, Nov. 29, 1990,
104 Stat. 4931; Pub. L. 104-132, title II, Sec. 207(c)(1), Apr. 24,
1996, 110 Stat. 1237.)
-MISC1-
PRIOR PROVISIONS
For a prior section 3611, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3601 of this
title.
AMENDMENTS
1996 - Pub. L. 104-132 substituted "Payment of a fine or
restitution" for "Payment of a fine" in section catchline and ",
assessment, or restitution, shall pay the fine, assessment, or
restitution" for "or assessment shall pay the fine or assessment"
in text.
1990 - Pub. L. 101-647 substituted "604(a)(18)" for "604(a)(17)".
1987 - Pub. L. 100-185 amended section generally. Prior to
amendment, section read as follows: "A person who has been
sentenced to pay a fine pursuant to the provisions of subchapter C
of chapter 227 shall pay the fine immediately, or by the time and
method specified by the sentencing court, to the clerk of the
court. The clerk shall forward the payment to the United States
Treasury."
EFFECTIVE DATE OF 1996 AMENDMENT
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.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 10(b) of Pub. L. 100-185 provided that: "The amendment
made by this section [amending this section] shall apply with
respect to any fine imposed after October 31, 1988. Such amendment
shall also apply with respect to any fine imposed on or before
October 31, 1988, if the fine remains uncollected as of February 1,
1989, unless the Director of the Administrative Office of the
United States Courts determines further delay is necessary. If the
Director so determines, the amendment made by this section shall
apply with respect to any such fine imposed on or before October
31, 1988, if the fine remains uncollected as of May 1, 1989."
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.
RECEIPT OF FINES - INTERIM PROVISIONS
Section 9 of Pub. L. 100-185 provided that:
"(a) November 1, 1987, to April 30, 1988. - Notwithstanding
section 3611 of title 18, United States Code, a person who, during
the period beginning on November 1, 1987, and ending on April 30,
1988, is sentenced to pay a fine or assessment shall pay the fine
or assessment (including any interest or penalty) to the clerk of
the court, with respect to an offense committed on or before
December 31, 1984, and to the Attorney General, with respect to an
offense committed after December 31, 1984.
"(b) May 1, 1988, to October 31, 1988. - (1) Notwithstanding
section 3611 of title 18, United States Code, a person who during
the period beginning on May 1, 1988, and ending on October 31,
1988, is sentenced to pay a fine or assessment shall pay the fine
or assessment in accordance with this subsection.
"(2) In a case initiated by citation or violation notice, such
person shall pay the fine or assessment (including any interest or
penalty), as specified by the Director of the Administrative Office
of the United States Courts. Such Director may specify that such
payment be made to the clerk of the court or in the manner provided
for under section 604(a)(17) of title 28, United States Code.
"(3) In any other case, such person shall pay the fine or
assessment (including any interest or penalty) to the clerk of the
court, with respect to an offense committed on or before December
31, 1984, and to the Attorney General, with respect to an offense
committed after December 31, 1984."
-End-
-CITE-
18 USC Sec. 3612 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 229 - POSTSENTENCE ADMINISTRATION
SUBCHAPTER B - FINES
-HEAD-
Sec. 3612. Collection of unpaid fine or restitution
-STATUTE-
(a) Notification of Receipt and Related Matters. - The clerk or
the person designated under section 604(a)(18) of title 28 shall
notify the Attorney General of each receipt of a payment with
respect to which a certification is made under subsection (b),
together with other appropriate information relating to such
payment. The notification shall be provided -
(1) in such manner as may be agreed upon by the Attorney
General and the Director of the Administrative Office of the
United States Courts; and
(2) within 15 days after the receipt or at such other time as
may be determined jointly by the Attorney General and the
Director of the Administrative Office of the United States
Courts.
If the fifteenth day under paragraph (2) is a Saturday, Sunday, or
legal public holiday, the clerk, or the person designated under
section 604(a)(18) of title 28, shall provide notification not
later than the next day that is not a Saturday, Sunday, or legal
public holiday.
(b) Information to be Included in Judgment; Judgment to be
Transmitted to Attorney General. - (1) A judgment or order
imposing, modifying, or remitting a fine or restitution order of
more than $100 shall include -
(A) the name, social security account number, mailing address,
and residence address of the defendant;
(B) the docket number of the case;
(C) the original amount of the fine or restitution order and
the amount that is due and unpaid;
(D) the schedule of payments (if other than immediate payment
is permitted under section 3572(d));
(E) a description of any modification or remission;
(F) if other than immediate payment is permitted, a requirement
that, until the fine or restitution order is paid in full, the
defendant notify the Attorney General of any change in the
mailing address or residence address of the defendant not later
than thirty days after the change occurs; and
(G) in the case of a restitution order, information sufficient
to identify each victim to whom restitution is owed. It shall be
the responsibility of each victim to notify the Attorney General,
or the appropriate entity of the court, by means of a form to be
provided by the Attorney General or the court, of any change in
the victim's mailing address while restitution is still owed the
victim. The confidentiality of any information relating to a
victim shall be maintained.
(2) Not later than ten days after entry of the judgment or order,
the court shall transmit a certified copy of the judgment or order
to the Attorney General.
(c) Responsibility for Collection. - The Attorney General shall
be responsible for collection of an unpaid fine or restitution
concerning which a certification has been issued as provided in
subsection (b). An order of restitution, pursuant to section 3556,
does not create any right of action against the United States by
the person to whom restitution is ordered to be paid. Any money
received from a defendant shall be disbursed so that each of the
following obligations is paid in full in the following sequence:
(1) A penalty assessment under section 3013 of title 18, United
States Code.
(2) Restitution of all victims.
(3) All other fines, penalties, costs, and other payments
required under the sentence.
(d) Notification of Delinquency. - Within ten working days after
a fine or restitution is determined to be delinquent as provided in
section 3572(h), the Attorney General shall notify the person whose
fine or restitution is delinquent, to inform the person of the
delinquency.
(e) Notification of Default. - Within ten working days after a
fine or restitution is determined to be in default as provided in
section 3572(i), the Attorney General shall notify the person
defaulting to inform the person that the fine or restitution is in
default and the entire unpaid balance, including interest and
penalties, is due within thirty days.
(f) Interest on Fines and restitut
Online Attorney
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2006-2008.
|
|