Online Attorney

e or restitution order, and any other circumstances that may have a bearing on the defendant's ability or failure to comply with the order of a fine or restitution. (b)(1) Any hearing held pursuant to this section may be conducted by a magistrate judge, subject to de novo review by the court. (2) To the extent practicable, in a hearing held pursuant to this section involving a defendant who is confined in any jail, prison, or other correctional facility, proceedings in which the prisoner's participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which the prisoner is confined. -SOURCE- (Added Pub. L. 104-132, title II, Sec. 207(c)(4), Apr. 24, 1996, 110 Stat. 1239.) -MISC1- EFFECTIVE DATE Section to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which the defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104-132, set out as an Effective Date of 1996 Amendment note under section 2248 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3572, 3664 of this title. -End- -CITE- 18 USC Sec. 3614 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER B - FINES -HEAD- Sec. 3614. Resentencing upon failure to pay a fine or restitution -STATUTE- (a) Resentencing. - Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine or restitution the court may resentence the defendant to any sentence which might originally have been imposed. (b) Imprisonment. - The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that - (1) the defendant willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or (2) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence. (c) Effect of Indigency. - In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2006; amended Pub. L. 104-132, title II, Sec. 207(c)(5), Apr. 24, 1996, 110 Stat. 1240.) -MISC1- PRIOR PROVISIONS For a prior section 3614, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. AMENDMENTS 1996 - Pub. L. 104-232, Sec. 207(c)(5)(A), inserted "or restitution" after "fine" in section catchline. Subsec. (a). Pub. L. 104-232, Sec. 207(c)(5)(B), inserted "or restitution" after "fine". Subsec. (c). Pub. L. 104-232, Sec. 207(c)(5)(C), added subsec. (c). 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 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 sections 3613A, 3664 of this title. -End- -CITE- 18 USC Sec. 3615 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER B - FINES -HEAD- Sec. 3615. Criminal default -STATUTE- Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, imprisoned not more than one year, or both. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2006.) -MISC1- PRIOR PROVISIONS For prior sections 3615 to 3620, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. 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 SUBCHAPTER C - IMPRISONMENT 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER C - IMPRISONMENT -HEAD- SUBCHAPTER C - IMPRISONMENT -MISC1- SUBCHAPTER C - IMPRISONMENT (!1) Sec. 3621. Imprisonment of a convicted person. 3622. Temporary release of a prisoner. 3623. Transfer of a prisoner to State authority. 3624. Release of a prisoner. 3625. Inapplicability of the Administrative Procedure Act. 3626. Appropriate remedies with respect to prison conditions. AMENDMENTS 1996 - Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec. 802(c)], Apr. 26, 1996, 110 Stat. 1321, 1321-70; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, which directed that table of sections at beginning of subchapter C of this chapter be amended generally to read "3626. Appropriate remedies with respect to prison conditions.", was executed by making amendment in item 3626 to reflect the probable intent of Congress. Prior to amendment, item 3626 read as follows: "3626. Appropriate remedies with respect to prison crowding." 1994 - Pub. L. 103-322, title II, Sec. 20409(c), title XXXIII, Sec. 330010(3), Sept. 13, 1994, 108 Stat. 1828, 2143, transferred analysis of this subchapter to follow heading for this subchapter and added item 3626. -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 3586 of this title. -FOOTNOTE- (!1) So in original. Probably should not appear. -End- -CITE- 18 USC Sec. 3621 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER C - IMPRISONMENT -HEAD- Sec. 3621. Imprisonment of a convicted person -STATUTE- (a) Commitment to Custody of Bureau of Prisons. - A person who has been sentenced to a term of imprisonment pursuant to the provisions of subchapter D of chapter 227 shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. (b) Place of Imprisonment. - The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering - (1) the resources of the facility contemplated; (2) the nature and circumstances of the offense; (3) the history and characteristics of the prisoner; (4) any statement by the court that imposed the sentence - (A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or correctional facility as appropriate; and (5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28. In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse. (c) Delivery of Order of Commitment. - When a prisoner, pursuant to a court order, is placed in the custody of a person in charge of a penal or correctional facility, a copy of the order shall be delivered to such person as evidence of this authority to hold the prisoner, and the original order, with the return endorsed thereon, shall be returned to the court that issued it. (d) Delivery of Prisoner for Court Appearances. - The United States marshal shall, without charge, bring a prisoner into court or return him to a prison facility on order of a court of the United States or on written request of an attorney for the Government. (e) Substance Abuse Treatment. - (1) Phase-in. - In order to carry out the requirement of the last sentence of subsection (b) of this section, that every prisoner with a substance abuse problem have the opportunity to participate in appropriate substance abuse treatment, the Bureau of Prisons shall, subject to the availability of appropriations, provide residential substance abuse treatment (and make arrangements for appropriate aftercare) - (A) for not less than 50 percent of eligible prisoners by the end of fiscal year 1995, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; (B) for not less than 75 percent of eligible prisoners by the end of fiscal year 1996, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; and (C) for all eligible prisoners by the end of fiscal year 1997 and thereafter, with priority for such treatment accorded based on an eligible prisoner's proximity to release date. (2) Incentive for prisoners' successful completion of treatment program. - (A) Generally. - Any prisoner who, in the judgment of the Director of the Bureau of Prisons, has successfully completed a program of residential substance abuse treatment provided under paragraph (1) of this subsection, shall remain in the custody of the Bureau under such conditions as the Bureau deems appropriate. If the conditions of confinement are different from those the prisoner would have experienced absent the successful completion of the treatment, the Bureau shall periodically test the prisoner for substance abuse and discontinue such conditions on determining that substance abuse has recurred. (B) Period of custody. - The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve. (3) Report. - The Bureau of Prisons shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives on January 1, 1995, and on January 1 of each year thereafter, a report. Such report shall contain - (A) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau; (B) a full explanation of how eligibility for such programs is determined, with complete information on what proportion of prisoners with substance abuse problems are eligible; and (C) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title. (4) Authorization of appropriations. - There are authorized to be appropriated to carry out this subsection - (A) $13,500,000 for fiscal year 1996; (B) $18,900,000 for fiscal year 1997; (C) $25,200,000 for fiscal year 1998; (D) $27,000,000 for fiscal year 1999; and (E) $27,900,000 for fiscal year 2000. (5) Definitions. - As used in this subsection - (A) the term "residential substance abuse treatment" means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population - (i) directed at the substance abuse problems of the prisoner; and (ii) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems; (B) the term "eligible prisoner" means a prisoner who is - (i) determined by the Bureau of Prisons to have a substance abuse problem; and (ii) willing to participate in a residential substance abuse treatment program; and (C) the term "aftercare" means placement, case management and monitoring of the participant in a community-based substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons. (6) Coordination of federal assistance. - The Bureau of Prisons shall consult with the Department of Health and Human Services concerning substance abuse treatment and related services and the incorporation of applicable components of existing comprehensive approaches including relapse prevention and aftercare services. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2007; amended Pub. L. 101-647, title XXIX, Sec. 2903, Nov. 29, 1990, 104 Stat. 4913; Pub. L. 103-322, title II, Sec. 20401, title III, Sec. 32001, Sept. 13, 1994, 108 Stat. 1824, 1896.) -MISC1- PRIOR PROVISIONS For a prior section 3621, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. AMENDMENTS 1994 - Subsec. (b). Pub. L. 103-322, Sec. 32001(1), struck out ", to the extent practicable," after "The Bureau shall" in concluding provisions. Pub. L. 103-322, Sec. 20401, inserted "In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status." after subsec. (b)(5). Subsec. (e). Pub. L. 103-322, Sec. 32001(2), added subsec. (e). 1990 - Subsec. (b). Pub. L. 101-647 inserted at end "The Bureau shall, to the extent practicable, make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse." 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. 3622 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 229 - POSTSENTENCE ADMINISTRATION SUBCHAPTER C - IMPRISONMENT -HEAD- Sec. 3622. Temporary release of a prisoner -STATUTE- The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was imposed and any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears to be consistent with the public interest and if there is reasonable cause to believe that a prisoner will honor the trust to be imposed in him, by authorizing him, under prescribed conditions, to - (a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facility, for the purpose of - (1) visiting a relative who is dying; (2) attending a funeral of a relative; (3) obtaining medical treatment not otherwise available; (4) contacting a prospective employer; (5) establishing or reestablishing family or community ties; or (6) engaging in any other significant activity consistent with the public interest; (b) participate in a training or educational program in the community while continuing in official detention at the prison facility; or (c) work at paid employment in the community while continuing in official detention at the penal or correctional facility if - (1) the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community; and (2) the prisoner agrees to pay to the Bureau such costs incident to official detention as the Bureau finds appropriate and reasonable under all the circumstances, such costs to be collected by the Bureau and deposited in the Treasury to the credit of the appropriation available for such costs at the time such collections are made. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2007.) -MISC1- PRIOR PROVISIONS For a prior section 3622, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. 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 a

Online Attorney