PART II—CRIMINAL PROCEDURE
Amendments
1994—
1988—
1986—
1984—
1975—
1970—
1968—
1966—
Part Referred to in Other Sections
This part is referred to in title 48 sections 1424–4, 1614, 1821.
1 So in original. First word only of item should be capitalized.
CHAPTER 201 —GENERAL PROVISIONS
Amendments
1984—
1964—
Law Enforcement Assistance Act of 1965
Coordination of Federal Law Enforcement and Crime Prevention Programs
Designation of Attorney General to coordinate Federal law enforcement and crime prevention program, see Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, set out as a note preceding
§3001. Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms—(Rule)
See Federal Rules of Criminal Procedure
Scope, rule 1.
Purpose and construction, rule 2.
Proceedings to which rules apply, rules 54 and 59.
Definition, rule 54(c).
Rules of District Courts and Circuit Courts of Appeal, rule 57.
Forms, rule 58.
Effective date, rule 59.
Citation of rule, rule 60.
(June 25, 1948, ch. 645,
§3002. Courts always open—(Rule)
See Federal Rules of Criminal Procedure
Business hours, rule 56.
(June 25, 1948, ch. 645,
§3003. Calendars—(Rule)
See Federal Rules of Criminal Procedure
Preference to criminal cases, rule 50.
(June 25, 1948, ch. 645,
§3004. Decorum in court room—(Rule)
See Federal Rules of Criminal Procedure
Photographing or radio broadcasting prohibited, rule 53.
(June 25, 1948, ch. 645,
§3005. Counsel and witnesses in capital cases
Whoever is indicted for treason or other capital crime shall be allowed to make his full defense by counsel; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant's request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosecution.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §563 (R.S. §1034).
Changes were made in phraseology.
Amendments
1994—
Cross References
Assistance of counsel, see Const. Amend. 6.
Compulsory process for obtaining witnesses in criminal prosecutions, see Const. Amend. 6.
§3006. Assignment of counsel—(Rule)
See Federal Rules of Criminal Procedure
Appointment by court, rule 44.
Accused to be informed of right to counsel, rules 5 and 44.
(June 25, 1948, ch. 645,
§3006A. Adequate representation of defendants
(a)
(1) Representation shall be provided for any financially eligible person who—
(A) is charged with a felony or a Class A misdemeanor;
(B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in
(C) is charged with a violation of probation;
(D) is under arrest, when such representation is required by law;
(E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release;
(F) is subject to a mental condition hearing under
(G) is in custody as a material witness;
(H) is entitled to appointment of counsel under the sixth amendment to the Constitution;
(I) faces loss of liberty in a case, and Federal law requires the appointment of counsel; or
(J) is entitled to the appointment of counsel under
(2) Whenever the United States magistrate or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who—
(A) is charged with a Class B or C misdemeanor, or an infraction for which a sentence to confinement is authorized; or
(B) is seeking relief under
(3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both:
(A) Attorneys furnished by a bar association or a legal aid agency,
(B) Attorneys furnished by a defender organization established in accordance with the provisions of subsection (g).
Prior to approving the plan for a district, the judicial council of the circuit shall supplement the plan with provisions for representation on appeal. The district court may modify the plan at any time with the approval of the judicial council of the circuit. It shall modify the plan when directed by the judicial council of the circuit. The district court shall notify the Administrative Office of the United States Courts of any modification of its plan.
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(A)
(B)
(i) redact any detailed information on the payment voucher provided by defense counsel to justify the expenses to the court; and
(ii) make public only the amounts approved for payment to defense counsel by dividing those amounts into the following categories:
(I) Arraignment and or plea.
(II) Bail and detention hearings.
(III) Motions.
(IV) Hearings.
(V) Interviews and conferences.
(VI) Obtaining and reviewing records.
(VII) Legal research and brief writing.
(VIII) Travel time.
(IX) Investigative work.
(X) Experts.
(XI) Trial and appeals.
(XII) Other.
(C)
(i)
(ii)
(D)
(i) to protect any person's 5th amendment right against self-incrimination;
(ii) to protect the defendant's 6th amendment rights to effective assistance of counsel;
(iii) the defendant's attorney-client privilege;
(iv) the work product privilege of the defendant's counsel;
(v) the safety of any person; and
(vi) any other interest that justice may require, except that the amount of the fees shall not be considered a reason justifying any limited disclosure under
(E)
(F)
(5)
(6)
(7)
(e)
(1)
(2)
(B) The court, or the United States magistrate (if the services were rendered in a case disposed of entirely before the United States magistrate), may, in the interest of justice, and upon the finding that timely procurement of necessary services could not await prior authorization, approve payment for such services after they have been obtained, even if the cost of such services exceeds $300.
(3)
(4)
(f)
(g)
(1)
(2)
(A)
(B)
(i) receive an initial grant for expenses necessary to establish the organization; and
(ii) in lieu of payments under subsection (d) or (e), receive periodic sustaining grants to provide representation and other expenses pursuant to this section.
(3)
(h)
(i)
(j)
(k)
(Added
References in Text
The effective date of the Criminal Justice Act Revision of 1986, referred to in subsec. (d)(1), is, with qualifications, 120 days after Nov. 14, 1986. See section 105 of
The amendment made by paragraph (4), referred to in subsec. (d)(4)(F), probably means the amendment by section 308 of
Enactment of this Act, referred to in subsec. (d)(4)(F), probably means the date of enactment of
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (g)(2)(A), are classified to
Amendments
1999—Subsec. (d)(4)(D)(vi).
1997—Subsec. (d)(4).
1996—Subsec. (d)(4) to (7).
Subsec. (e)(4).
1988—Subsec. (a)(1)(J).
Subsec. (d)(2).
1987—Subsec. (a)(1)(E) to (I).
1986—Subsec. (a).
"(1) attorneys furnished by a bar association or a legal aid agency; or
"(2) attorneys furnished by a defender organization established in accordance with the provisions of subsection (h)."
Subsec. (b).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (g).
Subsec. (g)(2)(A), formerly (h)(2)(A).
Subsec. (g)(2)(B), formerly (h)(2)(B).
Subsec. (g)(3), formerly (h)(3).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsecs. (k), (l).
1984—Subsec. (a).
Subsec. (a)(1)(A).
Subsec. (a)(1)(E) to (I).
Subsec. (a)(2)(A).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (g).
1982—Subsec. (h)(2)(A).
Subsec. (i).
1974—Subsec. (l).
1970—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g) to (k).
Subsec. (l).
1968—Subsecs. (b) to (d).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1999 Amendment
Effective Date of 1996 Amendment
Section 903(c) of
"(1) cases commenced on or after the date of the enactment of this Act [Apr. 24, 1996]; and
"(2) appellate proceedings, in which an appeal is perfected, on or after the date of the enactment of this Act."
Effective Date of 1987 Amendment
Section 26 of
Effective Date of 1986 Amendment
Section 105 of title I of
Effective Date of 1984 Amendment
Amendment by section 223(e) of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 4 of
Effective Date of 1970 Amendment
Section 3 of
Effective Date of 1968 Amendment
Amendment by
Short Title of 1986 Amendment
Section 101 of title I of
Short Title of 1984 Amendment
Section 1901 of chapter XIX (§1901) of title II of
Short Title
Section 1 of
Savings Provision
Section 206(c) of
Award of Attorney's Fees and Litigation Expenses to Defense
Section 617 of
Government Rates of Travel for Criminal Justice Act Attorneys and Experts
Study of Federal Defender Program
Funds for Payment of Compensation and Reimbursement
Certification by Attorney General to Administrative Office of United States Courts of Payment of Obligated Expenses
Section 5(c) of
Power and Function of a United States Commissioner
Section 2 of
Submission of Plans
Section 3 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3007. Motions—(Rule)
See Federal Rules of Criminal Procedure
Motions substituted for pleas in abatement and special pleas in bar, rule 12.
Form and contents, rule 47.
(June 25, 1948, ch. 645,
§3008. Service and filing of papers—(Rule)
See Federal Rules of Criminal Procedure
Requirement and manner of service; notice of orders; filing papers, rule 49.
(June 25, 1948, ch. 645,
§3009. Records—(Rule)
See Federal Rules of Criminal Procedure
Keeping of records by district court clerks and magistrates, rule 55.
(June 25, 1948, ch. 645,
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
§3010. Exceptions unnecessary—(Rule)
See Federal Rules of Criminal Procedure
Objections substituted for exceptions, rule 51.
(June 25, 1948, ch. 645,
§3011. Computation of time—(Rule)
See Federal Rules of Criminal Procedure
Computation: enlargement; expiration of term; motions and affidavits; service by mail, rule 45.
(June 25, 1948, ch. 645,
[§3012. Repealed. Pub. L. 98–473, title II, §218(a)(2), Oct. 12, 1984, 98 Stat. 2027 ]
Section, act June 25, 1948, ch. 645,
Effective Date of Repeal
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of
§3013. Special assessment on convicted persons
(a) The court shall assess on any person convicted of an offense against the United States—
(1) in the case of an infraction or a misdemeanor—
(A) if the defendant is an individual—
(i) the amount of $5 in the case of an infraction or a class C misdemeanor;
(ii) the amount of $10 in the case of a class B misdemeanor; and
(iii) the amount of $25 in the case of a class A misdemeanor; and
(B) if the defendant is a person other than an individual—
(i) the amount of $25 in the case of an infraction or a class C misdemeanor;
(ii) the amount of $50 in the case of a class B misdemeanor; and
(iii) the amount of $125 in the case of a class A misdemeanor;
(2) in the case of a felony—
(A) the amount of $100 if the defendant is an individual; and
(B) the amount of $400 if the defendant is a person other than an individual.
(b) Such amount so assessed shall be collected in the manner that fines are collected in criminal cases.
(c) The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition.
(d) For the purposes of this section, an offense under
(Added
Amendments
1996—Subsec. (a)(2).
1990—Subsec. (a)(1)(B).
1988—Subsec. (a)(1).
"(A) the amount of $25 if the defendant is an individual; and
"(B) the amount of $100 if the defendant is a person other than an individual; and".
Subsec. (c).
1987—Subsecs. (c), (d).
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective 30 days after Oct. 12, 1984, see section 1409(a) of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 203 —ARREST AND COMMITMENT
Amendments
1996—
1994—
1990—
1988—
1984—
1970—
1968—
1951—Act Oct. 31, 1951, ch. 655, §56(f),
1 So in original. Does not conform to section catchline.
§3041. Power of courts and magistrates
For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in
A United States judge or magistrate shall proceed under this section according to rules promulgated by the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond determining, pursuant to the provisions of
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §591 (R.S. §1014; May 28, 1896, ch. 252, §19,
This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54(a) which prescribed the procedure for preliminary proceedings and examinations before United States judges and commissioners and for removal proceedings but not for preliminary examinations before State magistrates.
Amendments
1984—
1968—
1966—
Change of Name
Reference to United States magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Federal Rules of Criminal Procedure
Commitment to another district; removal, see rule 40, Appendix to this title.
Complaint, see rule 3.
Criminal contempt, admission to bail, see rule 42.
Custody or bail, continuation pending filing of new indictment or information, see rule 12.
Detained witness, direction for taking deposition, see rule 15.
Proceedings before United States magistrate judges, see rule 5.
Release from custody, see rule 46.
Secrecy of indictment pending defendant's custody or release pending trial, see rule 6.
Stay of execution and relief pending review, see rule 38.
Transmission of bail when transfer ordered from the district or division for trial, see rule 21.
Warrant or summons upon complaint, see rule 4.
Warrant or summons upon indictment or information, see rule 9.
Cross References
Arrests—
Searches and seizures, issuance of warrant, see Const. Amend. 4.
Senators and Representatives as privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance at the session of their respective Houses, and in going to and returning from the same, see Const. Art. I, §6.
Extraterritorial jurisdiction, generally, see
Jurisdiction and venue, see
Magistrate judges, power to impose conditions of release, see
Release and detention pending judicial proceedings, see
Appeal by United States, see
Excessive bail shall not be required, see Const. Amend. 8.
Obstructing justice by false bail, see
United States defined, see
United States magistrate judges, see
Section Referred to in Other Sections
This section is referred to in
§3042. Extraterritorial jurisdiction
Such fugitive first mentioned may, by any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction and agreeably to the usual mode of process against offenders subject to such jurisdiction, be arrested and detained or conditionally released pursuant to
Such marshal or other officer, or the deputies of such marshal or officer, when engaged in executing such warrant without the jurisdiction of the court to which they are attached, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner's safekeeping and the execution of the warrant.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §662b (Mar. 22, 1934, ch. 73, §1,
Words "crime or" before "offense" were omitted as unnecessary.
Words "and the Philippine Islands" were deleted in two places as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.
Words "its Territories, Districts, or possessions, including the Panama Canal Zone or any other territory governed, occupied, or controlled by it" were omitted as covered by
Minor changes were made in phraseology.
Amendments
1984—
Canal Zone
Applicability of section to Canal Zone, see
Federal Rules of Criminal Procedure
Non-application to extradition proceedings, see rule 54, Appendix to this title.
Cross References
Habeas corpus, no right of appeal from final order in a proceeding to test the validity of a warrant of removal issued pursuant to this section, see
Provisional arrest, obtained by telegraph, see
Section Referred to in Other Sections
This section is referred to in
[§3043. Repealed. Pub. L. 98–473, title II, §204(c), Oct. 12, 1984, 98 Stat. 1986 ]
Section, acts June 25, 1948, ch. 645,
§3044. Complaint—(Rule)
See Federal Rules of Criminal Procedure
Contents of complaint; oath, Rule 3.
(June 25, 1948, ch. 645,
§3045. Internal revenue violations
Warrants of arrest for violations of internal revenue laws may be issued by United States magistrates upon the complaint of a United States attorney, assistant United States attorney, collector, or deputy collector of internal revenue or revenue agent, or private citizen; but no such warrant of arrest shall be issued upon the complaint of a private citizen unless first approved in writing by a United States attorney.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §594 (May 28, 1896, ch. 252, §19,
Minor changes were made in phraseology.
References in Text
The internal revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code.
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
Abolition of Offices of Collector and Deputy Collector of Internal Revenue
Offices of Collector and Deputy Collector of Internal Revenue abolished by Reorg. Plan No. 1 of 1952, §1, eff. Mar. 14, 1952, 17 F.R. 2243,
§3046. Warrant or summons—(Rule)
See Federal Rules of Criminal Procedure
Issuance upon complaint, Rule 4.
Issuance upon indictment, Rule 9.
Summons on request of government; form; contents; service; return, Rules 4, 9.
(June 25, 1948, ch. 645,
§3047. Multiple warrants unnecessary
When two or more charges are made, or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial. It shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in general terms.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §602 (R.S. §1027).
Minor changes were made in phraseology.
Federal Rules of Criminal Procedure
Warrants and summonses generally, see rules 4 and 9, Appendix to this title.
§3048. Commitment to another district; removal—(Rule)
See Federal Rules of Criminal Procedure
Arrest in nearby or distant districts; informative statement by judge or magistrate; hearing and removal; warrant; Rule 40.
(June 25, 1948, ch. 645,
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
§3049. Warrant for removal
Only one writ or warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he is removed.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §604 (R.S. §1029).
§3050. Bureau of Prisons employees' powers
An officer or employee of the Bureau of Prisons may—
(1) make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of
(2) make arrests on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of
(3) arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property;
if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person's escaping before an arrest warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §753k (June 29, 1940, ch. 449, §5,
Section was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instrumentalities, by reference to
Minor changes were made in phraseology and provision for taking arrested person before magistrate was omitted as covered by rule 5(a) of the Federal Rules of Criminal Procedure.
Amendments
1986—
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
[§3051. Repealed. Oct. 31, 1951, ch. 655, §56(f), 65 Stat. 729 ]
Section, act June 25, 1948, ch. 645, §1,
Savings Provision
Subsec. (l) of section 56 of act Oct. 31, 1951, ch. 655,
§3052. Powers of Federal Bureau of Investigation
The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Language relating to seizures under warrant is in
Minor changes were made in phraseology particularly with respect to omission of provision covered by rule 5(a) of Federal Rules of Criminal Procedure.
Amendments
1951—Act Jan. 10, 1951, allowed F. B. I. personnel to make arrests without a warrant for any offense against the United States committed in their presence.
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
Cross References
Federal Bureau of Investigation generally, see
§3053. Powers of marshals and deputies
United States marshals and their deputies may carry firearms and may make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Minor changes were made in phraseology.
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
Cross References
United States marshals generally, see
[§3054. Repealed. Pub. L. 97–79, §9(b)(3), Nov. 16, 1981, 95 Stat. 1079 ]
Section, acts June 25, 1948, ch. 645,
§3055. Officers' powers to suppress Indian liquor traffic
The chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The only change was to delete the words at the beginning of the section, "The powers conferred by
§3056. Powers, authorities, and duties of United States Secret Service
(a) Under the direction of the Secretary of the Treasury, the United States Secret Service is authorized to protect the following persons:
(1) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, and the Vice President-elect.
(2) The immediate families of those individuals listed in paragraph (1).
(3) Former Presidents and their spouses for their lifetimes, except that protection of a spouse shall terminate in the event of remarriage unless the former President did not serve as President prior to January 1, 1997, in which case, former Presidents and their spouses for a period of not more than ten years from the date a former President leaves office, except that—
(A) protection of a spouse shall terminate in the event of remarriage or the divorce from, or death of a former President; and
(B) should the death of a President occur while in office or within one year after leaving office, the spouse shall receive protection for one year from the time of such death:
Provided, That the Secretary of the Treasury shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time if the Secretary of the Treasury or designee determines that information or conditions warrant such protection.
(4) Children of a former President who are under 16 years of age for a period not to exceed ten years or upon the child becoming 16 years of age, whichever comes first.
(5) Visiting heads of foreign states or foreign governments.
(6) Other distinguished foreign visitors to the United States and official representatives of the United States performing special missions abroad when the President directs that such protection be provided.
(7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates. As used in this paragraph, the term "major Presidential and Vice Presidential candidates" means those individuals identified as such by the Secretary of the Treasury after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee.
The protection authorized in paragraphs (2) through (7) may be declined.
(b) Under the direction of the Secretary of the Treasury, the Secret Service is authorized to detect and arrest any person who violates—
(1)
(2) any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or
(3) any of the laws of the United States relating to electronic fund transfer frauds, credit and debit card frauds, and false identification documents or devices; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of the Treasury and shall not affect the authority of any other Federal law enforcement agency with respect to those laws.
(c)(1) Under the direction of the Secretary of the Treasury, officers and agents of the Secret Service are authorized to—
(A) execute warrants issued under the laws of the United States;
(B) carry firearms;
(C) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony;
(D) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or potential violation of those provisions of law which the Secret Service is authorized to enforce;
(E) pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of the Treasury and accounted for solely on the Secretary's certificate; and
(F) perform such other functions and duties as are authorized by law.
(2) Funds expended from appropriations available to the Secret Service for the purchase of counterfeits and subsequently recovered shall be reimbursed to the appropriations available to the Secret Service at the time of the reimbursement.
(d) Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by this section or by
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §148, and on
Section consolidates said
Said
Said
In this section, the wording of said
Words "of the United States marshal having jurisdiction", following "custody" in all three of said sections, were omitted as surplusage.
Changes were made in phraseology.
References in Text
Amendments
1996—Subsec. (a)(3).
1994—Subsec. (a)(3).
"(1) protection of a spouse shall terminate in the event of remarriage or the divorce from, or death of a former President; and
"(2) should the death of a President occur while in office or within one year after leaving office, the spouse shall receive protection for one year from the time of such death:
Provided, That the Secretary of the Treasury shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time if the Secretary of the Treasury or designee determines that information or conditions warrant such protection".
Subsec. (a)(4).
1984—
1983—Subsec. (a).
1982—Subsec. (a).
Subsec. (b).
1976—Subsec. (a).
Subsec. (b).
1974—Subsec. (a).
1971—
1968—
1965—
1962—
1959—
1954—Act Aug. 31, 1954, struck out "detect, and arrest any person violating any laws of the United States directly concerning official matters administered by and under the direct control of the Treasury Department".
1951—Act July 16, 1951, provided basic authority for the Secret Service to perform certain functions and activities heretofore carried out by virtue of authority contained in appropriation acts.
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1959 Amendment
Amendment by
Telecommunications Support to United States Secret Service by White House Communications Agency
Off-Set of Costs of Protecting Former Presidents and Spouses
Similar provisions were contained in the following prior appropriations acts:
Former Vice President or Spouse; Protection
"(1) the United States Secret Service, in addition to other duties now provided by law, is authorized to furnish protection to—
"(A) the person occupying the Office of Vice President of the United States immediately preceding January 20, 1993, or
"(B) his spouse,
if the President determines that such person may thereafter be in significant danger; and
"(2) protection of any such person, pursuant to the authority provided in paragraph (1), shall continue only for such period as the President determines, except that such protection shall not continue beyond July 20, 1993, unless otherwise permitted by law."
Secret Service Protection of Former Federal Officials
Presidential Protection Assistance Act of 1976
"
"(1) 'Secret Service' means the United States Secret Service, the Department of the Treasury;
"(2) 'Director' means the Director of the Secret Service;
"(3) 'protectee' means any person eligible to receive the protection authorized by
"(4) 'Executive departments' has the same meaning as provided in
"(5) 'Executive agencies' has the same meaning as provided in
"(6) 'Coast Guard' means the United States Coast Guard, Department of Transportation or such other Executive department or Executive agency to which the United States Coast Guard may subsequently be transferred;
"(7) 'duties' means all responsibilities of an Executive department or Executive agency relating to the protection of any protectee; and
"(8) 'non-Governmental property' means any property owned, leased, occupied, or otherwise utilized by a protectee which is not owned or controlled by the Government of the United States of America.
"
"(b) A protectee may thereafter designate a different non-Governmental property in lieu of the non-Governmental property previously designated under subsection (a) (hereinafter in this Act referred to as the 'previously designated property') as the one non-Governmental property to be fully secured by the Secret Service on a permanent basis under subsection (a). Thereafter, any expenditures by the Secret Service to maintain a permanent guard detail or for permanent facilities, equipment, and services to secure the non-Governmental property previously designated under subsection (a) shall be subject to the limitations imposed under section 4.
"(c) For the purposes of this section, where two or more protectees share the same domicile, such protectees shall be deemed a single protectee.
"
"
"(b) Upon termination of Secret Service protection at any non-Governmental property all such improvements and other items shall be removed from the non-Governmental property unless the Director determines that it would not be economically feasible to do so; except that such improvements and other items shall be removed and the non-Governmental property shall be restored to its original state if the owner of such property at the time of termination requests the removal of such improvements or other items. If any such improvements or other items are not removed, the owner of the non-Governmental property at the time of termination shall compensate the United States for the original cost of such improvements or other items or for the amount by which they have increased the fair market value of the property, as determined by the Director, as of the date of termination, whichever is less.
"(c) In the event that any non-Governmental property becomes a previously designated property and Secret Service protection at that property has not been terminated, all such improvements and other items which the Director determines are not necessary to secure the previously designated property within the limitations imposed under section 4 shall be removed or compensated for in accordance with the procedures set forth under Subsection (b) of this section.
"
"
"
"(1) expenditures made by the Department of Defense or the Coast Guard from funds appropriated to the Department of Defense or the Coast Guard in providing assistance on a temporary basis to the Secret Service in the performance of its duties directly related to the protection of the President or the Vice President or other officer next in order of succession to the office of the President; and
"(2) expenditures made by Executive departments and agencies, in providing assistance at the request of the Secret Service in the performance of its duties, and which will be reimbursed by the Secret Service under section 6 of this Act.
"
"
"
"
Major Presidential or Vice Presidential Candidates and Spouses; Personal Protection
Extension of Protection of President's Widow and Children
Applicability of Reorg. Plan No. 26 of 1950
Section 5 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3057. Bankruptcy investigations
(a) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under
(b) The United States attorney thereupon shall inquire into the facts and report thereon to the referee, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on
Remaining provisions of
The words "or laws relating to insolvent debtors, receiverships, or reorganization plans" were inserted to avoid reference to "Title 11".
Minor changes were made in phraseology.
1949 Act
This section [section 48] clarifies the meaning of
Amendments
1978—Subsec. (a).
Subsec. (b).
1949—Subsec. (a). Act May 24, 1949, substituted "or other laws of the United States" for "or laws".
Effective Date of 1978 Amendment
Amendment by
Savings Provision
Amendment by
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
§3058. Interned belligerent nationals
Whoever, belonging to the armed land or naval forces of a belligerent nation or belligerent faction and being interned in the United States, in accordance with the law of nations, leaves or attempts to leave said jurisdiction, or leaves or attempts to leave the limits of internment without permission from the proper official of the United States in charge, or willfully overstays a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §37 (June 15, 1917, ch. 30, title V, §7,
Said section 37 was incorporated in this section and
Minor verbal changes were made.
Amendments
1990—
Cross References
Jurisdiction, see
Section Referred to in Other Sections
This section is referred to in title 22 section 465.
§3059. Rewards and appropriations therefor
(a)(1) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $25,000 as a reward or rewards for the capture of anyone who is charged with violation of criminal laws of the United States or any State or of the District of Columbia, and an equal amount as a reward or rewards for information leading to the arrest of any such person, to be apportioned and expended in the discretion of, and upon such conditions as may be imposed by, the Attorney General of the United States. Not more than $25,000 shall be expended for information or capture of any one person.
(2) If any of the said persons shall be killed in resisting lawful arrest, the Attorney General may pay any part of the reward money in his discretion to the person or persons whom he shall adjudge to be entitled thereto but no reward money shall be paid to any official or employee of the Department of Justice of the United States.
(b) The Attorney General each year may spend not more than $10,000 for services or information looking toward the apprehension of narcotic law violators who are fugitives from justice.
(c)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make a payment of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution under section 2326 which results in a conviction.
(2) A person is not eligible for a payment under paragraph (1) if—
(A) the person is a current or former officer or employee of a Federal, State, or local government agency or instrumentality who furnishes information discovered or gathered in the course of government employment;
(B) the person knowingly participated in the offense;
(C) the information furnished by the person consists of an allegation or transaction that has been disclosed to the public—
(i) in a criminal, civil, or administrative proceeding;
(ii) in a congressional, administrative, or General Accounting Office report, hearing, audit, or investigation; or
(iii) by the news media, unless the person is the original source of the information; or
(D) when, in the judgment of the Attorney General, it appears that a person whose illegal activities are being prosecuted or investigated could benefit from the award.
(3) For the purposes of paragraph (2)(C)(iii), the term "original source" means a person who has direct and independent knowledge of the information that is furnished and has voluntarily provided the information to the Government prior to disclosure by the news media.
(4) Neither the failure of the Attorney General to authorize a payment under paragraph (1) nor the amount authorized shall be subject to judicial review.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §575 (June 6, 1934, ch. 408,
Changes were made in phraseology.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3059(b) | 31:1023(c). | June 1, 1955, ch. 119, §1(c), |
The words "Attorney General" are substituted for "Secretary of the Treasury" because of section 1 of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973,
References in Text
The criminal laws of the United States, referred to in subsec. (a)(1), are classified generally to this title.
Amendments
1994—Subsec. (c).
1982—
Spending Limitations Lifted
Similar provisions were contained in the following appropriation acts:
Canal Zone
Applicability of section to Canal Zone, see
Section Referred to in Other Sections
This section is referred to in
§3059A. Special rewards for information relating to certain financial institution offenses
(a)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make payments to persons who furnish information unknown to the Government relating to a possible prosecution under
(2) The amount of a payment under paragraph (1) shall not exceed $50,000 and shall be paid from the Financial Institution Information Award Fund established under section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990.
(b) A person is not eligible for a payment under subsection (a) if—
(1) the person is a current or former officer or employee of a Federal or State government agency or instrumentality who furnishes information discovered or gathered in the course of his government employment;
(2) the furnished information consists of allegations or transactions that have been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or General Accounting Office report, hearing, audit or investigation, from any other government source, or from the news media unless the person is the original source of the information;
(3) the person is an institution-affiliated party (as defined in section 3(u) of the Federal Deposit Insurance Act,
(4) the person is a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or
(5) the person knowingly participated in the violation of the section with respect to which the payment would be made.
(c) For the purposes of subsection (b)(2), the term "original source" means a person who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government prior to the disclosure.
(d) Neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review.
(e)(1) A person who—
(A) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the person on behalf of the person or others in furtherance of a prosecution under any of the sections referred to in subsection (a) (including provision of information relating to, investigation for, initiation of, testimony for, or assistance in such a prosecution); and
(B) was not a knowing participant in the unlawful activity that is the subject of such a prosecution,
may, in a civil action, obtain all relief necessary to make the person whole.
(2) Relief under paragraph (1) shall include—
(A)(i) reinstatement with the same seniority status;
(ii) 2 times the amount of back pay plus interest; and
(iii) interest on the back pay,
that the plaintiff would have had but for the discrimination; and
(B) compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.
(Added
References in Text
Section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990, referred to in subsec. (a)(2), is classified to
Amendments
1996—Subsec. (a)(1).
Subsec. (e)(2)(A)(iii).
1994—Subsec. (a)(1).
Subsecs. (b), (c).
Subsec. (e)(2)(A)(iii).
Effective Date of 1996 Amendment
Amendment by section 604(b)(24) of
Section Referred to in Other Sections
This section is referred to in title 12 sections 4205, 4209, 4212, 4225, 4229.
§3059B. General reward authority
(a) Notwithstanding any other provision of law, the Attorney General may pay rewards and receive from any department or agency funds for the payment of rewards under this section to any individual who assists the Department of Justice in performing its functions.
(b) Not later than 30 days after authorizing a reward under this section that exceeds $100,000, the Attorney General shall give notice to the respective chairmen of the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives.
(c) A determination made by the Attorney General to authorize an award under this section and the amount of any reward authorized shall be final and conclusive, and not subject to judicial review.
(Added
§3060. Preliminary examination
(a) Except as otherwise provided by this section, a preliminary examination shall be held within the time set by the judge or magistrate pursuant to subsection (b) of this section, to determine whether there is probable cause to believe that an offense has been committed and that the arrested person has committed it.
(b) The date for the preliminary examination shall be fixed by the judge or magistrate at the initial appearance of the arrested person. Except as provided by subsection (c) of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than—
(1) the tenth day following the date of the initial appearance of the arrested person before such officer if the arrested person is held in custody without any provision for release, or is held in custody for failure to meet the conditions of release imposed, or is released from custody only during specified hours of the day; or
(2) the twentieth day following the date of the initial appearance if the arrested person is released from custody under any condition other than a condition described in paragraph (1) of this subsection.
(c) With the consent of the arrested person, the date fixed by the judge or magistrate for the preliminary examination may be a date later than that prescribed by subsection (b), or may be continued one or more times to a date subsequent to the date initially fixed therefor. In the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice.
(d) Except as provided by subsection (e) of this section, an arrested person who has not been accorded the preliminary examination required by subsection (a) within the period of time fixed by the judge or magistrate in compliance with subsections (b) and (c), shall be discharged from custody or from the requirement of bail or any other condition of release, without prejudice, however, to the institution of further criminal proceedings against him upon the charge upon which he was arrested.
(e) No preliminary examination in compliance with subsection (a) of this section shall be required to be accorded an arrested person, nor shall such arrested person be discharged from custody or from the requirement of bail or any other condition of release pursuant to subsection (d), if at any time subsequent to the initial appearance of such person before a judge or magistrate and prior to the date fixed for the preliminary examination pursuant to subsections (b) and (c) an indictment is returned or, in appropriate cases, an information is filed against such person in a court of the United States.
(f) Proceedings before United States magistrates under this section shall be taken down by a court reporter or recorded by suitable sound recording equipment. A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts.
(June 25, 1948, ch. 645,
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
§3061. Investigative powers of Postal Service personnel
(a) Subject to subsection (b) of this section, Postal Inspectors and other agents of the United States Postal Service designated by the Board of Governors to investigate criminal matters related to the Postal Service and the mails may—
(1) serve warrants and subpoenas issued under the authority of the United States;
(2) make arrests without warrant for offenses against the United States committed in their presence;
(3) make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony;
(4) carry firearms; and
(5) make seizures of property as provided by law.
(b) The powers granted by subsection (a) of this section shall be exercised only—
(1) in the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses; and
(2) to the extent authorized by the Attorney General pursuant to agreement between the Attorney General and the Postal Service, in the enforcement of other laws of the United States, if the Attorney General determines that violations of such laws have a detrimental effect upon the operations of the Postal Service.
(Added
Amendments
1988—
"(a) Subject to subsection (b) of this section, officers and employees of the Postal Service performing duties related to the inspection of postal matters may, to the extent authorized by the Board of Governors—
"(1) serve warrants and subpenas issued under the authority of the United States;
"(2) make arrests without warrant for offenses against the United States committed in their presence; and
"(3) make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony.
"(b) The powers granted by subsection (a) of this section shall be exercised only in the enforcement of laws regarding property of the United States in the custody of the Postal Service, including property of the Postal Service, the use of the mails, and other postal offenses."
1970—
Subsec. (a).
Subsec. (b).
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 39 section 1003.
§3062. General arrest authority for violation of release conditions
A law enforcement officer, who is authorized to arrest for an offense committed in his presence, may arrest a person who is released pursuant to
(Added
Amendments
1988—
§3063. Powers of Environmental Protection Agency
(a) Upon designation by the Administrator of the Environmental Protection Agency, any law enforcement officer of the Environmental Protection Agency with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency, may—
(1) carry firearms;
(2) execute and serve any warrant or other processes issued under the authority of the United States; and
(3) make arrests without warrant for—
(A) any offense against the United States committed in such officer's presence; or
(B) any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony offense.
(b) The powers granted under subsection (a) of this section shall be exercised in accordance with guidelines approved by the Attorney General.
(Added
CHAPTER 204 —REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND ESPIONAGE
Amendments
1994—
Chapter Referred to in Other Sections
This chapter is referred to in title 22 section 5512.
§3071. Information for which rewards authorized
(a) With respect to acts of terrorism primarily within the territorial jurisdiction of the United States, the Attorney General may reward any individual who furnishes information—
(1) leading to the arrest or conviction, in any country, of any individual or individuals for the commission of an act of terrorism against a United States person or United States property; or
(2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of terrorism against a United States person or property; or
(3) leading to the prevention, frustration, or favorable resolution of an act of terrorism against a United States person or property.
(b) With respect to acts of espionage involving or directed at the United States, the Attorney General may reward any individual who furnishes information—
(1) leading to the arrest or conviction, in any country, of any individual or individuals for commission of an act of espionage against the United States;
(2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of espionage against the United States; or
(3) leading to the prevention or frustration of an act of espionage against the United States.
(Added
Amendments
1994—
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§3072. Determination of entitlement; maximum amount; Presidential approval; conclusiveness
The Attorney General shall determine whether an individual furnishing information described in section 3071 is entitled to a reward and the amount to be paid. A reward under this section may be in an amount not to exceed $500,000. A reward of $100,000 or more may not be made without the approval of the President or the Attorney General personally. A determination made by the Attorney General or the President under this chapter shall be final and conclusive, and no court shall have power or jurisdiction to review it.
(Added
Spending Limitations Lifted
Any funds made available to Attorney General before or after July 27, 1995, not subject to spending limitations contained in this section, provided that any reward of $100,000 or more, up to maximum of $2,000,000, not to be made without personal approval of President or Attorney General, with such approval not to be delegated, see section 3001 of
§3073. Protection of identity
Any reward granted under this chapter shall be certified for payment by the Attorney General. If it is determined that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Attorney General may take such measures in connection with the payment of the reward as deemed necessary to effect such protection.
(Added
§3074. Exception of governmental officials
No officer or employee of any governmental entity who, while in the performance of his or her official duties, furnishes the information described in section 3071 shall be eligible for any monetary reward under this chapter.
(Added
§3075. Authorization for appropriations
There are authorized to be appropriated, without fiscal year limitation, $5,000,000 for the purpose of this chapter.
(Added
§3076. Eligibility for witness security program
Any individual (and the immediate family of such individual) who furnishes information which would justify a reward by the Attorney General under this chapter or by the Secretary of State under section 36 of the State Department Basic Authorities Act of 1956 may, in the discretion of the Attorney General, participate in the Attorney General's witness security program authorized under
(Added
References in Text
Section 36 of the State Department Basic Authorities Act of 1956, referred to in text, is classified to
Amendments
1986—
§3077. Definitions
As used in this chapter, the term—
(1) "act of terrorism" means an activity that—
(A) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping;
(2) "United States person" means—
(A) a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (
(B) an alien lawfully admitted for permanent residence in the United States as defined in section 101(a)(20) of the Immigration and Nationality Act (
(C) any person within the United States;
(D) any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment;
(E) a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and
(F) a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation;
(3) "United States property" means any real or personal property which is within the United States or, if outside the United States, the actual or beneficial ownership of which rests in a United States person or any Federal or State governmental entity of the United States;
(4) "United States", when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States;
(5) "State" includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States;
(6) "government entity" includes the Government of the United States, any State or political subdivision thereof, any foreign country, and any state, provincial, municipal, or other political subdivision of a foreign country;
(7) "Attorney General" means the Attorney General of the United States or that official designated by the Attorney General to perform the Attorney General's responsibilities under this chapter; and
(8) "act of espionage" means an activity that is a violation of—
(A)
(B) section 4 of the Subversive Activities Control Act of 1950.
(Added
References in Text
Section 4 of the Subversive Activities Control Act of 1950, referred to in par. (8)(B), is classified to
Amendments
1996—Par. (8)(A).
1994—Par. (1)(B)(iii).
Par. (8).
1990—
1988—Par. (4).
"(A) when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States; and
"(B) when used in the context of section 3073 shall have the meaning given to it in the Immigration and Nationality Act (
Section Referred to in Other Sections
This section is referred to in
CHAPTER 205 —SEARCHES AND SEIZURES
Codification
Amendments
1990—
1988—
1986—
1968—
Chapter Referred to in Other Sections
This chapter is referred to in title 26 section 7302.
§3101. Effect of rules of court—(Rule)
See Federal Rules of Criminal Procedure
Rules generally applicable throughout United States, Rule 54.
Acts of Congress superseded, Rule 41(g).
(June 25, 1948, ch. 645,
References in Text
Rule 41(g), referred to in text, was relettered 41(h) by 1972 amendment eff. Oct. 1, 1972.
§3102. Authority to issue search warrant—(Rule)
See Federal Rules of Criminal Procedure
Federal, State or Territorial Judges, or U.S. magistrates authorized to issue search warrants, Rule 41(a).
(June 25, 1948, ch. 645,
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
§3103. Grounds for issuing search warrant—(Rule)
See Federal Rules of Criminal Procedure
Grounds prescribed for issuance of search warrant, Rule 41(b).
(June 25, 1948, ch. 645,
Section Referred to in Other Sections
This section is referred to in
§3103a. Additional grounds for issuing warrant
In addition to the grounds for issuing a warrant in
(Added
Codification
§3104. Issuance of search warrant; contents—(Rule)
See Federal Rules of Criminal Procedure
Issuance of search warrant on affidavit; contents to identify persons or place; command to search forthwith, Rule 41(c).
(June 25, 1948, ch. 645,
§3105. Persons authorized to serve search warrant
A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §617 (June 15, 1917, ch. 30, title XI, §7,
Minor change was made in phraseology.
Canal Zone
Applicability of section to Canal Zone, see
Federal Rules of Criminal Procedure
Search warrants and seizures, see rule 41, Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§3106. Officer authorized to serve search warrant—(Rule)
See Federal Rules of Criminal Procedure
Officer to whom search warrant shall be directed, Rule 41(c).
(June 25, 1948, ch. 645,
§3107. Service of warrants and seizures by Federal Bureau of Investigation
The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investigation of the Department of Justice are empowered to make seizures under warrant for violation of the laws of the United States.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Amendments
1951—Act Jan. 10, 1951, included within its provisions the Associate Director and the Assistant to the Director.
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
§3108. Execution, service, and return—(Rule)
See Federal Rules of Criminal Procedure
Method and time for execution, service and return of search warrant, Rule 41(c), (d).
(June 25, 1948, ch. 645,
§3109. Breaking doors or windows for entry or exit
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§618, 619 (June 15, 1917, ch. 30, title XI, §§8, 9,
Said sections 618 and 619 were consolidated with minor changes in phraseology but without change of substance.
Canal Zone
Applicability of section to Canal Zone, see
Federal Rules of Criminal Procedure
Search warrants and seizures, see rule 41, Appendix to this title.
Cross References
Authority, exceeding in executing warrant, see
Section Referred to in Other Sections
This section is referred to in
§3110. Property defined—(Rule)
See Federal Rules of Criminal Procedure
Term "property" as used in Rule 41 includes documents, books, papers and any other tangible objects, Rule 41(g).
(June 25, 1948, ch. 645,
References in Text
Rule 41(g), referred to in text, was redesignated 41(h) by 1972 amendment eff. Oct. 1, 1972.
§3111. Property seizable on search warrant—(Rule)
See Federal Rules of Criminal Procedure
Specified property seizable on search warrant, Rule 41(b).
(June 25, 1948, ch. 645,
[§3112. Repealed. Pub. L. 97–79, §9(b)(3), Nov. 16, 1981, 95 Stat. 1079 ]
Section, acts June 25, 1948, ch. 645,
§3113. Liquor violations in Indian country
If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in
Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Said sections 246, 248, and 252 were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See
Words "except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes" were inserted. See reviser's note under
Words "conveyances and packages" were substituted for the enumeration, "boats, teams, wagons and sleds * * * and goods, packages and peltries."
Minor changes were made in phraseology.
Amendments
1994—
1951—Act Oct. 31, 1951, substituted "Department of the Army" for "War Department" in second par.
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Application of Indian liquor laws, see
Disposition of seized conveyances, see
Forfeitures and seizures—
Conveyances introducing intoxicants into Indian country, see
Jurisdiction, see
Proceedings, see
Indian country defined, see
Intoxicants dispensed in Indian country, see
Unlawful possession of intoxicants in Indian country, see
Section Referred to in Other Sections
This section is referred to in
§3114. Return of seized property and suppression of evidence; motion—(Rule)
See Federal Rules of Criminal Procedure
Return of property and suppression of evidence upon motion, Rule 41(e).
(June 25, 1948, ch. 645,
§3115. Inventory upon execution and return of search warrant—(Rule)
See Federal Rules of Criminal Procedure
Inventory of property seized under search warrant and copies to persons affected, Rule 41(d).
(June 25, 1948, ch. 645,
§3116. Records of examining magistrate; return to clerk of court—(Rule)
See Federal Rules of Criminal Procedure
Magistrates and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule 55.
Return or filing of records with clerk, Rule 41(f).
(June 25, 1948, ch. 645,
Historical and Revision Notes
References in Text
Rule 41(f), referred to in text, was redesignated 41(g) by 1972 amendment eff. Oct. 1, 1972.
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
§3117. Mobile tracking devices
(a)
(b)
(Added
Codification
Another section 3117 was renumbered
Effective Date
Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of
Section Referred to in Other Sections
This section is referred to in
§3118. Implied consent for certain tests
(a)
(b)
(Added
Amendments
1990—
CHAPTER 206 —PEN REGISTERS AND TRAP AND TRACE DEVICES
Amendments
1988—
Chapter Referred to in Other Sections
This chapter is referred to in
§3121. General prohibition on pen register and trap and trace device use; exception
(a)
(b)
(1) relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
(2) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (3) where the consent of the user of that service has been obtained.
(c)
(d)
(Added
References in Text
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is
Amendments
1994—Subsecs. (c), (d).
Effective Date
Section 302 of title III of
"(a)
"(b)
"(1) the day before the date of the taking effect of changes in State law required in order to make orders or installations under Federal law as amended by this title; or
"(2) the date two years after the date of the enactment of this Act [Oct. 21, 1986]."
§3122. Application for an order for a pen register or a trap and trace device
(a)
(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under
(b)
(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
(Added
Section Referred to in Other Sections
This section is referred to in
§3123. Issuance of an order for a pen register or a trap and trace device
(a)
(b)
(1) shall specify—
(A) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(B) the identity, if known, of the person who is the subject of the criminal investigation;
(C) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
(D) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and
(2) shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under
(c)
(2) Extensions of such an order may be granted, but only upon an application for an order under
(d)
(1) the order be sealed until otherwise ordered by the court; and
(2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
(Added
Section Referred to in Other Sections
This section is referred to in
§3124. Assistance in installation and use of a pen register or a trap and trace device
(a)
(b)
(c)
(d)
(e)
(f)
(Added
References in Text
The Communications Assistance for Law Enforcement Act, referred to in subsec. (f), is title I of
Amendments
1994—Subsec. (f).
1990—Subsec. (b).
1988—Subsec. (b).
Subsec. (d).
Subsec. (e).
Section Referred to in Other Sections
This section is referred to in
§3125. Emergency pen register and trap and trace device installation
(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that—
(1) an emergency situation exists that involves—
(A) immediate danger of death or serious bodily injury to any person; or
(B) conspiratorial activities characteristic of organized crime,
that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and
(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use;
may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with
(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier.
(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter.
(d) A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(Added
Prior Provisions
A prior section 3125 was renumbered
Amendments
1996—Subsec. (a).
1994—Subsec. (a).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§3126. Reports concerning pen registers and trap and trace devices
The Attorney General shall annually report to Congress on the number of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the Department of Justice.
(Added
Prior Provisions
A prior section 3126 was renumbered
Amendments
1988—
§3127. Definitions for chapter
As used in this chapter—
(1) the terms "wire communication", "electronic communication", and "electronic communication service" have the meanings set forth for such terms in
(2) the term "court of competent jurisdiction" means—
(A) a district court of the United States (including a magistrate of such a court) or a United States Court of Appeals; or
(B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;
(3) the term "pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(4) the term "trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted;
(5) the term "attorney for the Government" has the meaning given such term for the purposes of the Federal Rules of Criminal Procedure; and
(6) the term "State" means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in par. (5), are set out in the Appendix to this title.
Amendments
1988—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 207 —RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Amendments
1988—
1984—
1982—
1975—
1966—
1954—Act Aug. 20, 1954, ch. 772, §2,
Chapter Referred to in Other Sections
This chapter is referred to in
§3141. Release and detention authority generally
(a)
(b)
(Added
Prior Provisions
A prior section 3141, acts June 25, 1948, ch. 645,
Amendments
1986—Subsec. (a).
Subsec. (b).
Effective Date of 1986 Amendment
Section 55(j) of
Short Title of 1990 Amendment
Short Title of 1984 Amendment
Section 202 of chapter I (§§202–210) of title II of
Short Title of 1982 Amendment
Short Title
Section 1 of
Purpose of Bail Reform Act of 1966
Section 2 of
Federal Rules of Criminal Procedure
Amount of bail may be fixed by court and endorsed on warrant, see rule 9, Appendix to this title.
Release from custody—
Generally, see rule 46.
Criminal contempt proceedings, see rule 42.
Removal proceedings, see rule 40.
Secrecy of indictment pending defendant's custody or release pending trial, see rule 6.
United States magistrate judges authorized to detain or conditionally release arrested persons, see rule 5.
Cross References
Power of courts and magistrate judges to arrest, detain, or conditionally release Federal offenders, see
Section Referred to in Other Sections
This section is referred to in
§3142. Release or detention of a defendant pending trial
(a)
(1) released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (b) of this section;
(2) released on a condition or combination of conditions under subsection (c) of this section;
(3) temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (d) of this section; or
(4) detained under subsection (e) of this section.
(b)
(c)
(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release; and
(B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person—
(i) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community;
(ii) maintain employment, or, if unemployed, actively seek employment;
(iii) maintain or commence an educational program;
(iv) abide by specified restrictions on personal associations, place of abode, or travel;
(v) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense;
(vi) report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency;
(vii) comply with a specified curfew;
(viii) refrain from possessing a firearm, destructive device, or other dangerous weapon;
(ix) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (
(x) undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
(xi) execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial office may require;
(xii) execute a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety's property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;
(xiii) return to custody for specified hours following release for employment, schooling, or other limited purposes; and
(xiv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.
(2) The judicial officer may not impose a financial condition that results in the pretrial detention of the person.
(3) The judicial officer may at any time amend the order to impose additional or different conditions of release.
(d)
(1) such person—
(A) is, and was at the time the offense was committed, on—
(i) release pending trial for a felony under Federal, State, or local law;
(ii) release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under Federal, State, or local law; or
(iii) probation or parole for any offense under Federal, State, or local law; or
(B) is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (
(2) such person may flee or pose a danger to any other person or the community;
such judicial officer shall order the detention of such person, for a period of not more than ten days, excluding Saturdays, Sundays, and holidays, and direct the attorney for the Government to notify the appropriate court, probation or parole official, or State or local law enforcement official, or the appropriate official of the Immigration and Naturalization Service. If the official fails or declines to take such person into custody during that period, such person shall be treated in accordance with the other provisions of this section, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings. If temporary detention is sought under paragraph (1)(B) of this subsection, such person has the burden of proving to the court such person's United States citizenship or lawful admission for permanent residence.
(e)
(1) the person has been convicted of a Federal offense that is described in subsection (f)(1) of this section, or of a State or local offense that would have been an offense described in subsection (f)(1) of this section if a circumstance giving rise to Federal jurisdiction had existed;
(2) the offense described in paragraph (1) of this subsection was committed while the person was on release pending trial for a Federal, State, or local offense; and
(3) a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in paragraph (1) of this subsection, whichever is later.
Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (
(f)
(1) upon motion of the attorney for the Government, in a case that involves—
(A) a crime of violence;
(B) an offense for which the maximum sentence is life imprisonment or death;
(C) an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (
(D) any felony if such person has been convicted of two or more offenses described in subparagraphs (A) through (C) of this paragraph, or two or more State or local offenses that would have been offenses described in subparagraphs (A) through (C) of this paragraph if a circumstance giving rise to Federal jurisdiction had existed, or a combination of such offenses; or
(2) upon motion of the attorney for the Government or upon the judicial officer's own motion in a case, that involves—
(A) a serious risk that such person will flee; or
(B) a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
The hearing shall be held immediately upon the person's first appearance before the judicial officer unless that person, or the attorney for the Government, seeks a continuance. Except for good cause, a continuance on motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on motion of the attorney for the Government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday). During a continuance, such person shall be detained, and the judicial officer, on motion of the attorney for the Government or sua sponte, may order that, while in custody, a person who appears to be a narcotics addict receive a medical examination to determine whether such person is an addict. At the hearing, such person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The person shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding pursuant to subsection (e) that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be supported by clear and convincing evidence. The person may be detained pending completion of the hearing. The hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of such person as required and the safety of any other person and the community.
(g)
(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including—
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release. In considering the conditions of release described in subsection (c)(1)(B)(xi) or (c)(1)(B)(xii) of this section, the judicial officer may upon his own motion, or shall upon the motion of the Government, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably assure the appearance of the person as required.
(h)
(1) include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and
(2) advise the person of—
(A) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release;
(B) the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest; and
(C)
(i)
(1) include written findings of fact and a written statement of the reasons for the detention;
(2) direct that the person be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
(3) direct that the person be afforded reasonable opportunity for private consultation with counsel; and
(4) direct that, on order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which the person is confined deliver the person to a United States marshal for the purpose of an appearance in connection with a court proceeding.
The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason.
(j)
(Added
References in Text
The Controlled Substances Act, referred to in subsecs. (e) and (f)(1)(C), is title II of
The Controlled Substances Import and Export Act, referred to in subsecs. (e) and (f)(1)(C), is title III of
The Maritime Drug Law Enforcement Act, referred to in subsecs. (e) and (f)(1)(C), is
Prior Provisions
A prior section 3142, acts June 25, 1948, ch. 645,
Amendments
1996—Subsec. (e).
Subsec. (f).
1990—Subsec. (c)(1)(B)(xi).
Subsec. (c)(1)(B)(xii).
Subsecs. (e), (f)(1)(C).
Subsec. (g)(4).
1988—Subsec. (c)(3).
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Effective Date of 1990 Amendment
Amendment by sections 3622 to 3624 of
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3143. Release or detention of a defendant pending sentence or appeal
(a)
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
(A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
(b)
(A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.
(c)
(1) if the person has been sentenced to a term of imprisonment, order that person detained; and
(2) in any other circumstance, release or detain the person under section 3142.
(Added
Prior Provisions
A prior section 3143, acts June 25, 1948, ch. 645,
Amendments
1992—Subsec. (b)(1).
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
1988—Subsec. (b).
Subsec. (b)(2).
1986—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (c).
1984—Subsec. (a).
Subsec. (c).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 51(c) of
Amendment by section 55(a), (d) of
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3144. Release or detention of a material witness
If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title.
Prior Provisions
A prior section 3144, act June 25, 1948, ch. 645,
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3145. Review and appeal of a release or detention order
(a)
(1) the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release; and
(2) the person may file, with the court having original jurisdiction over the offense, a motion for amendment of the conditions of release.
The motion shall be determined promptly.
(b)
(c)
(Added
Prior Provisions
A prior section 3145, act June 25, 1948, ch. 645,
Amendments
1990—Subsec. (c).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Section Referred to in Other Sections
This section is referred to in
§3146. Penalty for failure to appear
(a)
(1) fails to appear before a court as required by the conditions of release; or
(2) fails to surrender for service of sentence pursuant to a court order;
shall be punished as provided in subsection (b) of this section.
(b)
(A) if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for—
(i) an offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both;
(ii) an offense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both;
(iii) any other felony, a fine under this title or imprisonment for not more than two years, or both; or
(iv) a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and
(B) if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both.
(2) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense.
(c)
(d)
(Added
Prior Provisions
A prior section 3146, added
Another prior section 3146, act Aug. 20, 1954, ch. 772, §1,
Amendments
1996—Subsec. (b)(1)(A)(iv).
1994—Subsec. (b)(1)(A)(iv).
1986—Subsec. (a).
"(1) he knowingly fails to appear before a court as required by the conditions of his release; or
"(2) he knowingly fails to surrender for service of sentence pursuant to a court order."
Subsec. (b).
"(1) in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction, for—
"(A) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, he shall be fined not more than $25,000 or imprisoned for not more than ten years, or both;
"(B) an offense punishable by imprisonment for a term of five or more years, but less than fifteen years, he shall be fined not more than $10,000 or imprisoned for not more than five years, or both;
"(C) any other felony, he shall be fined not more than $5,000 or imprisoned for not more than two years, or both; or
"(D) a misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both; or
"(2) for appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense."
Subsec. (c).
Subsec. (d).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3147. Penalty for an offense committed while on release
A person convicted of an offense committed while released under this chapter shall be sentenced, in addition to the sentence prescribed for the offense, to—
(1) a term of imprisonment of not more than ten years if the offense is a felony; or
(2) a term of imprisonment of not more than one year if the offense is a misdemeanor.
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
(Added
Prior Provisions
A prior section 3147, added
Amendments
1986—
1984—
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3148. Sanctions for violation of a release condition
(a)
(b)
(1) finds that there is—
(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or
(B) clear and convincing evidence that the person has violated any other condition of release; and
(2) finds that—
(A) based on the factors set forth in
(B) the person is unlikely to abide by any condition or combination of conditions of release.
If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of
(c)
(Added
Prior Provisions
A prior section 3148, added
Amendments
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3149. Surrender of an offender by a surety
A person charged with an offense, who is released upon the execution of an appearance bond with a surety, may be arrested by the surety, and if so arrested, shall be delivered promptly to a United States marshal and brought before a judicial officer. The judicial officer shall determine in accordance with the provisions of section 3148(b) whether to revoke the release of the person, and may absolve the surety of responsibility to pay all or part of the bond in accordance with the provisions of Rule 46 of the Federal Rules of Criminal Procedure. The person so committed shall be held in official detention until released pursuant to this chapter or another provision of law.
(Added
Prior Provisions
A prior section 3149, added
Section Referred to in Other Sections
This section is referred to in
§3150. Applicability to a case removed from a State court
The provisions of this chapter apply to a criminal case removed to a Federal court from a State court.
(Added
Prior Provisions
A prior section 3150, added
Section Referred to in Other Sections
This section is referred to in
[§3150a. Repealed. Pub. L. 98–473, title II, §203(a), Oct. 12, 1984, 98 Stat. 1976 ]
Section, added
§3151. Refund of forfeited bail
Appropriations available to refund money erroneously received and deposited in the Treasury are available to refund any part of forfeited bail deposited into the Treasury and ordered remitted under the Federal Rules of Criminal Procedure.
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title.
Prior Provisions
A prior section 3151, added
§3152. Establishment of pretrial services
(a) On and after the date of the enactment of the Pretrial Services Act of 1982, the Director of the Administrative Office of the United States Courts (hereinafter in this chapter referred to as the "Director") shall, under the supervision and direction of the Judicial Conference of the United States, provide directly, or by contract or otherwise (to such extent and in such amounts as are provided in appropriation Acts), for the establishment of pretrial services in each judicial district (other than the District of Columbia). Pretrial services established under this section shall be supervised by a chief probation officer appointed under
(b) Beginning eighteen months after the date of the enactment of the Pretrial Services Act of 1982, if an appropriate United States district court and the circuit judicial council jointly recommend the establishment under this subsection of pretrial services in a particular district, pretrial services shall be established under the general authority of the Administrative Office of the United States Courts.
(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate of the district or their designees. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of
(Added
References in Text
The date of enactment of the Pretrial Services Act of 1982, referred to in subsecs. (a) and (b), is the date of enactment of
Prior Provisions
A prior section 3152, as added by
Amendments
1982—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Authorization of Appropriations
Section 9 of
"(a) There are authorized to be appropriated, for the fiscal year ending September 30, 1984, and each succeeding fiscal year thereafter, such sums as may be necessary to carry out the functions and powers of pretrial services established under
"(b) There are authorized to be appropriated for the fiscal year ending September 30, 1983, and the fiscal year ending September 30, 1984, such sums as may be necessary to carry out the functions and powers of the pretrial services agencies established under
Status of Pretrial Services Agencies in Effect Prior to September 27, 1982
Section 8 of
Section Referred to in Other Sections
This section is referred to in
§3153. Organization and administration of pretrial services
(a)(1) With the approval of the district court, the chief pretrial services officer in districts in which pretrial services are established under
(2) The chief pretrial services officer in districts in which pretrial services are established under
(b) The chief probation officer in all districts in which pretrial services are established under
(c)(1) Except as provided in paragraph (2) of this subsection, information obtained in the course of performing pretrial services functions in relation to a particular accused shall be used only for the purposes of a bail determination and shall otherwise be confidential. Each pretrial services report shall be made available to the attorney for the accused and the attorney for the Government.
(2) The Director shall issue regulations establishing the policy for release of information made confidential by paragraph (1) of this subsection. Such regulations shall provide exceptions to the confidentiality requirements under paragraph (1) of this subsection to allow access to such information—
(A) by qualified persons for purposes of research related to the administration of criminal justice;
(B) by persons under contract under
(C) by probation officers for the purpose of compiling presentence reports;
(D) insofar as such information is a pretrial diversion report, to the attorney for the accused and the attorney for the Government; and
(E) in certain limited cases, to law enforcement agencies for law enforcement purposes.
(3) Information made confidential under paragraph (1) of this subsection is not admissible on the issue of guilt in a criminal judicial proceeding unless such proceeding is a prosecution for a crime committed in the course of obtaining pretrial release or a prosecution for failure to appear for the criminal judicial proceeding with respect to which pretrial services were provided.
(Added
Amendments
1982—
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Section Referred to in Other Sections
This section is referred to in
§3154. Functions and powers relating to pretrial services
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such person may pose to any other person or the community, and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release; except that a district court may direct that information not be collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in
(2) Review and modify the reports and recommendations specified in paragraph (1) of this section for persons seeking release pursuant to
(3) Supervise persons released into its custody under this chapter.
(4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including residential halfway houses, addict and alcoholic treatment centers, and counseling services.
(5) Inform the court and the United States attorney of all apparent violations of pretrial release conditions, arrests of persons released to the custody of providers of pretrial services or under the supervision of providers of pretrial services, and any danger that any such person may come to pose to any other person or the community, and recommend appropriate modifications of release conditions.
(6) Serve as coordinator for other local agencies which serve or are eligible to serve as custodians under this chapter and advise the court as to the eligibility, availability, and capacity of such agencies.
(7) Assist persons released under this chapter in securing any necessary employment, medical, legal, or social services.
(8) Prepare, in cooperation with the United States marshal and the United States attorney such pretrial detention reports as are required by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending trial.
(9) Develop and implement a system to monitor and evaluate bail activities, provide information to judicial officers on the results of bail decisions, and prepare periodic reports to assist in the improvement of the bail process.
(10) To the extent provided for in an agreement between a chief pretrial services officer in districts in which pretrial services are established under
(11) Make contracts, to such extent and in such amounts as are provided in appropriation Acts, for the carrying out of any pretrial services functions.
(12)(A) As 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
(B) Any violation of the conditions of release shall immediately be reported to the court and the Attorney General or his designee.
(13) 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.
(14) Perform such other functions as specified under this chapter.
(Added
Amendments
1996—Pars. (13), (14).
1992—Par. (1).
Pars. (12), (13).
1990—Par. (1).
1984—Par. (1).
Par. (2).
1982—
Effective Date of 1992 Amendment
Amendment by
Demonstration Program for Drug Testing of Arrested Persons and Defendants on Probation or Supervised Release
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Section Referred to in Other Sections
This section is referred to in
§3155. Annual reports
Each chief pretrial services officer in districts in which pretrial services are established under
(Added
Amendments
1982—
Section Referred to in Other Sections
This section is referred to in
§3156. Definitions
(a) As used in
(1) the term "judicial officer" means, unless otherwise indicated, any person or court authorized pursuant to
(2) the term "offense" means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;
(3) the term "felony" means an offense punishable by a maximum term of imprisonment of more than one year;
(4) the term "crime of violence" means—
(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;
(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or
(C) any felony under
(5) the term "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(b) As used in
(1) the term "judicial officer" means, unless otherwise indicated, any person or court authorized pursuant to
(2) the term "offense" means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).
(Added
Amendments
1998—Subsec. (a)(4)(C).
1996—Subsec. (a)(5).
1994—Subsec. (a)(4)(C).
1986—Subsec. (a).
1984—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (b)(1).
Subsec. (b)(2).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by section 223(h) of
CHAPTER 208 —SPEEDY TRIAL
Amendments
1979—
1975—
§3161. Time limits and exclusions
(a) In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial.
(b) Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days.
(c)(1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. If a defendant consents in writing to be tried before a magistrate on a complaint, the trial shall commence within seventy days from the date of such consent.
(2) Unless the defendant consents in writing to the contrary, the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se.
(d)(1) If any indictment or information is dismissed upon motion of the defendant, or any charge contained in a complaint filed against an individual is dismissed or otherwise dropped, and thereafter a complaint is filed against such defendant or individual charging him with the same offense or an offense based on the same conduct or arising from the same criminal episode, or an information or indictment is filed charging such defendant with the same offense or an offense based on the same conduct or arising from the same criminal episode, the provisions of subsections (b) and (c) of this section shall be applicable with respect to such subsequent complaint, indictment, or information, as the case may be.
(2) If the defendant is to be tried upon an indictment or information dismissed by a trial court and reinstated following an appeal, the trial shall commence within seventy days from the date the action occasioning the trial becomes final, except that the court retrying the case may extend the period for trial not to exceed one hundred and eighty days from the date the action occasioning the trial becomes final if the unavailability of witnesses or other factors resulting from the passage of time shall make trial within seventy days impractical. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection.
(e) If the defendant is to be tried again following a declaration by the trial judge of a mistrial or following an order of such judge for a new trial, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final. If the defendant is to be tried again following an appeal or a collateral attack, the trial shall commence within seventy days from the date the action occasioning the retrial becomes final, except that the court retrying the case may extend the period for retrial not to exceed one hundred and eighty days from the date the action occasioning the retrial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within seventy days impractical. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection.
(f) Notwithstanding the provisions of subsection (b) of this section, for the first twelve-calendar-month period following the effective date of this section as set forth in
(g) Notwithstanding the provisions of subsection (c) of this section, for the first twelve-calendar-month period following the effective date of this section as set forth in
(h) The following periods of delay shall be excluded in computing the time within which an information or an indictment must be filed, or in computing the time within which the trial of any such offense must commence:
(1) Any period of delay resulting from other proceedings concerning the defendant, including but not limited to—
(A) delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant;
(B) delay resulting from any proceeding, including any examination of the defendant, pursuant to
(C) delay resulting from deferral of prosecution pursuant to
(D) delay resulting from trial with respect to other charges against the defendant;
(E) delay resulting from any interlocutory appeal;
(F) delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion;
(G) delay resulting from any proceeding relating to the transfer of a case or the removal of any defendant from another district under the Federal Rules of Criminal Procedure;
(H) delay resulting from transportation of any defendant from another district, or to and from places of examination or hospitalization, except that any time consumed in excess of ten days from the date an order of removal or an order directing such transportation, and the defendant's arrival at the destination shall be presumed to be unreasonable;
(I) delay resulting from consideration by the court of a proposed plea agreement to be entered into by the defendant and the attorney for the Government; and
(J) delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement by the court.
(2) Any period of delay during which prosecution is deferred by the attorney for the Government pursuant to written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct.
(3)(A) Any period of delay resulting from the absence or unavailability of the defendant or an essential witness.
(B) For purposes of subparagraph (A) of this paragraph, a defendant or an essential witness shall be considered absent when his whereabouts are unknown and, in addition, he is attempting to avoid apprehension or prosecution or his whereabouts cannot be determined by due diligence. For purposes of such subparagraph, a defendant or an essential witness shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence or he resists appearing at or being returned for trial.
(4) Any period of delay resulting from the fact that the defendant is mentally incompetent or physically unable to stand trial.
(5) Any period of delay resulting from the treatment of the defendant pursuant to
(6) If the information or indictment is dismissed upon motion of the attorney for the Government and thereafter a charge is filed against the defendant for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.
(7) A reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and no motion for severance has been granted.
(8)(A) Any period of delay resulting from a continuance granted by any judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the Government, if the judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this paragraph shall be excludable under this subsection unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial.
(B) The factors, among others, which a judge shall consider in determining whether to grant a continuance under subparagraph (A) of this paragraph in any case are as follows:
(i) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice.
(ii) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by this section.
(iii) Whether, in a case in which arrest precedes indictment, delay in the filing of the indictment is caused because the arrest occurs at a time such that it is unreasonable to expect return and filing of the indictment within the period specified in section 3161(b), or because the facts upon which the grand jury must base its determination are unusual or complex.
(iv) Whether the failure to grant such a continuance in a case which, taken as a whole, is not so unusual or so complex as to fall within clause (ii), would deny the defendant reasonable time to obtain counsel, would unreasonably deny the defendant or the Government continuity of counsel, or would deny counsel for the defendant or the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
(C) No continuance under subparagraph (A) of this paragraph shall be granted because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the attorney for the Government.
(9) Any period of delay, not to exceed one year, ordered by a district court upon an application of a party and a finding by a preponderance of the evidence that an official request, as defined in
(i) If trial did not commence within the time limitation specified in section 3161 because the defendant had entered a plea of guilty or nolo contendere subsequently withdrawn to any or all charges in an indictment or information, the defendant shall be deemed indicted with respect to all charges therein contained within the meaning of section 3161, on the day the order permitting withdrawal of the plea becomes final.
(j)(1) If the attorney for the Government knows that a person charged with an offense is serving a term of imprisonment in any penal institution, he shall promptly—
(A) undertake to obtain the presence of the prisoner for trial; or
(B) cause a detainer to be filed with the person having custody of the prisoner and request him to so advise the prisoner and to advise the prisoner of his right to demand trial.
(2) If the person having custody of such prisoner receives a detainer, he shall promptly advise the prisoner of the charge and of the prisoner's right to demand trial. If at any time thereafter the prisoner informs the person having custody that he does demand trial, such person shall cause notice to that effect to be sent promptly to the attorney for the Government who caused the detainer to be filed.
(3) Upon receipt of such notice, the attorney for the Government shall promptly seek to obtain the presence of the prisoner for trial.
(4) When the person having custody of the prisoner receives from the attorney for the Government a properly supported request for temporary custody of such prisoner for trial, the prisoner shall be made available to that attorney for the Government (subject, in cases of interjurisdictional transfer, to any right of the prisoner to contest the legality of his delivery).
(k)(1) If the defendant is absent (as defined by subsection (h)(3)) on the day set for trial, and the defendant's subsequent appearance before the court on a bench warrant or other process or surrender to the court occurs more than 21 days after the day set for trial, the defendant shall be deemed to have first appeared before a judicial officer of the court in which the information or indictment is pending within the meaning of subsection (c) on the date of the defendant's subsequent appearance before the court.
(2) If the defendant is absent (as defined by subsection (h)(3)) on the day set for trial, and the defendant's subsequent appearance before the court on a bench warrant or other process or surrender to the court occurs not more than 21 days after the day set for trial, the time limit required by subsection (c), as extended by subsection (h), shall be further extended by 21 days.
(Added
Amendments
1988—Subsec. (k).
1984—Subsec. (h)(8)(C).
Subsec. (h)(9).
1979—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
Subsec. (h)(1).
Subsec. (h)(8)(B)(ii).
Subsec. (h)(8)(B)(iii).
Subsec. (h)(8)(B)(iv).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1984 Amendment
Amendment by
Short Title of 1979 Amendment
Section 1 of
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§3162. Sanctions
(a)(1) If, in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section 3161(b) as extended by
(2) If a defendant is not brought to trial within the time limit required by section 3161(c) as extended by section 3161(h), the information or indictment shall be dismissed on motion of the defendant. The defendant shall have the burden of proof of supporting such motion but the Government shall have the burden of going forward with the evidence in connection with any exclusion of time under subparagraph 3161(h)(3). In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section.
(b) In any case in which counsel for the defendant or the attorney for the Government (1) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial; (2) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit; (3) makes a statement for the purpose of obtaining a continuance which he knows to be false and which is material to the granting of a continuance; or (4) otherwise willfully fails to proceed to trial without justification consistent with
(A) in the case of an appointed defense counsel, by reducing the amount of compensation that otherwise would have been paid to such counsel pursuant to
(B) in the case of a counsel retained in connection with the defense of a defendant, by imposing on such counsel a fine of not to exceed 25 per centum of the compensation to which he is entitled in connection with his defense of such defendant;
(C) by imposing on any attorney for the Government a fine of not to exceed $250;
(D) by denying any such counsel or attorney for the Government the right to practice before the court considering such case for a period of not to exceed ninety days; or
(E) by filing a report with an appropriate disciplinary committee.
The authority to punish provided for by this subsection shall be in addition to any other authority or power available to such court.
(c) The court shall follow procedures established in the Federal Rules of Criminal Procedure in punishing any counsel or attorney for the Government pursuant to this section.
(Added
Section Referred to in Other Sections
This section is referred to in
§3163. Effective dates
(a) The time limitation in
(1) shall apply to all individuals who are arrested or served with a summons on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and
(2) shall commence to run on such date of expiration to all individuals who are arrested or served with a summons prior to the date of expiration of such twelve-calendar-month period, in connection with the commission of an offense, and with respect to which offense no information or indictment has been filed prior to such date of expiration.
(b) The time limitation in
(1) shall apply to all offenses charged in informations or indictments filed on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and
(2) shall commence to run on such date of expiration as to all offenses charged in informations or indictments filed prior to that date.
(c) Subject to the provisions of section 3174(c),
(Added
Amendments
1979—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§3164. Persons detained or designated as being of high risk
(a) The trial or other disposition of cases involving—
(1) a detained person who is being held in detention solely because he is awaiting trial, and
(2) a released person who is awaiting trial and has been designated by the attorney for the Government as being of high risk,
shall be accorded priority.
(b) The trial of any person described in subsection (a)(1) or (a)(2) of this section shall commence not later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitation specified in this section.
(c) Failure to commence trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to commence trial of a designated releasee as specified in subsection (b), through no fault of the attorney for the Government, shall result in the automatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case shall be subject to an order of the court modifying his nonfinancial conditions of release under this title to insure that he shall appear at trial as required.
(Added
Amendments
1979—
Subsec. (a).
Subsec. (b).
§3165. District plans—generally
(a) Each district court shall conduct a continuing study of the administration of criminal justice in the district court and before United States magistrates of the district and shall prepare plans for the disposition of criminal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the planning group established for that district pursuant to section 3168. The plans shall be prepared in accordance with the schedule set forth in subsection (e) of this section.
(b) The planning and implementation process shall seek to accelerate the disposition of criminal cases in the district consistent with the time standards of this chapter and the objectives of effective law enforcement, fairness to accused persons, efficient judicial administration, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforcement of the law, prejudice to the prompt disposition of civil litigation, and undue pressure as well as undue delay in the trial of criminal cases.
(c) The plans prepared by each district court shall be submitted for approval to a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district court whose plan is being reviewed or such other active judge of that court as the chief judge of that district court may designate. If approved by the reviewing panel, the plan shall be forwarded to the Administrative Office of the United States Courts, which office shall report annually on the operation of such plans to the Judicial Conference of the United States.
(d) The district court may modify the plan at any time with the approval of the reviewing panel. It shall modify the plan when directed to do so by the reviewing panel or the Judicial Conference of the United States. Modifications shall be reported to the Administrative Office of the United States Courts.
(e)(1) Prior to the expiration of the twelve-calendar-month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the second and third twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c).
(2) Prior to the expiration of the thirty-six calendar month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the fourth and fifth twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c).
(3) Not later than June 30, 1980, each United States district court with respect to which implementation has not been ordered under section 3174(c) shall prepare and submit a plan in accordance with subsections (a) through (d) to govern the trial or other disposition of offenses within the jurisdiction of such court during the sixth and subsequent twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c) in effect prior to the date of enactment of this paragraph.
(f) Plans adopted pursuant to this section shall, upon adoption, and recommendations of the district planning group shall, upon completion, become public documents.
(Added
References in Text
For the effective date of subsection 3161(b) and subsection 3161(c) in effect prior to the date of enactment of this paragraph, referred to in subsec. (e), see section 3163(a) and (b) of this title. The date of enactment of par. (3) of subsec. (e) of this section is the date of enactment of
Amendments
1990—Subsec. (e)(2).
1979—Subsec. (e)(2).
Subsec. (e)(3).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Section Referred to in Other Sections
This section is referred to in
§3166. District plans—contents
(a) Each plan shall include a description of the time limits, procedural techniques, innovations, systems and other methods, including the development of reliable methods for gathering and monitoring information and statistics, by which the district court, the United States attorney, the Federal public defender, if any, and private attorneys experienced in the defense of criminal cases, have expedited or intend to expedite the trial or other disposition of criminal cases, consistent with the time limits and other objectives of this chapter.
(b) Each plan shall include information concerning the implementation of the time limits and other objectives of this chapter, including:
(1) the incidence of and reasons for, requests or allowances of extensions of time beyond statutory or district standards;
(2) the incidence of, and reasons for, periods of delay under
(3) the incidence of, and reasons for, the invocation of sanctions for noncompliance with time standards, or the failure to invoke such sanctions, and the nature of the sanction, if any invoked for noncompliance;
(4) the new timetable set, or requested to be set, for an extension;
(5) the effect on criminal justice administration of the prevailing time limits and sanctions, including the effects on the prosecution, the defense, the courts, the correctional process, costs, transfers and appeals;
(6) the incidence and length of, reasons for, and remedies for detention prior to trial, and information required by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending trial;
(7) the identity of cases which, because of their special characteristics, deserve separate or different time limits as a matter of statutory classifications;
(8) the incidence of, and reasons for each thirty-day extension under section 3161(b) with respect to an indictment in that district; and
(9) the impact of compliance with the time limits of subsections (b) and (c) of section 3161 upon the civil case calendar in the district.
(c) Each district plan required by section 3165 shall include information and statistics concerning the administration of criminal justice within the district, including, but not limited to:
(1) the time span between arrest and indictment, indictment and trial, and conviction and sentencing;
(2) the number of matters presented to the United States Attorney for prosecution, and the numbers of such matters prosecuted and not prosecuted;
(3) the number of matters transferred to other districts or to States for prosecution;
(4) the number of cases disposed of by trial and by plea;
(5) the rates of nolle prosequi, dismissal, acquittal, conviction, diversion, or other disposition;
(6) the extent of preadjudication detention and release, by numbers of defendants and days in custody or at liberty prior to disposition; and
(7)(A) the number of new civil cases filed in the twelve-calendar-month period preceding the submission of the plan;
(B) the number of civil cases pending at the close of such period; and
(C) the increase or decrease in the number of civil cases pending at the close of such period, compared to the number pending at the close of the previous twelve-calendar-month period, and the length of time each such case has been pending.
(d) Each plan shall further specify the rule changes, statutory amendments, and appropriations needed to effectuate further improvements in the administration of justice in the district which cannot be accomplished without such amendments or funds.
(e) Each plan shall include recommendations to the Administrative Office of the United States Courts for reporting forms, procedures, and time requirements. The Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of the United States, shall prescribe such forms and procedures and time requirements consistent with section 3170 after consideration of the recommendations contained in the district plan and the need to reflect both unique local conditions and uniform national reporting standards.
(f) Each plan may be accompanied by guidelines promulgated by the judicial council of the circuit for use by all district courts within that circuit to implement and secure compliance with this chapter.
(Added
Amendments
1990—Subsec. (b)(8).
1979—Subsec. (b)(9).
Subsec. (c)(7).
Subsec. (f).
Section Referred to in Other Sections
This section is referred to in
§3167. Reports to Congress
(a) The Administrative Office of the United States Courts, with the approval of the Judicial Conference, shall submit periodic reports to Congress detailing the plans submitted pursuant to section 3165. The reports shall be submitted within three months following the final dates for the submission of plans under
(b) Such reports shall include recommendations for legislative changes or additional appropriations to achieve the time limits and objectives of this chapter. The report shall also contain pertinent information such as the state of the criminal docket at the time of the adoption of the plan; the extent of pretrial detention and release; and a description of the time limits, procedural techniques, innovations, systems, and other methods by which the trial or other disposition of criminal cases have been expedited or may be expedited in the districts. Such reports shall also include the following:
(1) The reasons why, in those cases not in compliance with the time limits of subsections (b) and (c) of section 3161, the provisions of section 3161(h) have not been adequate to accommodate reasonable periods of delay.
(2) The category of offenses, the number of defendants, and the number of counts involved in those cases which are not meeting the time limits specified in subsections (b) and (c) of section 3161.
(3) The additional judicial resources which would be necessary in order to achieve compliance with the time limits specified in subsections (b) and (c) of section 3161.
(4) The nature of the remedial measures which have been employed to improve conditions and practices in those districts with low compliance experience under this chapter or to promote the adoption of practices and procedures which have been successful in those districts with high compliance experience under this chapter.
(5) If a district has experienced difficulty in complying with this chapter, but an application for relief under section 3174 has not been made, the reason why such application has not been made.
(6) The impact of compliance with the time limits of subsections (b) and (c) of section 3161 upon the civil case calendar in each district as demonstrated by the information assembled and statistics compiled and submitted under sections 3166 and 3170.
(c) Not later than December 31, 1979, the Department of Justice shall prepare and submit to the Congress a report which sets forth the impact of the implementation of this chapter upon the office of the United States Attorney in each district and which shall also include—
(1) the reasons why, in those cases not in compliance, the provisions of section 3161(h) have not been adequate to accommodate reasonable periods of delay;
(2) the nature of the remedial measures which have been employed to improve conditions and practices in the offices of the United States Attorneys in those districts with low compliance experience under this chapter or to promote the adoption of practices and procedures which have been successful in those districts with high compliance experience under this chapter;
(3) the additional resources for the offices of the United States Attorneys which would be necessary to achieve compliance with the time limits of subsections (b) and (c) of section 3161;
(4) suggested changes in the guidelines or other rules implementing this chapter or statutory amendments which the Department of Justice deems necessary to further improve the administration of justice and meet the objectives of this chapter; and
(5) the impact of compliance with the time limits of subsections (b) and (c) of section 3161 upon the litigation of civil cases by the offices of the United States Attorneys and the rule changes, statutory amendments, and resources necessary to assure that such litigation is not prejudiced by full compliance with this chapter.
(Added
Amendments
1979—Subsec. (b).
Subsec. (c).
§3168. Planning process
(a) Within sixty days after July 1, 1975, each United States district court shall convene a planning group consisting at minimum of the Chief Judge, a United States magistrate, if any designated by the Chief Judge, the United States Attorney, the Clerk of the district court, the Federal Public Defender, if any, two private attorneys, one with substantial experience in the defense of criminal cases in the district and one with substantial experience in civil litigation in the district, the Chief United States Probation Officer for the district, and a person skilled in criminal justice research who shall act as reporter for the group. The group shall advise the district court with respect to the formulation of all district plans and shall submit its recommendations to the district court for each of the district plans required by section 3165. The group shall be responsible for the initial formulation of all district plans and of the reports required by this chapter and in aid thereof, it shall be entitled to the planning funds specified in section 3171.
(b) The planning group shall address itself to the need for reforms in the criminal justice system, including but not limited to changes in the grand jury system, the finality of criminal judgments, habeas corpus and collateral attacks, pretrial diversion, pretrial detention, excessive reach of Federal criminal law, simplification and improvement of pretrial and sentencing procedures, and appellate delay.
(c) Members of the planning group with the exception of the reporter shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence and other necessary expenses incurred by them in carrying out the duties of the advisory group in accordance with the provisions of
(Added
Amendments
1979—Subsec. (a).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Section Referred to in Other Sections
This section is referred to in
§3169. Federal Judicial Center
The Federal Judicial Center shall advise and consult with the planning groups and the district courts in connection with their duties under this chapter.
(Added
§3170. Speedy trial data
(a) To facilitate the planning process, the implementation of the time limits, and continuous and permanent compliance with the objectives of this chapter, the clerk of each district court shall assemble the information and compile the statistics described in
(b) The clerk of each district court is authorized to obtain the information required by sections 3166(b) and 3166(c) from all relevant sources including the United States Attorney, Federal Public Defender, private defense counsel appearing in criminal cases in the district, United States district court judges, and the chief Federal Probation Officer for the district. This subsection shall not be construed to require the release of any confidential or privileged information.
(c) The information and statistics compiled by the clerk pursuant to this section shall be made available to the district court, the planning group, the circuit council, and the Administrative Office of the United States Courts.
(Added
Amendments
1990—Subsecs. (a), (b).
1979—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§3171. Planning appropriations
(a) There is authorized to be appropriated for the fiscal year ending June 30, 1975, to the Federal judiciary the sum of $2,500,000 to be allocated by the Administrative Office of the United States Courts to Federal judicial districts to carry out the initial phases of planning and implementation of speedy trial plans under this chapter. The funds so appropriated shall remain available until expended.
(b) No funds appropriated under this section may be expended in any district except by two-thirds vote of the planning group. Funds to the extent available may be expended for personnel, facilities, and any other purpose permitted by law.
(Added
Section Referred to in Other Sections
This section is referred to in
§3172. Definitions
As used in this chapter—
(1) the terms "judge" or "judicial officer" mean, unless otherwise indicated, any United States magistrate, Federal district judge, and
(2) the term "offense" means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).
(Added
Amendments
1984—Par. (2).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1984 Amendment
Amendment by
§3173. Sixth amendment rights
No provision of this chapter shall be interpreted as a bar to any claim of denial of speedy trial as required by amendment VI of the Constitution.
(Added
§3174. Judicial emergency and implementation
(a) In the event that any district court is unable to comply with the time limits set forth in section 3161(c) due to the status of its court calendars, the chief judge, where the existing resources are being efficiently utilized, may, after seeking the recommendations of the planning group, apply to the judicial council of the circuit for a suspension of such time limits as provided in subsection (b). The judicial council of the circuit shall evaluate the capabilities of the district, the availability of visiting judges from within and without the circuit, and make any recommendations it deems appropriate to alleviate calendar congestion resulting from the lack of resources.
(b) If the judicial council of the circuit finds that no remedy for such congestion is reasonably available, such council may, upon application by the chief judge of a district, grant a suspension of the time limits in section 3161(c) in such district for a period of time not to exceed one year for the trial of cases for which indictments or informations are filed during such one-year period. During such period of suspension, the time limits from arrest to indictment, set forth in section 3161(b), shall not be reduced, nor shall the sanctions set forth in section 3162 be suspended; but such time limits from indictment to trial shall not be increased to exceed one hundred and eighty days. The time limits for the trial of cases of detained persons who are being detained solely because they are awaiting trial shall not be affected by the provisions of this section.
(c)(1) If, prior to July 1, 1980, the chief judge of any district concludes, with the concurrence of the planning group convened in the district, that the district is prepared to implement the provisions of section 3162 in their entirety, he may apply to the judicial council of the circuit in which the district is located to implement such provisions. Such application shall show the degree of compliance in the district with the time limits set forth in subsections (b) and (c) of section 3161 during the twelve-calendar-month period preceding the date of such application and shall contain a proposed order and schedule for such implementation, which includes the date on which the provisions of section 3162 are to become effective in the district, the effect such implementation will have upon such district's practices and procedures, and provision for adequate notice to all interested parties.
(2) After review of any such application, the judicial council of the circuit shall enter an order implementing the provisions of section 3162 in their entirety in the district making application, or shall return such application to the chief judge of such district, together with an explanation setting forth such council's reasons for refusing to enter such order.
(d)(1) The approval of any application made pursuant to subsection (a) or (c) by a judicial council of a circuit shall be reported within ten days to the Director of the Administrative Office of the United States Courts, together with a copy of the application, a written report setting forth in sufficient detail the reasons for granting such application, and, in the case of an application made pursuant to subsection (a), a proposal for alleviating congestion in the district.
(2) The Director of the Administrative Office of the United States Courts shall not later than ten days after receipt transmit such report to the Congress and to the Judicial Conference of the United States. The judicial council of the circuit shall not grant a suspension to any district within six months following the expiration of a prior suspension without the consent of the Congress by Act of Congress. The limitation on granting a suspension made by this paragraph shall not apply with respect to any judicial district in which the prior suspension is in effect on the date of the enactment of the Speedy Trial Act Amendments Act of 1979.
(e) If the chief judge of the district court concludes that the need for suspension of time limits in such district under this section is of great urgency, he may order the limits suspended for a period not to exceed thirty days. Within ten days of entry of such order, the chief judge shall apply to the judicial council of the circuit for a suspension pursuant to subsection (a).
(Added
References in Text
The date of enactment of the Speedy Trial Act Amendments Act of 1979, referred to in subsec. (d)(2), means the date of enactment of
Amendments
1979—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
Section Referred to in Other Sections
This section is referred to in
CHAPTER 209 —EXTRADITION
Amendments
1996—
1990—
Federal Rules of Criminal Procedure
Applicable to removed proceedings, see rule 54, Appendix to this title.
Inapplicable to extradition or rendition of fugitives, see rule 54.
Removal proceedings, see rule 40.
Cross References
Removal of offenders against the United States, from district of arrest to district of commission of crime, see
§3181. Scope and limitation of chapter
(a) The provisions of this chapter relating to the surrender of persons who have committed crimes in foreign countries shall continue in force only during the existence of any treaty of extradition with such foreign government.
(b) The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that—
(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under
(2) the offenses charged are not of a political nature.
(c) As used in this section, the term "national of the United States" has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §658 (R.S. §5274).
Minor changes were made in phraseology.
Amendments
1996—
Extradition Treaties Interpretation
"SEC. 201. SHORT TITLE.
"This title may be cited as the 'Extradition Treaties Interpretation Act of 1998'.
"SEC. 202. FINDINGS.
"Congress finds that—
"(1) each year, several hundred children are kidnapped by a parent in violation of law, court order, or legally binding agreement and brought to, or taken from, the United States;
"(2) until the mid-1970's, parental abduction generally was not considered a criminal offense in the United States;
"(3) since the mid-1970's, United States criminal law has evolved such that parental abduction is now a criminal offense in each of the 50 States and the District of Columbia;
"(4) in enacting the International Parental Kidnapping Crime Act of 1993 (
"(5) many of the extradition treaties to which the United States is a party specifically list the offenses that are extraditable and use the word 'kidnapping', but it has been the practice of the United States not to consider the term to include parental abduction because these treaties were negotiated by the United States prior to the development in United States criminal law described in paragraphs (3) and (4);
"(6) the more modern extradition treaties to which the United States is a party contain dual criminality provisions, which provide for extradition where both parties make the offense a felony, and therefore it is the practice of the United States to consider such treaties to include parental abduction if the other foreign state party also considers the act of parental abduction to be a criminal offense; and
"(7) this circumstance has resulted in a disparity in United States extradition law which should be rectified to better protect the interests of children and their parents.
"SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.
"For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms 'kidnaping' and 'kidnapping' to include parental kidnapping."
Judicial Assistance to International Tribunal for Yugoslavia and International Tribunal for Rwanda
"(a)
"(1)
"(A) the International Tribunal for Yugoslavia, pursuant to the Agreement Between the United States and the International Tribunal for Yugoslavia; and
"(B) the International Tribunal for Rwanda, pursuant to the Agreement Between the United States and the International Tribunal for Rwanda.
"(2)
"(3)
"(B) The authority of subparagraph (A) may be exercised only to the extent and in the amounts provided in advance in appropriations Acts.
"(4)
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
Extradition and Mutual Legal Assistance Treaties and Model Comprehensive Antidrug Laws
"(1) negotiating an updated extradition treaty which ensures that drug traffickers can be extradited to the United States, or
"(2) if an existing treaty provides for such extradition, taking such steps as may be necessary to ensure that the treaty is effectively implemented."
TREATIES OF EXTRADITION
The United States currently has bilateral extradition treaties with the following countries:
| Country | Date signed | Entered into force | Citation |
|---|---|---|---|
| Albania | Mar. 1, 1933 | Nov. 14, 1935 | |
| Antigua and Barbuda | June 3, 1996 | July 1, 1999 | |
| Argentina | June 10, 1997 | June 15, 2000 | |
| Australia | May 14, 1974 | May 8, 1976 | 27 UST 957. |
| Sept. 4, 1990 | Dec. 21, 1992 | ||
| Austria | Jan. 8, 1998 | Jan. 1, 2000 | |
| May 19, 1934 | Sept. 5, 1934 | ||
| Bahamas | Mar. 9, 1990 | Sept. 22, 1994 | TIAS. |
| Barbados | Dec. 22, 1931 | June 24, 1935 | |
| Belgium | Apr. 27, 1987 | Sept. 1, 1997 | |
| Belize | June 8, 1972 | Jan. 21, 1977 | 28 UST 227. |
| Bolivia | June 27, 1995 | Nov. 21, 1996 | |
| Brazil | Jan. 13, 1961 | Dec. 17, 1964 | 15 UST 2093. |
| June 18, 1962 | Dec. 17, 1964 | 15 UST 2112. | |
| Bulgaria | Mar. 19, 1924 | June 24, 1924 | |
| June 8, 1934 | Aug. 15, 1935 | ||
| Burma | Dec. 22, 1931 | Nov. 1, 1941 | |
| Canada | Dec. 3, 1971 | Mar. 22, 1976 | 27 UST 983. |
| June 28, July 9, 1974 | Mar. 22, 1976 | 27 UST 1017. | |
| Jan. 11, 1988 | Nov. 26, 1991 | TIAS. | |
| Chile | Apr. 17, 1900 | June 26, 1902 | |
| Colombia | Sept. 14, 1979 | Mar. 4, 1982 | TIAS. |
| Congo | Jan. 6, 1909 | July 27, 1911 | |
| Jan. 15, 1929 | May 19, 1929 | ||
| Apr. 23, 1936 | Sept. 24, 1936 | ||
| Aug. 5, 1961 | 13 UST 2065. | ||
| Costa Rica | Dec. 4, 1982 | Oct. 11, 1991 | TIAS. |
| Cuba | Apr. 6, 1904 | Mar. 2, 1905 | |
| Dec. 6, 1904 | Mar. 2, 1905 | ||
| Jan. 14, 1926 | June 18, 1926 | ||
| Cyprus | June 17, 1996 | Sept. 14, 1999 | |
| Czech Republic | July 2, 1925 Apr. 29, 1935 |
Mar. 29, 1926 Aug. 28, 1935 |
|
| Denmark | June 22, 1972 | July 31, 1974 | 25 UST 1293. |
| Dominica | Oct. 10, 1996 | May 25, 2000 | |
| Dominican Republic | June 19, 1909 | Aug. 2, 1910 | |
| Ecuador | June 28, 1872 | Nov. 12, 1873 | |
| Sept. 22, 1939 | May 29, 1941 | ||
| Egypt | Aug. 11, 1874 | Apr. 22, 1875 | |
| El Salvador | Apr. 18, 1911 | July 10, 1911 | |
| Estonia | Nov. 8, 1923 | Nov. 15, 1924 | |
| Oct. 10, 1934 | May 7, 1935 | ||
| Fiji | Dec. 22, 1931 | June 24, 1935 | |
| Aug. 17, 1973 | 24 UST 1965. | ||
| Finland | June 11, 1976 | May 11, 1980 | 31 UST 944. |
| France | Jan. 6, 1909 | July 27, 1911 | |
| Feb. 12, 1970 | Apr. 3, 1971 | 22 UST 407. | |
| Gambia | Dec. 22, 1931 | June 24, 1935 | |
| Germany | June 20, 1978 | Aug. 29, 1980 | 32 UST 1485. |
| Oct. 21, 1986 | Mar. 11, 1993 | ||
| Ghana | Dec. 22, 1931 | June 24, 1935 | |
| Greece | May 6, 1931 | Nov. 1, 1932 | |
| Sept. 2, 1937 | Sept. 2, 1937 | ||
| Grenada | May 30, 1996 | Sept. 14, 1999 | |
| Guatemala | Feb. 27, 1903 | Aug. 15, 1903 | |
| Feb. 20, 1940 | Mar. 13, 1941 | ||
| Guyana | Dec. 22, 1931 | June 24, 1935 | |
| Haiti | Aug. 9, 1904 | June 28, 1905 | |
| Honduras | Jan. 15, 1909 | July 10, 1912 | |
| Feb. 21, 1927 | June 5, 1928 | ||
| Hong Kong | Dec. 20, 1996 | Jan. 21, 1998 | |
| Hungary | Dec. 1, 1994 | Mar. 18, 1997 | |
| Iceland | Jan. 6, 1902 | ||
| Nov. 6, 1905 | Feb. 19, 1906 | ||
| India | June 25, 1997 | July 21, 1999 | |
| Iraq | June 7, 1934 | Apr. 23, 1936 | |
| Ireland | July 13, 1983 | Dec. 15, 1984 | TIAS 10813. |
| Israel | Dec. 10, 1962 | Dec. 5, 1963 | 14 UST 1707. |
| Apr. 11, 1967 | 18 UST 382. | ||
| Italy | Oct. 13, 1983 | Sept. 24, 1984 | TIAS 10837. |
| Jamaica | June 14, 1983 | July 7, 1991 | |
| Japan | Mar. 3, 1978 | Mar. 26, 1980 | 31 UST 892. |
| Jordan | Mar. 28, 1995 | July 29, 1995 | |
| Kenya | Dec. 22, 1931 | June 24, 1935 | |
| Aug. 19, 1965 | 16 UST 1866. | ||
| Kiribati | June 8, 1972 | Jan. 21, 1977 | 28 UST 227. |
| Korea | June 9, 1998 | Dec. 20, 1999 | |
| Latvia | Oct. 16, 1923 | Mar. 1, 1924 | |
| Oct. 10, 1934 | Mar. 29, 1935 | ||
| Lesotho | Dec. 22, 1931 | June 24, 1935 | |
| Liberia | Nov. 1, 1937 | Nov. 21, 1939 | |
| Liechtenstein | May 20, 1936 | June 28, 1937 | |
| Lithuania | Apr. 9, 1924 | Aug. 23, 1924 | |
| May 17, 1934 | Jan. 8, 1935 | ||
| Luxembourg | Oct. 29, 1883 | Aug. 13, 1884 | |
| Apr. 24, 1935 | Mar. 3, 1936 | ||
| Malawi | Dec. 22, 1931 | June 24, 1935 | |
| Apr. 4, 1967 | 18 UST 1822. | ||
| Malaysia | Aug. 3, 1995 | June 2, 1997 | |
| Malta | Dec. 22, 1931 | June 24, 1935 | |
| Mauritius | Dec. 22, 1931 | June 24, 1935 | |
| Mexico | May 4, 1978 | Jan. 25, 1980 | 31 UST 5059. |
| Monaco | Feb. 15, 1939 | Mar. 28, 1940 | |
| Nauru | Dec. 22, 1931 | Aug. 30, 1935 | |
| Netherlands | June 24, 1980 | Sept. 15, 1983 | TIAS 10733. |
| New Zealand | Jan. 12, 1970. | Dec. 8, 1970 | 22 UST 1. |
| Nicaragua | Mar. 1, 1905 | July 14, 1907 | |
| Nigeria | Dec. 22, 1931 | June 24, 1935 | |
| Norway | June 9, 1977 | Mar. 7, 1980 | 31 UST 5619. |
| Pakistan | Dec. 22, 1931 | Mar. 9, 1942 | |
| Panama | May 25, 1904 | May 8, 1905 | |
| Papua New Guinea | Dec. 22, 1931 | Aug. 30, 1935 | |
| Paraguay | May 24, 1973 | May 7, 1974 | 25 UST 967. |
| Peru | Nov. 28, 1899 | Feb. 22, 1901 | |
| Philippines | Nov. 13, 1994 | Nov. 22, 1996 | |
| Poland | July 10, 1996 | Sept. 17, 1999 | |
| Apr. 5, 1935 | June 5, 1936 | ||
| Portugal | May 7, 1908 | Nov. 14, 1908 | |
| Romania | July 23, 1924 | Apr. 7, 1925 | |
| Nov. 10, 1936 | July 27, 1937 | ||
| Saint Christopher and Nevis | June 8, 1972 | Jan. 21, 1977 | 28 UST 227. |
| Saint Lucia | Apr. 18, 1996 | Feb. 2, 2000 | |
| Saint Vincent and the Grenadines | Aug. 15, 1996 | Sept. 8, 1999 | |
| San Marino | Jan. 10, 1906 | July 8, 1908 | |
| Oct. 10, 1934 | June 28, 1935 | ||
| Seychelles | Dec. 22, 1931 | June 24, 1935 | |
| Sierra Leone | Dec. 22, 1931 | June 24, 1935 | |
| Singapore | Dec. 22, 1931 | June 24, 1935 | |
| June 10, 1969 | 20 UST 2764. | ||
| Slovac Republic | July 2, 1925 Apr. 29, 1935 |
Mar. 29, 1926 Aug. 28, 1935 |
|
| Solomon Islands | June 8, 1972 | Jan. 21, 1977 | 28 UST 277. |
| South Africa | Dec. 18, 1947 | Apr. 30, 1951 | 2 UST 884. |
| Spain | May 29, 1970 | June 16, 1971 | 22 UST 737. |
| Jan. 25, 1975 | June 2, 1978 | 29 UST 2283. | |
| Feb. 9, 1988 | July 2, 1993 | ||
| Mar. 12, 1996 | July 25, 1999 | ||
| Sri Lanka | Dec. 22, 1931 | June 24, 1935 | |
| Suriname | June 2, 1887 | July 11, 1889 | |
| Jan. 18, 1904 | Aug. 28, 1904 | ||
| Swaziland | Dec. 22, 1931 | June 24, 1935 | |
| July 28, 1970 | 21 UST 1930. | ||
| Sweden | Oct. 24, 1961 | Dec. 3, 1963 | 14 UST 1845. |
| Mar. 14, 1983 | Sept. 24, 1984 | TIAS 10812. | |
| Switzerland | Nov. 14, 1990 | Sept. 10, 1997 | |
| Tanzania | Dec. 22, 1931 | June 24, 1935 | |
| Dec. 6, 1965 | 16 UST 2066. | ||
| Thailand | Dec. 30, 1922 | Mar. 24, 1924 | |
| Tonga | Dec. 22, 1931 | Aug. 1, 1966 | |
| Apr. 13, 1977 | 28 UST 5290. | ||
| Trinidad and Tobago | Mar. 4, 1996 | Nov. 29, 1999 | |
| Turkey | June 7, 1979 | Jan. 1, 1981 | 32 UST 3111. |
| Tuvalu | June 8, 1972 | Jan. 21, 1977 | 28 UST 227. |
| Apr. 25, 1980 | 32 UST 1310. | ||
| United Kingdom | June 8, 1972 June 25, 1985 |
Jan. 21, 1977 Dec. 23, 1986 |
28 UST 227. TIAS. |
| Uruguay | Apr. 6, 1973 | Apr. 11, 1984 | TIAS 10850. |
| Venezuela | Jan. 19, 21, 1922 | Apr. 14, 1923 | |
| Yugoslavia 1 | Oct. 25, 1901 | June 12, 1902 | |
| Zambia | Dec. 22, 1931 | June 24, 1935 | |
| Zimbabwe | July 25, 1997 | Apr. 26, 2000 |
1 For the successor States of Yugoslavia, inquire of the Treaty Office of the United States Department of State.
Convention on Extradition
The United States is a party to the Multilateral Convention on Extradition signed at Montevideo on Dec. 26, 1933, entered into force for the United States on Jan. 25, 1935.
Other states which have become parties: Argentina, Chile, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama.
Section Referred to in Other Sections
This section is referred to in
§3182. Fugitives from State or Territory to State, District, or Territory
Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §662 (R.S. §5278).
Last sentence as to costs and expenses to be paid by the demanding authority was incorporated in
Word "District" was inserted twice to make section equally applicable to fugitives found in the District of Columbia.
"Thirty days" was substituted for "six months" since, in view of modern conditions, the smaller time is ample for the demanding authority to act.
Minor changes were made in phraseology.
Amendments
1996—
Cross References
Constitutional provision enforced by this section, see Const. Art. IV, §2, cl. 2.
Juvenile delinquents, surrender to State authorities, see
Resistance to extradition agent, see
Surrender of youthful offenders to State authorities, see
Transportation of fugitive by receiving agent, see
Section Referred to in Other Sections
This section is referred to in
§3183. Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States
Whenever the executive authority of any State, Territory, District, or possession of the United States or the Panama Canal Zone, demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.
If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged.
The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §662c (Mar. 22, 1934, ch. 73, §2,
Said section 662c was incorporated in this section and
Provision as to costs or expenses to be paid by the demanding authority were incorporated in
Reference to the Philippine Islands was deleted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.
The attention of Congress is directed to the probability that this section may be of little, if any, possible use in view of present world conditions.
Minor changes were made in phraseology.
References in Text
For definition of Canal Zone, referred to in text, see
Cross References
Provisional arrest, obtained by telegraph, see
Section Referred to in Other Sections
This section is referred to in
§3184. Fugitives from foreign country to United States
Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate, to the end that the evidence of criminality may be heard and considered. Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is reason to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, or under section 3181(b), he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §651 (R.S. §5270; June 6, 1900, ch. 793,
Minor changes of phraseology were made.
Amendments
1996—
1990—
1988—
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
Cross References
Arrest, power of courts and magistrate judges, see
Surrender of fugitive to agent of foreign government, see
Section Referred to in Other Sections
This section is referred to in
§3185. Fugitives from country under control of United States into the United States
Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force therein by the commission of any of the offenses enumerated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed.
(1) Murder and assault with intent to commit murder;
(2) Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money;
(3) Counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same;
(4) Forgery or altering and uttering what is forged or altered;
(5) Embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries;
(6) Larceny or embezzlement of an amount not less than $100 in value;
(7) Robbery;
(8) Burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein;
(9) Breaking and entering the house or building of another, whether in the day or nighttime, with the intent to commit a felony therein;
(10) Entering, or breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein;
(11) Perjury or the subornation of perjury;
(12) A felony under
(13) Arson;
(14) Piracy by the law of nations;
(15) Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government;
(16) Malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.
This chapter, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged.
No return or surrender shall be made of any person charged with the commission of any offense of a political nature.
If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §652 (R.S. §5270; June 6, 1900, ch. 793,
Reference to territory of the United States and the District of Columbia was omitted as covered by definitive
Changes were made in phraseology and arrangement.
1949 Act
This section [section 49] corrects typographical errors in
Amendments
1986—Par. (12).
1949—Pars. (2), (3). Act May 24, 1949, transferred "indebtedness, bank notes, or other instruments of public" from par. (2) to par. (3).
Effective Date of 1986 Amendments
Amendments by
Cross References
Extradition of fugitives from justice, see
Surrender of fugitive to agent of foreign government, see
Section Referred to in Other Sections
This section is referred to in
§3186. Secretary of State to surrender fugitive
The Secretary of State may order the person committed under
Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty.
A person so accused who escapes may be retaken in the same manner as any person accused of any offense.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §653 (R.S. §5272).
Changes were made in phraseology and surplusage was deleted.
Section Referred to in Other Sections
This section is referred to in
§3187. Provisional arrest and detention within extraterritorial jurisdiction
The provisional arrest and detention of a fugitive, under
No person shall be held in custody under telegraphic request by virtue of this section for more than ninety days.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §662d (Mar. 22, 1934, ch. 73, §3,
Provision for expense to be borne by the demanding authority is incorporated in
Changes were made in phraseology and arrangement.
Canal Zone
Applicability of section to Canal Zone, see
Section Referred to in Other Sections
This section is referred to in
§3188. Time of commitment pending extradition
Whenever any person who is committed for rendition to a foreign government to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, may order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §654 (R.S. §5273).
Changes in phraseology only were made.
Section Referred to in Other Sections
This section is referred to in
§3189. Place and character of hearing
Hearings in cases of extradition under treaty stipulation or convention shall be held on land, publicly, and in a room or office easily accessible to the public.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §657 (Aug. 3, 1882, ch. 378, §1,
First word "All" was omitted as unnecessary.
Section Referred to in Other Sections
This section is referred to in
§3190. Evidence on hearing
Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that the same, so offered, are authenticated in the manner required.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §655 (R.S. §5271; Aug. 3, 1882, ch. 378, §5,
Unnecessary words were deleted.
Section Referred to in Other Sections
This section is referred to in
§3191. Witnesses for indigent fugitives
On the hearing of any case under a claim of extradition by a foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or magistrate hearing the matter may order that such witnesses be subpenaed; and the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §656 (Aug. 3, 1882, ch. 378, §3,
Words "that similar" after "manner" were omitted as unnecessary.
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
Federal Rules of Criminal Procedure
Witness fees for indigent defendants, generally, see rule 17, Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§3192. Protection of accused
Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §659 (R.S. §5275).
Words "crimes or" before "offenses" were omitted as unnecessary.
§3193. Receiving agent's authority over offenders
A duly appointed agent to receive, in behalf of the United States, the delivery, by a foreign government, of any person accused of crime committed within the United States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §660 (R.S. §5276).
Words "jurisdiction of the" were omitted in view of the definition of United States in
Minor changes only were made in phraseology.
Ex. Ord. No. 11517. Issuance and Signature by Secretary of State of Warrants Appointing Agents To Return Fugitives From Justice Extradited to United States
Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided:
WHEREAS the President of the United States, under
WHEREAS fugitives from justice in the United States whose extradition from abroad has been requested by the Government of the United States and granted by a foreign government are to be returned in the custody of duly appointed agents in accordance with the provisions of
WHEREAS such duly appointed agents under the provisions of the law mentioned above, being authorized to receive delivery of the fugitive in behalf of the United States and to convey him to the place of his trial, are given the powers of a marshal of the United States in the several districts of the United States through which it may be necessary for them to pass with such prisoner, so far as such power is requisite for the prisoner's safekeeping; and
WHEREAS such warrants serve as a certification to the foreign government delivering the fugitives to any other foreign country through which such agents may pass, and to authorities in the United States of the powers therein conferred upon the agents; and
WHEREAS it is desirable by delegation of functions heretofore performed by the President to simplify and thereby expedite the issuance of such warrants to agents in the interests of the prompt return of fugitives to the United States:
NOW, THEREFORE, by virtue of the authority vested in me by
Richard Nixon.
Cross References
Powers of United States marshals, see
United States marshals generally, see
§3194. Transportation of fugitive by receiving agent
Any agent appointed as provided in
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §663 (R.S. §5279).
Last sentence of said section 663, relating to rescue of such fugitive, was omitted as covered by
Minor changes were made in phraseology.
§3195. Payment of fees and costs
All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.
All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate, shall be certified by the judge or magistrate before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the expenses of the judiciary or the Department of Justice as the case may be.
The Attorney General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for deposit in the Treasury of the United States.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§662, 662c, 662d, 668 (R.S. §5278; Aug. 3, 1882, ch. 378, §4,
First paragraph of this section consolidates provisions as to costs and expenses from said sections 662, 662c, and 662d.
Minor changes were made in phraseology and surplusage was omitted.
Remaining provisions of said
The words "or the Department of Justice as the case may be" were added at the end of the second paragraph in conformity with the appropriation acts of recent years. See for example act July 5, 1946, ch. 541, title II,
Amendments
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
Canal Zone
Applicability of section to Canal Zone, see
Section Referred to in Other Sections
This section is referred to in
§3196. Extradition of United States citizens
If the applicable treaty or convention does not obligate the United States to extradite its citizens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extradition has been requested by that country if the other requirements of that treaty or convention are met.
(Added
CHAPTER 211 —JURISDICTION AND VENUE
Amendments
1994—
1984—
1978—
§3231. District courts
The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.
Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
This section was formed by combining
The language of said
Senate Revision Amendment
The text of this section was changed by Senate amendment. See Senate Report No. 1620, amendment No. 10, 80th Cong.
Cross References
Civil jurisdiction of Federal courts, see
Exclusive jurisdiction of Federal courts, see
Jurisdiction of juvenile delinquents, see
Jurisdiction over felonies in Yellowstone National Park, see
Refusal to appear or testify before court-martial military commission, etc., jurisdiction of offense, see
Special maritime and territorial jurisdiction of the United States, see
United States commissioners, jurisdiction to try petty offenses, see
Venue of civil actions, see
Wire or oral communications, authorization for interception, to provide evidence of certain Federal and State offenses, see
§3232. District of offense—(Rule)
See Federal Rules of Criminal Procedure
Proceedings to be in district and division in which offense committed, Rule 18.
(June 25, 1948, ch. 645,
§3233. Transfer within district—(Rule)
See Federal Rules of Criminal Procedure
Arraignment, plea, trial, sentence in district of more than one division, Rule 19.
(June 25, 1948, ch. 645,
References in Text
Rule 19 of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
Federal Rules of Criminal Procedure
Time of motion to transfer, see rule 22, Appendix to this title.
Transfer from the district or division, see rule 21.
Cross References
Districts containing more than one division; venue, see
§3234. Change of venue to another district—(Rule)
See Federal Rules of Criminal Procedure
Plea or disposal of case in district other than that in which defendant was arrested, Rule 20.
(June 25, 1948, ch. 645,
Federal Rules of Criminal Procedure
Time of motion to transfer, see rule 22, Appendix to this title.
Transfer from the district or division for trial, see rule 21.
§3235. Venue in capital cases
The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Federal Rules of Criminal Procedure
Venue of criminal prosecutions, see rule 18 et seq., Appendix to this title.
Cross References
Change of venue in civil actions, see
§3236. Murder or manslaughter
In all cases of murder or manslaughter, the offense shall be deemed to have been committed at the place where the injury was inflicted, or the poison administered or other means employed which caused the death, without regard to the place where the death occurs.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §553 (Mar. 4, 1909, ch. 321, §336,
§3237. Offenses begun in one district and completed in another
(a) Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.
Any offense involving the use of the mails, transportation in interstate or foreign commerce, or the importation of an object or person into the United States is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce, mail matter, or imported object or person moves.
(b) Notwithstanding subsection (a), where an offense is described in section 7203 of the Internal Revenue Code of 1986, or where venue for prosecution of an offense described in section 7201 or 7206(1), (2), or (5) of such Code (whether or not the offense is also described in another provision of law) is based solely on a mailing to the Internal Revenue Service, and prosecution is begun in a judicial district other than the judicial district in which the defendant resides, he may upon motion filed in the district in which the prosecution is begun, elect to be tried in the district in which he was residing at the time the alleged offense was committed: Provided, That the motion is filed within twenty days after arraignment of the defendant upon indictment or information.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Section was completely rewritten to clarify legislative intent and in order to omit special venue provisions from many sections.
The phrase "committed in more than one district" may be comprehensive enough to include "begun in one district and completed in another", but the use of both expressions precludes any doubt as to legislative intent.
Rules 18–22 of the Federal Rules of Criminal Procedure are in accord with this section.
The last paragraph of the revised section was added to meet the situation created by the decision of the Supreme Court of the United States in United States v. Johnson, 1944, 65 S. Ct. 249, 89 L. Ed. 236, which turned on the absence of a special venue provision in the Dentures Act, section 1821 of this revision. The revised section removes all doubt as to the venue of continuing offenses and makes unnecessary special venue provisions except in cases where Congress desires to restrict the prosecution of offenses to particular districts as in section 1073 of this revision.
References in Text
Section 7203 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in subsec. (b), are classified respectively to
Amendments
1986—Subsec. (b).
1984—Subsec. (a).
Subsec. (b).
1966—Subsec. (b).
1958—
Effective Date of 1966 Amendment
Amendment by
Federal Rules of Criminal Procedure
Venue of criminal prosecutions, see rule 18 et seq., Appendix to this title.
§3238. Offenses not committed in any district
The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Words "begun or" were inserted to clarify scope of this section and
This section is similar to
Amendments
1963—
Federal Rules of Criminal Procedure
Offenses outside a district or State, applicability of rules to, see rule 54, Appendix to this title.
§3239. Optional venue for espionage and related offenses
The trial for any offense involving a violation, begun or committed upon the high seas or elsewhere out of the jurisdiction of any particular State or district, of—
(1) section 793, 794, 798, or
(2) section 601 of the National Security Act of 1947 (
(3) section 4(b) or 4(c) of the Subversive Activities Control Act of 1950 (
may be in the District of Columbia or in any other district authorized by law.
(Added
Prior Provisions
A prior section 3239, act June 25, 1948, ch. 645,
§3240. Creation of new district or division
Whenever any new district or division is established, or any county or territory is transferred from one district or division to another district or division, prosecutions for offenses committed within such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant, shall order the case to be removed to the new district or division for trial.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on
Minor changes of phraseology were made.
1949 Act
This section [section 50] strikes the second sentence of
Amendments
1949—Act May 24, 1949, struck out "The transfer of such prosecutions shall be made in the manner provided in
Federal Rules of Criminal Procedure
Venue of criminal prosecutions, see rule 18 et seq., Appendix to this title.
§3241. Jurisdiction of offenses under certain sections
The United States District Court for the Canal Zone and the District Court of the Virgin Islands shall have jurisdiction of offenses under the laws of the United States, not locally inapplicable, committed within the territorial jurisdiction of such courts, and jurisdiction, concurrently with the district courts of the United States, of offenses against the laws of the United States committed upon the high seas.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§39, 574;
Section consolidates portions of
The revised section simplifies and clarifies the Federal jurisdiction of the district courts of the Territories and Possessions. The enumeration of sections in
The phrase "the several courts of the first instance in the Philippine Islands" in
The last sentence of
Definition of United States in
Amendments
1958—
Effective Date of 1958 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30 month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of
Federal Rules of Criminal Procedure
Application of rules, see note by Advisory Committee under rule 54, Appendix to this title.
Cross References
District Court of the Virgin Islands, see
§3242. Indians committing certain offenses; acts on reservations
All Indians committing any offense listed in the first paragraph of and punishable under section 1153 (relating to offenses committed within Indian country) of this title shall be tried in the same courts and in the same manner as are all other persons committing such offense within the exclusive jurisdiction of the United States.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §548 (Mar. 4, 1909, ch. 321, §328,
The provisions defining rape in accordance with the law of the State and prescribing imprisonment at the discretion of the court for rape by an Indian upon an Indian are now included in
Section 549 of said title 18, relating to crimes in Indian reservations in South Dakota, was omitted as covered by
Minor changes were made in phraseology.
1949 Act
This section [section 51] conforms
Amendments
1976—
1966—
1949—Act May 24, 1949, substituted "within the Indian country" for "within any Indian reservation, including rights-of-way running through the reservation,".
Cross References
Offenses committed within Indian country, see
§3243. Jurisdiction of State of Kansas over offenses committed by or against Indians on Indian reservations
Jurisdiction is conferred on the State of Kansas over offenses committed by or against Indians on Indian reservations, including trust or restricted allotments, within the State of Kansas, to the same extent as its courts have jurisdiction over offenses committed elsewhere within the State in accordance with the laws of the State.
This section shall not deprive the courts of the United States of jurisdiction over offenses defined by the laws of the United States committed by or against Indians on Indian reservations.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The attention of Congress is directed to consideration of the question whether this section should be broadened and made applicable to all states rather than only to Kansas. Such change was not regarded as within the scope of this revision.
Changes were made in phraseology.
Cross References
Offenses committed within Indian country, see
§3244. Jurisdiction of proceedings relating to transferred offenders
When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders—
(1) the country in which the offender was convicted shall have exclusive jurisdiction and competence over proceedings seeking to challenge, modify, or set aside convictions or sentences handed down by a court of such country;
(2) all proceedings instituted by or on behalf of an offender transferred from the United States to a foreign country seeking to challenge, modify, or set aside the conviction or sentence upon which the transfer was based shall be brought in the court which would have jurisdiction and competence if the offender had not been transferred;
(3) all proceedings instituted by or on behalf of an offender transferred to the United States pertaining to the manner of execution in the United States of the sentence imposed by a foreign court shall be brought in the United States district court for the district in which the offender is confined or in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings;
(4) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender's transfer from the United States shall be brought in the United States district court of the district in which the proceedings to determine the validity of the offender's consent were held and shall name the Attorney General as respondent; and
(5) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender's transfer to the United States shall be brought in the United States district court of the district in which the offender is confined or of the district in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings.
(Added
Codification
Section was formerly classified to
Savings Provision
Amendment by section 314 of
CHAPTER 213 —LIMITATIONS
Amendments
1996—
1994—
1990—
1989—
1988—
1984—
1951—Act June 30, 1951, ch. 194, §2,
§3281. Capital offenses
An indictment for any offense punishable by death may be found at any time without limitation.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§581a, 581b (Aug. 4, 1939, ch. 419, §§1, 2,
Amendments
1994—
Cross References
Fugitives from justice, no limitations applicable, see
§3282. Offenses not capital
Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The proviso contained in the act of 1927 "That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information," was omitted as no longer necessary.
In the consolidation of these sections the 5-year period of limitation for violations of the Nationality Code, provided for in said
Amendments
1954—Act Sept. 1, 1954, changed the limitation period from three years to five years.
Effective Date of 1954 Amendment
Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as renumbered by
Fugitives From Justice
Statutes of limitations as not extending to persons fleeing from justice, see
Offenses Against Internal Security
Limitation period in connection with offenses against internal security, see
Sections 792, 793, and 794 of This Title ; Limitation Period
Limitation period in connection with
Federal Rules of Criminal Procedure
Limitation periods not affected by procedure governing pleadings and motions, see rule 12, Appendix to this title.
Motion raising defenses, see rule 12.
Pleas, demurrers, and motions to quash abolished, see rule 12.
Cross References
Antitrust law violations, suspension of limitation periods, see
Concealment of bankrupt's assets as continuing offense, see
Offenses arising under—
Bankruptcy laws, see
Copyright laws, see
Internal revenue laws, see
Wartime suspension of limitations, see
Section Referred to in Other Sections
This section is referred to in
§3283. Child abuse offenses
No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse of a child under the age of 18 years shall preclude such prosecution before the child reaches the age of 25 years.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §584 (R.S. §1046; July 5, 1884, ch. 225, §2,
Words "customs laws" were substituted for "revenue laws," since different limitations are provided for internal revenue violations by
This section was held to apply to offenses under the customs laws. Those offenses are within the term "revenue laws" but not within the term "internal revenue laws". United States v. Hirsch (1879, 100 U.S. 33, 25 L. Ed. 539), United States v. Shorey (1869, Fed. Cas. No. 16,282), and United States v. Platt (1840, Fed. Cas. No. 16,054a) applied this section in customs cases. Hence it appears that there was no proper basis for the complete elimination from
Meaning of "revenue laws". United States v. Norton (1876, 91 U.S. 566, 23 L.Ed. 454), quoting Webster that "revenue" refers to "The income of a nation, derived from its taxes, duties, or other sources, for the payment of the national expenses." Quoting United States v. Mayo (1813, Fed. Cas. No. 15,755) that "revenue laws" meant such laws "as are made for the direct and avowed purpose of creating revenue or public funds for the service of the Government."
Definition of revenue. "Revenue" is the income of a State, and the revenue of the Post Office Department, being raised by a tax on mailable matter conveyed in the mail, and which is disbursed in the public service, is as much a part of the income of the government as moneys collected for duties on imports (United States v. Bromley, 53 U.S. 88, 99, 13 L. Ed. 905).
"Revenue" is the product or fruit of taxation. It matters not in what form the power of taxation may be exercised or to what subjects it may be applied, its exercise is intended to provide means for the support of the Government, and the means provided are necessarily to be regarded as the internal revenue. Duties upon imports are imposed for the same general object and, because they are so imposed, the money thus produced is considered revenue, not because it is derived from any particular source (United States v. Wright, 1870, Fed. Cas. No. 16,770).
"Revenue law" is defined as a law for direct object of imposing and collecting taxes, dues, imports, and excises for government and its purposes (In re Mendenhall, D.C. Mont. 1935, 10 F. Supp. 122).
Act Cong. March 2, 1799, ch. 22,
Changes were made in phraseology.
Amendments
1994—
§3284. Concealment of bankrupt's assets
The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The 3-year-limitation provision was omitted as unnecessary in view of the general statute,
The words "or a discharge denied" and "or denial of discharge" were added on the recommendation of the Department of Justice to supply an omission in existing law.
Other subsections of said
Other minor changes of phraseology were made.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Savings Provision
Amendment by section 314 of
Cross References
Bankruptcy investigations, see
Five year limitation on offenses relating to bankruptcy, see
Offenses relating to bankruptcy, see
§3285. Criminal contempt
No proceeding for criminal contempt within
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Word "criminal" was inserted before "contempt" in first line. Words "within
The correct meaning and narrow application of title 28, U.S.C., 1940 ed., §390, are preserved, as section 389 of that title is incorporated in
Words "corporation or association" were inserted after "person", thus embodying applicable definition of
Federal Rules of Criminal Procedure
Criminal contempt procedure, see rule 42, Appendix to this title.
Cross References
Criminal contempts constituting criminal offenses, see
Insurance business, application of section to, see
§3286. Extension of statute of limitation for certain terrorism offenses
Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any non-capital offense involving a violation of section 32 (aircraft destruction), section 37 (airport violence), section 112 (assaults upon diplomats), section 351 (crimes against Congressmen or Cabinet officers), section 1116 (crimes against diplomats), section 1203 (hostage taking), section 1361 (willful injury to government property), section 1751 (crimes against the President), section 2280 (maritime violence), section 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2332a (use of weapons of mass destruction), 2332b (acts of terrorism transcending national boundaries), or section 2340A (torture) of this title or
(Added
Prior Provisions
A prior section 3286, act June 25, 1948, ch. 645,
Amendments
1996—
Effective Date
Section 120001(b) of
§3287. Wartime suspension of limitations
When the United States is at war the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procurement, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until three years after the termination of hostilities as proclaimed by the President or by a concurrent resolution of Congress.
Definitions of terms in
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §590a (Aug. 24, 1942, ch. 555, §1,
The phrase "when the United States is at war" was inserted at the beginning of this section to make it permanent instead of temporary legislation, and to obviate the necessity of reenacting such legislation in the future. This permitted the elimination of references to dates and to the provision limiting the application of the section to transactions not yet fully barred. When the provisions of the War Contract Settlements Act of 1944, upon which this section is based, are considered in connection with said section 590a which it amends, it is obvious that no purpose can be served now by the provisions omitted.
Phrase (2), reading "or committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States" was derived from section 28 of the Surplus Property Act of 1944 which amended said
The revised section extends its provisions to all offenses involving the disposition of any property, real or personal, of the United States. This extension is more apparent than real since phrase (2), added as the result of said Act, was merely a more specific statement of offenses embraced in phrase (1) of this section.
The revised section is written in general terms as permanent legislation applicable whenever the United States is at war. (See, also, reviser's note under
The last paragraph was added to obviate any possibility of doubt as to meaning of terms defined in
Changes were made in phraseology.
Cross References
Termination of war contracts, see
Section Referred to in Other Sections
This section is referred to in title 26 section 6533.
§3288. Indictments and information dismissed after period of limitations
Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§556a, 587, 589 (Apr. 30, 1934, ch. 170, §1,
This section is a consolidation of
Amendments
1988—
1964—
1963—
Federal Rules of Criminal Procedure
Limitation periods not affected by procedure governing pleadings and motions, see rule 12, Appendix to this title.
Motion to dismiss indictment on objections to grand jury, see rule 6.
Cross References
Indictment before limitations, see
Limitations for non-capital offenses, see
§3289. Indictments and information dismissed before period of limitations
Whenever an indictment or information charging a felony is dismissed for any reason before the period prescribed by the applicable statute of limitations has expired, and such period will expire within six calendar months of the date of the dismissal of the indictment or information, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the expiration of the applicable statute of limitations, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction at the expiration of the applicable statute of limitations, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§556a, 588, 589 (Apr. 30, 1934, ch. 170, §1,
Consolidation of
Words "regular or special" were omitted and "regular" inserted after "succeeding" to harmonize with
Amendments
1994—
1990—
1988—
1964—
1963—
Effective Date of 1994 Amendment
Section 330011(q)(2) of
Federal Rules of Criminal Procedure
Limitation periods not affected by procedure governing pleadings and motions, see rule 12, Appendix to this title.
Motion to dismiss indictment on objection to grand jury, see rule 6.
Cross References
Indictment after limitations, see
Limitation for non-capital offenses, see
§3290. Fugitives from justice
No statute of limitations shall extend to any person fleeing from justice.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on Title 18, U.S.C., 1940 ed., §583 (R.S. §1045).
Said section 583 was rephrased and made applicable to all statutes of limitation and is merely declaratory of the generally accepted rule of law.
Cross References
Absence from district as tolling limitation for prosecution for internal revenue violations, see
Section Referred to in Other Sections
This section is referred to in title 26 section 6531.
§3291. Nationality, citizenship and passports
No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of such sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense.
(Added June 30, 1951, ch. 194, §1,
Amendments
1994—
§3292. Suspension of limitations to permit United States to obtain foreign evidence
(a)(1) Upon application of the United States, filed before return of an indictment, indicating that evidence of an offense is in a foreign country, the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of the statute of limitations for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country.
(2) The court shall rule upon such application not later than thirty days after the filing of the application.
(b) Except as provided in subsection (c) of this section, a period of suspension under this section shall begin on the date on which the official request is made and end on the date on which the foreign court or authority takes final action on the request.
(c) The total of all periods of suspension under this section with respect to an offense—
(1) shall not exceed three years; and
(2) shall not extend a period within which a criminal case must be initiated for more than six months if all foreign authorities take final action before such period would expire without regard to this section.
(d) As used in this section, the term "official request" means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
(Added
Effective Date
Section effective 30 days after Oct. 12, 1984, see section 1220 of
Section Referred to in Other Sections
This section is referred to in
§3293. Financial institution offenses
No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy to violate—
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, 1033, or 1344;
(2) section 1341 or 1343, if the offense affects a financial institution; or
(3) section 1963, to the extent that the racketeering activity involves a violation of section 1344;
unless the indictment is returned or the information is filed within 10 years after the commission of the offense.
(Added
Amendments
1994—Par. (1).
1990—Par. (3).
Effective Date of 1990 Amendment
Section 2505(b) of
Effect of This Section on Offenses for Which Prior Period of Limitations Had Not Run
Section 961(l)(3) of
§3294. Theft of major artwork
No person shall be prosecuted, tried, or punished for a violation of or conspiracy to violate section 668 unless the indictment is returned or the information is filed within 20 years after the commission of the offense.
(Added
§3295. Arson offenses
No person shall be prosecuted, tried, or punished for any non-capital offense under section 81 or subsection (f), (h), or (i) of section 844 unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.
(Added
CHAPTER 215 —GRAND JURY
Amendments
1989—
Chapter Referred to in Other Sections
This chapter is referred to in
§3321. Number of grand jurors; summoning additional jurors
Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The provisions of the first sentence are embodied in rule 6(a) of the Federal Rules of Criminal Procedure, but it has been retained because of its relation to the remainder of the text which is not covered by said rule.
Federal Rules of Criminal Procedure
Challenges of grand jurors, see rule 6, Appendix to this title.
Discharge and excuse of grand jurors, see rule 6.
Summoning grand jurors, see rule 6.
Cross References
Apportionment of grand jurors within district, see
Attendance fees of grand jurors, see
Drawing grand jurors, see
Exclusion on account of race or color, penalty for, see
Fee of marshal for serving venire, see
Fees of grand jurors, see
Intimidating or influencing grand jurors, see
Ohio grand jurors; place of service; authority of judge to change; see
Qualifications and exemptions of jurors, see
Summons; service and return, see
Traveling expenses, see
§3322. Disclosure of certain matters occurring before grand jury
(a) A person who is privy to grand jury information concerning a banking law violation—
(1) received in the course of duty as an attorney for the government; or
(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal Procedure;
may disclose that information to an attorney for the government for use in enforcing section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 or for use in connection with civil forfeiture under
(b)(1) Upon motion of an attorney for the government, a court may direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a Federal or State financial institution regulatory agency—
(A) for use in relation to any matter within the jurisdiction of such regulatory agency; or
(B) to assist an attorney for the government to whom matters have been disclosed under subsection (a).
(2) A court may issue an order under paragraph (1) at any time during or after the completion of the investigation of the grand jury, upon a finding of a substantial need.
(c) A person to whom matter has been disclosed under this section shall not use such matter other than for the purpose for which such disclosure was authorized.
(d) As used in this section—
(1) the term "banking law violation" means a violation of, or a conspiracy to violate—
(A) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344; or
(B) section 1341 or 1343 affecting a financial institution;
(2) the term "attorney for the government" has the meaning given such term in the Federal Rules of Criminal Procedure; and
(3) the term "grand jury information" means matters occurring before a grand jury other than the deliberations of the grand jury or the vote of any grand juror.
(Added
References in Text
Section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, referred to in subsec. (a), is classified to
The Federal Rules of Criminal Procedure, referred to in subsecs. (a)(2) and (d)(2), are set out in the Appendix to this title.
Prior Provisions
A prior section 3322, act June 25, 1948, ch. 645,
Amendments
1999—Subsec. (b)(1).
Subsec. (b)(2).
Section Referred to in Other Sections
This section is referred to in
[§§3323 to 3328. Repealed. Pub. L. 101–73, title IX, §964(a), Aug. 9, 1989, 103 Stat. 505 ]
Section 3323, act June 25, 1948, ch. 645,
Section 3324, act June 25, 1948, ch. 645,
Section 3325, act June 25, 1948, ch. 645,
Section 3326, act June 25, 1948, ch. 645,
Section 3327, act June 25, 1948, ch. 645,
Section 3328, act June 25, 1948, ch. 645,
CHAPTER 216 —SPECIAL GRAND JURY
Amendments
1970—
National Commission on Individual Rights
§3331. Summoning and term
(a) In addition to such other grand juries as shall be called from time to time, each district court which is located in a judicial district containing more than four million inhabitants or in which the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any designated Assistant Attorney General, certifies in writing to the chief judge of the district that in his judgment a special grand jury is necessary because of criminal activity in the district shall order a special grand jury to be summoned at least once in each period of eighteen months unless another special grand jury is then serving. The grand jury shall serve for a term of eighteen months unless an order for its discharge is entered earlier by the court upon a determination of the grand jury by majority vote that its business has been completed. If, at the end of such term or any extension thereof, the district court determines the business of the grand jury has not been completed, the court may enter an order extending such term for an additional period of six months. No special grand jury term so extended shall exceed thirty-six months, except as provided in subsection (e) of
(b) If a district court within any judicial circuit fails to extend the term of a special grand jury or enters an order for the discharge of such grand jury before such grand jury determines that it has completed its business, the grand jury, upon the affirmative vote of a majority of its members, may apply to the chief judge of the circuit for an order for the continuance of the term of the grand jury. Upon the making of such an application by the grand jury, the term thereof shall continue until the entry upon such application by the chief judge of the circuit of an appropriate order. No special grand jury term so extended shall exceed thirty-six months, except as provided in subsection (e) of
(Added
Amendments
1988—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§3332. Powers and duties
(a) It shall be the duty of each such grand jury impaneled within any judicial district to inquire into offenses against the criminal laws of the United States alleged to have been committed within that district. Such alleged offenses may be brought to the attention of the grand jury by the court or by any attorney appearing on behalf of the United States for the presentation of evidence. Any such attorney receiving information concerning such an alleged offense from any other person shall, if requested by such other person, inform the grand jury of such alleged offense, the identity of such other person, and such attorney's action or recommendation.
(b) Whenever the district court determines that the volume of business of the special grand jury exceeds the capacity of the grand jury to discharge its obligations, the district court may order an additional special grand jury for that district to be impaneled.
(Added
References in Text
The criminal laws of the United States, referred to in subsec. (a), are classified generally to this title.
Section Referred to in Other Sections
This section is referred to in
§3333. Reports
(a) A special grand jury impaneled by any district court, with the concurrence of a majority of its members, may, upon completion of its original term, or each extension thereof, submit to the court a report—
(1) concerning noncriminal misconduct, malfeasance, or misfeasance in office involving organized criminal activity by an appointed public officer or employee as the basis for a recommendation of removal or disciplinary action; or
(2) regarding organized crime conditions in the district.
(b) The court to which such report is submitted shall examine it and the minutes of the special grand jury and, except as otherwise provided in subsections (c) and (d) of this section, shall make an order accepting and filing such report as a public record only if the court is satisfied that it complies with the provisions of subsection (a) of this section and that—
(1) the report is based upon facts revealed in the course of an investigation authorized by subsection (a) of section 3332 and is supported by the preponderance of the evidence; and
(2) when the report is submitted pursuant to paragraph (1) of subsection (a) of this section, each person named therein and any reasonable number of witnesses in his behalf as designated by him to the foreman of the grand jury were afforded an opportunity to testify before the grand jury prior to the filing of such report, and when the report is submitted pursuant to paragraph (2) of subsection (a) of this section, it is not critical of an identified person.
(c)(1) An order accepting a report pursuant to paragraph (1) of subsection (a) of this section and the report shall be sealed by the court and shall not be filed as a public record or be subject to subpena or otherwise made public (i) until at least thirty-one days after a copy of the order and report are served upon each public officer or employee named therein and an answer has been filed or the time for filing an answer has expired, or (ii) if an appeal is taken, until all rights of review of the public officer or employee named therein have expired or terminated in an order accepting the report. No order accepting a report pursuant to paragraph (1) of subsection (a) of this section shall be entered until thirty days after the delivery of such report to the public officer or body pursuant to paragraph (3) of subsection (c) of this section. The court may issue such orders as it shall deem appropriate to prevent unauthorized publication of a report. Unauthorized publication may be punished as contempt of the court.
(2) Such public officer or employee may file with the clerk a verified answer to such a report not later than twenty days after service of the order and report upon him. Upon a showing of good cause, the court may grant such public officer or employee an extension of time within which to file such answer and may authorize such limited publication of the report as may be necessary to prepare such answer. Such an answer shall plainly and concisely state the facts and law constituting the defense of the public officer or employee to the charges in said report, and, except for those parts thereof which the court determines to have been inserted scandalously, prejudiciously, or unnecessarily, such answer shall become an appendix to the report.
(3) Upon the expiration of the time set forth in paragraph (1) of subsection (c) of this section, the United States attorney shall deliver a true copy of such report, and the appendix, if any, for appropriate action to each public officer or body having jurisdiction, responsibility, or authority over each public officer or employee named in the report.
(d) Upon the submission of a report pursuant to subsection (a) of this section, if the court finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, it shall order such report sealed and such report shall not be subject to subpena or public inspection during the pendency of such criminal matter, except upon order of the court.
(e) Whenever the court to which a report is submitted pursuant to paragraph (1) of subsection (a) of this section is not satisfied that the report complies with the provisions of subsection (b) of this section, it may direct that additional testimony be taken before the same grand jury, or it shall make an order sealing such report, and it shall not be filed as a public record or be subject to subpena or otherwise made public until the provisions of subsection (b) of this section are met. A special grand jury term may be extended by the district court beyond thirty-six months in order that such additional testimony may be taken or the provisions of subsection (b) of this section may be met.
(f) As used in this section, "public officer or employee" means any officer or employee of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof.
(Added
Section Referred to in Other Sections
This section is referred to in
§3334. General provisions
The provisions of
(Added
CHAPTER 217 —INDICTMENT AND INFORMATION
§3361. Form and contents—(Rule)
See Federal Rules of Criminal Procedure
Contents and form; striking surplusage, Rule 7(a), (c), (d).
(June 25, 1948, ch. 645,
§3362. Waiver of indictment and prosecution on information—(Rule)
See Federal Rules of Criminal Procedure
Waiver of indictment for offenses not punishable by death, Rule 7(b).
(June 25, 1948, ch. 645,
§3363. Joinder of offenses—(Rule)
See Federal Rules of Criminal Procedure
Joinder of two or more offenses in same indictment, Rule 8(a).
Trial together of indictments or informations, Rule 13.
(June 25, 1948, ch. 645,
§3364. Joinder of defendants—(Rule)
See Federal Rules of Criminal Procedure
Joinder of two or more defendants charged in same indictment, Rule 8(b).
Relief from prejudicial joinder, Rule 14.
(June 25, 1948, ch. 645,
§3365. Amendment of information—(Rule)
See Federal Rules of Criminal Procedure
Amendment of information, time and conditions, Rule 7(e).
(June 25, 1948, ch. 645,
§3366. Bill of particulars—(Rule)
See Federal Rules of Criminal Procedure
Bill of particulars for cause; motion after arraignment; time; amendment, Rule 7(f).
(June 25, 1948, ch. 645,
§3367. Dismissal—(Rule)
See Federal Rules of Criminal Procedure
Dismissal filed by Attorney General or United States Attorney, Rule 48.
Dismissal on objection to array of grand jury or lack of legal qualification of individual grand juror, Rule 6(b)(2).
(June 25, 1948, ch. 645,
CHAPTER 219 —TRIAL BY UNITED STATES MAGISTRATES
Amendments
1979—
1968—
§3401. Misdemeanors; application of probation laws
(a) When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district.
(b) Any person charged with a misdemeanor, other than a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record.
(c) A magistrate who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate prior to the imposition of sentence.
(d) The probation laws shall be applicable to persons tried by a magistrate under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge.
(e) Proceedings before United States magistrates under this section shall be taken down by a court reporter or recorded by suitable sound recording equipment. For purposes of appeal a copy of the record of such proceedings shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts.
(f) The district court may order that proceedings in any misdemeanor case be conducted before a district judge rather than a United States magistrate upon the court's own motion or, for good cause shown, upon petition by the attorney for the Government. Such petition should note the novelty, importance, or complexity of the case, or other pertinent factors, and be filed in accordance with regulations promulgated by the Attorney General.
(g) The magistrate judge may, in a petty offense case involving a juvenile, that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, exercise all powers granted to the district court under
(h) The magistrate judge shall have power to modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge.
(i) A district judge may designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge, including, in the case of revocation, a recommended disposition under
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§576, 576b, 576c, 576d (Oct. 9, 1940, ch. 785, §§1, 3–5,
The phrase "the commissioner shall have power to grant probation" was inserted in paragraph (c) in order to make clear the authority of the commissioner to grant probation without application to the District judge.
Four sections were consolidated herein with minor rearrangements and deletion of unnecessary words.
Amendments
1996—Subsec. (b).
Subsec. (g).
1992—Subsec. (d).
Subsecs. (h), (i).
1988—Subsec. (g). Amendment by
1984—Subsecs. (g), (h).
"(1) the magistrate may not sentence the youth offender to the custody of the Attorney General pursuant to such chapter for a period in excess of 1 year for conviction of a misdemeanor or 6 months for conviction of a petty offense;
"(2) such youth offender shall be released conditionally under supervision no later than 3 months before the expiration of the term imposed by the magistrate, and shall be discharged unconditionally on or before the expiration of the maximum sentence imposed; and
"(3) the magistrate may not suspend the imposition of sentence and place the youth offender on probation for a period in excess of 1 year for conviction of a misdemeanor or 6 months for conviction of a petty offense."
1979—
Subsec. (a).
Subsec. (b).
Subsec. (f).
Subsecs. (g), (h).
1968—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1958—Subsec. (e).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Federal Rules of Criminal Procedure
Proceedings before the United States magistrate judge, see rule 5, Appendix to this title.
Proceedings involving misdemeanors and other petty offenses, see rule 58.
Cross References
Appointment of United States magistrate judges, see
Compensation of magistrate judges, see
Jurisdiction and powers of magistrate judges, see
Probation, see
Section Referred to in Other Sections
This section is referred to in
§3402. Rules of procedure, practice and appeal 1
In all cases of conviction by a United States magistrate an appeal of right shall lie from the judgment of the magistrate to a judge of the district court of the district in which the offense was committed.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title
Amendments
1988—
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Federal Rules of Criminal Procedure
Proceedings involving misdemeanors and other petty offenses, see rule 58.
1 Section catchline was not amended to conform to change made in text by
CHAPTER 221 —ARRAIGNMENT, PLEAS AND TRIAL
§3431. Term of court; power of court unaffected by expiration—(Rule)
See Federal Rules of Criminal Procedure
Expiration of term without significance in criminal cases, Rule 45(c).
(June 25, 1948, ch. 645,
References in Text
Rule 45(c) of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
§3432. Indictment and list of jurors and witnesses for prisoner in capital cases
A person charged with treason or other capital offense shall at least three entire days before commencement of trial be furnished with a copy of the indictment and a list of the veniremen, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §562 (R.S. §1033).
Words "or other capital offense" inserted after "treason" and "jurors" substituted for "jury". The concluding sentence "When any person is indicted for any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial" was omitted. The change made by the revisers, permitting an additional day's preparation for trial in homicide, kidnapping, rape, and other capital cases seemed not unreasonable.
Words "shall be delivered to him", at end of section, were omitted as unnecessary.
Rule 10 of the Federal Rules of Criminal Procedure requires that the defendant in every case be given a copy of the indictment or information before he is called upon to plead. Thus there is no conflict between the rule and the revised section.
Minor changes in phraseology were made.
Amendments
1994—
Federal Rules of Criminal Procedure
Copy of indictment or information to defendant before plea, see rule 10, Appendix to this title.
Cross References
Qualification and drawing of trial jurors, see
Witnesses and evidence, see
§3433. Arraignment—(Rule)
See Federal Rules of Criminal Procedure
Reading and furnishing copy of indictment to accused, Rule 10.
(June 25, 1948, ch. 645,
§3434. Presence of defendant—(Rule)
See Federal Rules of Criminal Procedure
Right of defendant to be present generally; corporation; waiver, Rule 43.
(June 25, 1948, ch. 645,
§3435. Receiver of stolen property triable before or after principal
A person charged with receiving or concealing stolen property may be tried either before or after the trial of the principal offender.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§101, 467 (Mar. 4, 1909, ch. 321, §§48, 288,
Other provisions of
Necessary changes were made in phraseology.
§3436. Consolidation of indictments or informations—(Rule)
See Federal Rules of Criminal Procedure
Two or more indictments or informations triable together, Rule 13.
(June 25, 1948, ch. 645,
§3437. Severance—(Rule)
See Federal Rules of Criminal Procedure
Relief from prejudicial joinder of defendants or offenses, Rule 14.
(June 25, 1948, ch. 645,
§3438. Pleas—(Rule)
See Federal Rules of Criminal Procedure
Plea of guilty, not guilty, or nolo contendere; acceptance by court; refusal to plead; corporation failing to appear, Rule 11.
Withdrawal of plea of guilty, Rule 32.
(June 25, 1948, ch. 645,
§3439. Demurrers and special pleas in bar or abatement abolished; relief on motion—(Rule)
See Federal Rules of Criminal Procedure
Motion to dismiss or for appropriate relief substituted for demurrer or dilatory plea or motion to quash, Rule 12.
(June 25, 1948, ch. 645,
§3440. Defenses and objections determined on motion—(Rule)
See Federal Rules of Criminal Procedure
Defenses or objections which may or must be raised before trial; time; hearing; effect of determination; limitations by law unaffected, Rule 12(b).
(June 25, 1948, ch. 645,
§3441. Jury; number of jurors; waiver—(Rule)
See Federal Rules of Criminal Procedure
Jury trial, waiver, twelve jurors or less by written stipulation, trial by court on general or special findings, Rule 23.
(June 25, 1948, ch. 645,
§3442. Jurors, examination, peremptory challenges; alternates—(Rule)
See Federal Rules of Criminal Procedure
Examination and peremptory challenges of trial jurors; alternate jurors, Rule 24.
(June 25, 1948, ch. 645,
§3443. Instructions to jury—(Rule)
See Federal Rules of Criminal Procedure
Court's instructions to jury, written requests and copies, objections, Rule 30.
(June 25, 1948, ch. 645,
§3444. Disability of judge—(Rule)
See Federal Rules of Criminal Procedure
Disability of judge after verdict or finding of guilt, Rule 25.
(June 25, 1948, ch. 645,
§3445. Motion for judgment of acquittal—(Rule)
See Federal Rules of Criminal Procedure
Motions for directed verdict abolished.
Motions for judgment of acquittal adopted; court may reserve decision; renewal, Rule 29.
(June 25, 1948, ch. 645,
§3446. New trial—(Rule)
See Federal Rules of Criminal Procedure
Granting of new trial, grounds, and motion, Rule 33.
(June 25, 1948, ch. 645,
CHAPTER 223 —WITNESSES AND EVIDENCE
Amendments
1998—
1997—
1996—
1994—
1988—
1984—
1970—
1968—
1957—
1954—Act Aug. 20, 1954, ch. 769, §2,
Protected Facilities for Housing Government Witnesses
§3481. Competency of accused
In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Section was rewritten without change of substance.
Short Title of 1997 Amendment
Federal Rules of Criminal Procedure
Harmless and plain error, see rule 52, Appendix to this title.
Instructions, see rule 30.
§3482. Evidence and witnesses—(Rule)
See Federal Rules of Criminal Procedure
Competency and privileges of witnesses and admissibility of evidence governed by principles of common law, Rule 26.
(June 25, 1948, ch. 645,
References in Text
Rule 26 of the Federal Rules of Criminal Procedure, referred to in text, was amended in 1972. The subject matter is covered by the Federal Rules of Evidence, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Cross References
Documents, admissibility of, see Federal Rules of Evidence, Title 28, Appendix, Judiciary and Judicial Procedure.
Foreign witnesses, subpoenas and proceedings against disobedient witnesses, see
§3483. Indigent defendants, process to produce evidence—(Rule)
See Federal Rules of Criminal Procedure
Subpoena for indigent defendants, motion, affidavit, costs, Rule 17(b).
(June 25, 1948, ch. 645,
§3484. Subpoenas—(Rule)
See Federal Rules of Criminal Procedure
Form, contents and issuance of subpoena, Rule 17(a).
Service in United States, Rule 17(d), (e,1).
Service in foreign country, Rule 17(d), (e,2).
Indigent defendants, Rule 17(b).
On taking depositions, Rule 17(f).
Papers and documents, Rule 17(c).
Disobedience of subpoena as contempt of court, Rule 17(g).
(June 25, 1948, ch. 645,
Cross References
Subpoenas and proceedings against disobedient foreign witnesses, see
§3485. Expert witnesses—(Rule)
See Federal Rules of Criminal Procedure
Selection and appointment of expert witnesses by court or parties; compensation, Rule 28.
(June 25, 1948, ch. 645,
References in Text
Rule 28 of the Federal Rules of Criminal Procedure, referred to in text, was amended in 1972. The subject matter of this reference is covered by Federal Rules of Evidence, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3486. Administrative subpoenas in Federal health care investigations
(a)
(A) requiring the production of any records (including any books, papers, documents, electronic media, or other objects or tangible things), which may be relevant to an authorized law enforcement inquiry, that a person or legal entity may possess or have care, custody, or control; or
(B) requiring a custodian of records to give testimony concerning the production and authentication of such records.
(2) A subpoena under this subsection shall describe the objects required to be produced and prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.
(3) The production of records shall not be required under this section at any place more than 500 miles distant from the place where the subpoena for the production of such records is served.
(4) Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
(b)
(c)
(d)
(e)
(2) In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services.
(3) Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.
(Added
Prior Provisions
A prior section 3486, acts June 25, 1948, ch. 645,
Amendments
1998—
Subsec. (a)(1).
Section Referred to in Other Sections
This section is referred to in
§3486A. Administrative subpoenas in cases involving child abuse and child sexual exploitation
(a)
(1)
(A) requiring a provider of electronic communication service or remote computing service to disclose the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, which may be relevant to an authorized law enforcement inquiry; or
(B) requiring a custodian of records to give testimony concerning the production and authentication of such records or information.
(2)
(b)
(Added
§3487. Refusal to pay as evidence of embezzlement
The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the General Accounting Office, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §180 (Mar. 4, 1909, ch. 321, §94,
"General Accounting Office" was substituted for "proper accounting officer of the Treasury".
Cross References
Account as evidence of embezzlement, see
Accounting generally for public money, see
Embezzlement of public money, see
§3488. Intoxicating liquor in Indian country as evidence of unlawful introduction
The possession by a person of intoxicating liquors in Indian country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The only change made was the insertion of the word "Indian" before "country", to substitute specificity for generality. (See definition of "Indian country" in
Cross References
Application of Indian liquor laws, see
Indian country defined, see
Possession of intoxicating liquors in Indian country, see
Section Referred to in Other Sections
This section is referred to in
§3489. Discovery and inspection—(Rule)
See Federal Rules of Criminal Procedure
Inspection of documents and papers taken from defendant, Rule 16.
(June 25, 1948, ch. 645,
§3490. Official record or entry—(Rule)
See Federal Rules of Criminal Procedure
Proof of official record or entry as in civil actions, Rule 27.
(June 25, 1948, ch. 645,
§3491. Foreign documents
Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on
1949 Act
This section [section 52] corrects
References in Text
The Federal Rules of Evidence, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1975—
1964—
1949—Act May 24, 1949, substituted "section 1741" for "section 695e" and "section 1732" for "section 695" wherever appearing.
Federal Rules of Criminal Procedure
Proof of official records, see rule 27, Appendix to this title.
Cross References
Certification of genuineness of foreign document, see
Commission to consular officers to authenticate foreign documents, see
Foreign documents of record in the State of Vatican City, see
Foreign documents on record in public offices, see
Record made in regular course of business, see
§3492. Commission to consular officers to authenticate foreign documents
(a) The testimony of any witness in a foreign country may be taken either on oral or written interrogatories, or on interrogatories partly oral and partly written, pursuant to a commission issued, as hereinafter provided, for the purpose of determining whether any foreign documents sought to be used in any criminal action or proceeding in any court of the United States are genuine, and whether the authentication requirements of the Federal Rules of Evidence are satisfied with respect to any such document (or the original thereof in case such document is a copy). Application for the issuance of a commission for such purpose may be made to the court in which such action or proceeding is pending by the United States or any other party thereto, after five days' notice in writing by the applicant party, or his attorney, to the opposite party, or his attorney of record, which notice shall state the names and addresses of witnesses whose testimony is to be taken and the time when it is desired to take such testimony. In granting such application the court shall issue a commission for the purpose of taking the testimony sought by the applicant addressed to any consular officer of the United States conveniently located for the purpose. In cases of testimony taken on oral or partly oral interrogatories, the court shall make provisions in the commission for the selection as hereinafter provided of foreign counsel to represent each party (except the United States) to the criminal action or proceeding in which the foreign documents in question are to be used, unless such party has, prior to the issuance of the commission, notified the court that he does not desire the selection of foreign counsel to represent him at the time of taking of such testimony. In cases of testimony taken on written interrogatories, such provision shall be made only upon the request of any such party prior to the issuance of such commission. Selection of foreign counsel shall be made by the party whom such foreign counsel is to represent within ten days prior to the taking of testimony or by the court from which the commission issued, upon the request of such party made within such time.
(b) Any consular officer to whom a commission is addressed to take testimony, who is interested in the outcome of the criminal action or proceeding in which the foreign documents in question are to be used or has participated in the prosecution of such action or proceeding, whether by investigations, preparation of evidence, or otherwise, may be disqualified on his own motion or on that of the United States or any other party to such criminal action or proceeding made to the court from which the commission issued at any time prior to the execution thereof. If after notice and hearing, the court grants the motion, it shall instruct the consular officer thus disqualified to send the commission to any other consular officer of the United States named by the court, and such other officer shall execute the commission according to its terms and shall for all purposes be deemed the officer to whom the commission is addressed.
(c) The provisions of this section and
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on
1949 Act
This section [section 53] corrects
References in Text
The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1998—Subsec. (c).
1975—Subsec. (a).
1949—Subsec. (a). Act May 24, 1949, substituted "section 1732" for "section 695".
Federal Rules of Civil Procedure
Proof of official records, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.
Federal Rules of Criminal Procedure
Proof of official record, see rule 27, Appendix to this title.
Cross References
Admissibility of foreign document, see
Section Referred to in Other Sections
This section is referred to in
§3493. Deposition to authenticate foreign documents
The consular officer to whom any commission authorized under
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Federal Rules of Criminal Procedure
Proof of official records, see rule 27, Appendix to this title.
Cross References
Commission to consular officers to authenticate foreign documents, see
Fees for witnesses and interpreters, see
Regulations as to commissions and fees of witnesses, etc., see
Section Referred to in Other Sections
This section is referred to in
§3494. Certification of genuineness of foreign document
If the consular officer executing any commission authorized under
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Cross References
Fees for witnesses and interpreters, see
Regulations as to commissions and fees of witnesses, etc., see
Section Referred to in Other Sections
This section is referred to in
§3495. Fees and expenses of consuls, counsel, interpreters and witnesses
(a) The consular fees prescribed under
(b) Whenever any party makes affidavit, prior to the issuance of a commission for the purpose of taking testimony, that he is not possessed of sufficient means and is actually unable to pay any fees and costs incurred under this section, such fees and costs shall, upon order of the court, be paid in the same manner as fees and costs are paid which are chargeable to the United States.
(c) Any appropriation available for the payment of fees and costs in the case of witnesses subpenaed in behalf of the United States in criminal cases shall be available for any fees or costs which the United States is required to pay under this section.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on
1949 Act
This section [section 54] corrects the reference in the first sentence of
References in Text
Amendments
1949—Subsec. (a). Act May 24, 1949, substituted "section 1201" for "section 127".
Section Referred to in Other Sections
This section is referred to in
§3496. Regulations by President as to commissions, fees of witnesses, counsel and interpreters
The President is authorized to prescribe regulations governing the manner of executing and returning commissions by consular officers under the provisions of
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Ex. Ord. No. 10307. Delegation of Authority
Ex. Ord. No. 10307, Nov. 23, 1951, 16 F.R. 11907, provided:
By virtue of the authority vested in me by the act of August 8, 1950,
Executive Order No. 8298 of December 4, 1939, entitled "Regulations Governing the Manner of Executing and Returning Commissions by Officers of the Foreign Service in Criminal Cases, and Schedule of Fees and Compensation in Such Cases", is hereby revoked.
Section Referred to in Other Sections
This section is referred to in
§3497. Account as evidence of embezzlement
Upon the trial of any indictment against any person for embezzling public money it shall be sufficient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the General Accounting Office.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§179, 355;
This section is a consolidation of
Other provisions of said
Words in second sentence of said
Cross References
Accounting generally for public money, see
Admissibility of Government records and papers, see
Certified transcripts of General Accounting Office admissible in evidence, see
Embezzlement of public money, see
Refusal to pay as evidence of embezzlement, see
§3498. Depositions—(Rule)
See Federal Rules of Criminal Procedure
Time, manner and conditions of taking depositions; costs; notice; use; objections; written interrogatories, Rule 15.
Subpoenas on taking depositions, Rule 17(f).
(June 25, 1948, ch. 645,
§3499. Contempt of court by witness—(Rule)
See Federal Rules of Criminal Procedure
Disobedience of subpoena without excuse as contempt, Rule 17(g).
(June 25, 1948, ch. 645,
§3500. Demands for production of statements and reports of witnesses
(a) In any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a Government witness or prospective Government witness (other than the defendant) shall be the subject of subpena, discovery, or inspection until said witness has testified on direct examination in the trial of the case.
(b) After a witness called by the United States has testified on direct examination, the court shall, on motion of the defendant, order the United States to produce any statement (as hereinafter defined) of the witness in the possession of the United States which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.
(c) If the United States claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the United States to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the United States and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of said defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of such statement by said defendant and his preparation for its use in the trial.
(d) If the United States elects not to comply with an order of the court under subsection (b) or (c) hereof to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.
(e) The term "statement", as used in subsections (b), (c), and (d) of this section in relation to any witness called by the United States, means—
(1) a written statement made by said witness and signed or otherwise adopted or approved by him;
(2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness and recorded contemporaneously with the making of such oral statement; or
(3) a statement, however taken or recorded, or a transcription thereof, if any, made by said witness to a grand jury.
(Added
Amendments
1970—Subsec. (a).
Subsec. (d).
Subsec. (e).
Canal Zone
Applicability of section to Canal Zone, see
Section Referred to in Other Sections
This section is referred to in
§3501. Admissibility of confessions
(a) In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.
(b) The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including (1) the time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment, (2) whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession, (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him, (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel; and (5) whether or not such defendant was without the assistance of counsel when questioned and when giving such confession.
The presence or absence of any of the above-mentioned factors to be taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.
(c) In any criminal prosecution by the United States or by the District of Columbia, a confession made or given by a person who is a defendant therein, while such person was under arrest or other detention in the custody of any law-enforcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a magistrate or other officer empowered to commit persons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such person within six hours immediately following his arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such magistrate or other officer beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such magistrate or other officer.
(d) Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention.
(e) As used in this section, the term "confession" means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
(Added
Amendments
1968—Subsec. (c).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
§3502. Admissibility in evidence of eye witness testimony
The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court ordained and established under article III of the Constitution of the United States.
(Added
§3503. Depositions to preserve testimony
(a) Whenever due to exceptional circumstances it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved, the court at any time after the filing of an indictment or information may upon motion of such party and notice to the parties order that the testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness. A motion by the Government to obtain an order under this section shall contain certification by the Attorney General or his designee that the legal proceeding is against a person who is believed to have participated in an organized criminal activity.
(b) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination, and shall produce him at the examination and keep him in the presence of the witness during the examination. A defendant not in custody shall have the right to be present at the examination, but his failure, absent good cause shown, to appear after notice and tender of expenses shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
(c) If a defendant is without counsel, the court shall advise him of his rights and assign counsel to represent him unless the defendant elects to proceed without counsel or is able to obtain counsel of his own choice. Whenever a deposition is taken at the instance of the Government, or whenever a deposition is taken at the instance of a defendant who appears to be unable to bear the expense of the taking of the deposition, the court may direct that the expenses of travel and subsistence of the defendant and his attorney for attendance at the examination shall be paid by the Government. In such event the marshal shall make payment accordingly.
(d) A deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a deposition be taken of a party defendant without his consent, and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the defendant the court may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. Such request shall constitute a waiver of any objection to the taking and use of the deposition based upon its being so taken.
(e) The Government shall make available to the defendant for his examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the Government and which the Government would be required to make available to the defendant if the witness were testifying at the trial.
(f) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears: That the witness is dead; or that the witness is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or that the witness is unable to attend or testify because of sickness or infirmity; or that the witness refuses in the trial or hearing to testify concerning the subject of the deposition or part offered; or that the party offering the deposition has been unable to procure the attendance of the witness by subpena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
(g) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.
(Added
§3504. Litigation concerning sources of evidence
(a) In any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States—
(1) upon a claim by a party aggrieved that evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act;
(2) disclosure of information for a determination if evidence is inadmissible because it is the primary product of an unlawful act occurring prior to June 19, 1968, or because it was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, shall not be required unless such information may be relevant to a pending claim of such inadmissibility; and
(3) no claim shall be considered that evidence of an event is inadmissible on the ground that such evidence was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, if such event occurred more than five years after such allegedly unlawful act.
(b) As used in this section "unlawful act" means any act the use of any electronic, mechanical, or other device (as defined in
(Added
Congressional Statement of Findings
Section 701 of title VII of
Applicability to Proceedings
Section 703 of title VII of
Section Referred to in Other Sections
This section is referred to in title 8 section 1534.
§3505. Foreign records of regularly conducted activity
(a)(1) In a criminal proceeding in a court of the United States, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that—
(A) such record was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters;
(B) such record was kept in the course of a regularly conducted business activity;
(C) the business activity made such a record as a regular practice; and
(D) if such record is not the original, such record is a duplicate of the original;
unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
(2) A foreign certification under this section shall authenticate such record or duplicate.
(b) At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.
(c) As used in this section, the term—
(1) "foreign record of regularly conducted activity" means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country;
(2) "foreign certification" means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country; and
(3) "business" includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
(Added
Effective Date
Section 1220 of part K (§§1217–1220) of chapter XII of title II of
§3506. Service of papers filed in opposition to official request by United States to foreign government for criminal evidence
(a) Except as provided in subsection (b) of this section, any national or resident of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense shall serve such pleading or other document on the Attorney General at the time such pleading or other document is submitted.
(b) Any person who is a party to a criminal proceeding in a court of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense that is a subject of such proceeding shall serve such pleading or other document on the appropriate attorney for the Government, pursuant to the Federal Rules of Criminal Procedure, at the time such pleading or other document is submitted.
(c) As used in this section, the term "official request" means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
(Added
Effective Date
Section effective 30 days after Oct. 12, 1984, see section 1220 of
§3507. Special master at foreign deposition
Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advisor on questions of United States law. Notwithstanding any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special master under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the provisions of the Federal Rules of Criminal Procedure.
(Added
Effective Date
Section effective 30 days after Oct. 12, 1984, see section 1220 of
§3508. Custody and return of foreign witnesses
(a) When the testimony of a person who is serving a sentence, is in pretrial detention, or is otherwise being held in custody, in a foreign country, is needed in a State or Federal criminal proceeding, the Attorney General shall, when he deems it appropriate in the exercise of his discretion, have the authority to request the temporary transfer of that person to the United States for the purposes of giving such testimony, to transport such person to the United States in custody, to maintain the custody of such person while he is in the United States, and to return such person to the foreign country.
(b) Where the transfer to the United States of a person in custody for the purposes of giving testimony is provided for by treaty or convention, by this section, or both, that person shall be returned to the foreign country from which he is transferred. In no event shall the return of such person require any request for extradition or extradition proceedings, or proceedings under the immigration laws.
(c) Where there is a treaty or convention between the United States and the foreign country in which the witness is being held in custody which provides for the transfer, custody and return of such witnesses, the terms and conditions of that treaty shall apply. Where there is no such treaty or convention, the Attorney General may exercise the authority described in paragraph (a) if both the foreign country and the witness give their consent.
(Added
References in Text
The immigration laws, referred to in subsec. (b), are classified generally to Title 8, Aliens and Nationality. See also
§3509. Child victims' and child witnesses' rights
(a)
(1) the term "adult attendant" means an adult described in subsection (i) who accompanies a child throughout the judicial process for the purpose of providing emotional support;
(2) the term "child" means a person who is under the age of 18, who is or is alleged to be—
(A) a victim of a crime of physical abuse, sexual abuse, or exploitation; or
(B) a witness to a crime committed against another person;
(3) the term "child abuse" means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;
(4) the term "physical injury" includes lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;
(5) the term "mental injury" means harm to a child's psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition;
(6) the term "exploitation" means child pornography or child prostitution;
(7) the term "multidisciplinary child abuse team" means a professional unit composed of representatives from health, social service, law enforcement, and legal service agencies to coordinate the assistance needed to handle cases of child abuse;
(8) the term "sexual abuse" includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
(9) the term "sexually explicit conduct" means actual or simulated—
(A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;
(B) bestiality;
(C) masturbation;
(D) lascivious exhibition of the genitals or pubic area of a person or animal; or
(E) sadistic or masochistic abuse;
(10) the term "sex crime" means an act of sexual abuse that is a criminal act;
(11) the term "negligent treatment" means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child; and
(12) the term "child abuse" does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty.
(b)
(1)
(A) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child's attorney, or a guardian ad litem appointed under subsection (h) may apply for an order that the child's testimony be taken in a room outside the courtroom and be televised by 2-way closed circuit television. The person seeking such an order shall apply for such an order at least 5 days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable.
(B) The court may order that the testimony of the child be taken by closed-circuit television as provided in subparagraph (A) if the court finds that the child is unable to testify in open court in the presence of the defendant, for any of the following reasons:
(i) The child is unable to testify because of fear.
(ii) There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying.
(iii) The child suffers a mental or other infirmity.
(iv) Conduct by defendant or defense counsel causes the child to be unable to continue testifying.
(C) The court shall support a ruling on the child's inability to testify with findings on the record. In determining whether the impact on an individual child of one or more of the factors described in subparagraph (B) is so substantial as to justify an order under subparagraph (A), the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the child attendant, the prosecutor, the child's attorney, the guardian ad litem, and the defense counsel present.
(D) If the court orders the taking of testimony by television, the attorney for the Government and the attorney for the defendant not including an attorney pro se for a party shall be present in a room outside the courtroom with the child and the child shall be subjected to direct and cross-examination. The only other persons who may be permitted in the room with the child during the child's testimony are—
(i) the child's attorney or guardian ad litem appointed under subsection (h);
(ii) persons necessary to operate the closed-circuit television equipment;
(iii) a judicial officer, appointed by the court; and
(iv) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant.
The child's testimony shall be transmitted by closed circuit television into the courtroom for viewing and hearing by the defendant, jury, judge, and public. The defendant shall be provided with the means of private, contemporaneous communication with the defendant's attorney during the testimony. The closed circuit television transmission shall relay into the room in which the child is testifying the defendant's image, and the voice of the judge.
(2)
(B)(i) Upon timely receipt of an application described in subparagraph (A), the court shall make a preliminary finding regarding whether at the time of trial the child is likely to be unable to testify in open court in the physical presence of the defendant, jury, judge, and public for any of the following reasons:
(I) The child will be unable to testify because of fear.
(II) There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court.
(III) The child suffers a mental or other infirmity.
(IV) Conduct by defendant or defense counsel causes the child to be unable to continue testifying.
(ii) If the court finds that the child is likely to be unable to testify in open court for any of the reasons stated in clause (i), the court shall order that the child's deposition be taken and preserved by videotape.
(iii) The trial judge shall preside at the videotape deposition of a child and shall rule on all questions as if at trial. The only other persons who may be permitted to be present at the proceeding are—
(I) the attorney for the Government;
(II) the attorney for the defendant;
(III) the child's attorney or guardian ad litem appointed under subsection (h);
(IV) persons necessary to operate the videotape equipment;
(V) subject to clause (iv), the defendant; and
(VI) other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child.
The defendant shall be afforded the rights applicable to defendants during trial, including the right to an attorney, the right to be confronted with the witness against the defendant, and the right to cross-examine the child.
(iv) If the preliminary finding of inability under clause (i) is based on evidence that the child is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant represented pro se, be excluded from the room in which the deposition is conducted. If the court orders that the defendant be excluded from the deposition room, the court shall order that 2-way closed circuit television equipment relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding, and that the defendant be provided with a means of private, contemporaneous communication with the defendant's attorney during the deposition.
(v)
(C) If at the time of trial the court finds that the child is unable to testify as for a reason described in subparagraph (B)(i), the court may admit into evidence the child's videotaped deposition in lieu of the child's testifying at the trial. The court shall support a ruling under this subparagraph with findings on the record.
(D) Upon timely receipt of notice that new evidence has been discovered after the original videotaping and before or during trial, the court, for good cause shown, may order an additional videotaped deposition. The testimony of the child shall be restricted to the matters specified by the court as the basis for granting the order.
(E) In connection with the taking of a videotaped deposition under this paragraph, the court may enter a protective order for the purpose of protecting the privacy of the child.
(F) The videotape of a deposition taken under this paragraph shall be destroyed 5 years after the date on which the trial court entered its judgment, but not before a final judgment is entered on appeal including Supreme Court review. The videotape shall become part of the court record and be kept by the court until it is destroyed.
(c)
(1)
(2)
(3)
(4)
(5)
(A) the judge;
(B) the attorney for the Government;
(C) the attorney for the defendant;
(D) a court reporter; and
(E) persons whose presence, in the opinion of the court, is necessary to the welfare and well-being of the child, including the child's attorney, guardian ad litem, or adult attendant.
(6)
(7)
(8)
(9)
(d)
(1)
(i) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their contents has access; and
(ii) disclose documents described in clause (i) or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information.
(B) Subparagraph (A) applies to—
(i) all employees of the Government connected with the case, including employees of the Department of Justice, any law enforcement agency involved in the case, and any person hired by the Government to provide assistance in the proceeding;
(ii) employees of the court;
(iii) the defendant and employees of the defendant, including the attorney for the defendant and persons hired by the defendant or the attorney for the defendant to provide assistance in the proceeding; and
(iv) members of the jury.
(2)
(A) the complete paper to be kept under seal; and
(B) the paper with the portions of it that disclose the name of or other information concerning a child redacted, to be placed in the public record.
(3)
(B) A protective order issued under subparagraph (A) may—
(i) provide that the testimony of a child witness, and the testimony of any other witness, when the attorney who calls the witness has reason to anticipate that the name of or any other information concerning a child may be divulged in the testimony, be taken in a closed courtroom; and
(ii) provide for any other measures that may be necessary to protect the privacy of the child.
(4)
(e)
(f)
(g)
(1)
(2)
(A) medical diagnoses and evaluation services, including provision or interpretation of x-rays, laboratory tests, and related services, as needed, and documentation of findings;
(B) telephone consultation services in emergencies and in other situations;
(C) medical evaluations related to abuse or neglect;
(D) psychological and psychiatric diagnoses and evaluation services for the child, parent or parents, guardian or guardians, or other caregivers, or any other individual involved in a child victim or child witness case;
(E) expert medical, psychological, and related professional testimony;
(F) case service coordination and assistance, including the location of services available from public and private agencies in the community; and
(G) training services for judges, litigators, court officers and others that are involved in child victim and child witness cases, in handling child victims and child witnesses.
(h)
(1)
(2)
(3)
(i)
(j)
(k)
(l)
(Added
References in Text
The Federal Rules of Evidence, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (f), are set out in the Appendix to this title.
Amendments
1996—Subsec. (e).
Subsec. (h)(3).
1994—
Subsec. (a)(11) to (13).
Subsec. (k).
Effective Date of 1994 Amendment
Section 330011(e) of
Section Referred to in Other Sections
This section is referred to in
§3510. Rights of victims to attend and observe trial
(a)
(b)
(c)
(Added
References in Text
Section 503(e)(2) of the Victims' Rights and Restitution Act of 1990, referred to in subsec. (c), is classified to
Effective Date
Section 2(d) of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 224 —PROTECTION OF WITNESSES
Amendments
1990—
Chapter Referred to in Other Sections
This chapter is referred to in
§3521. Witness relocation and protection
(a)(1) The Attorney General may provide for the relocation and other protection of a witness or a potential witness for the Federal Government or for a State government in an official proceeding concerning an organized criminal activity or other serious offense, if the Attorney General determines that an offense involving a crime of violence directed at the witness with respect to that proceeding, an offense set forth in
(2) The Attorney General shall issue guidelines defining the types of cases for which the exercise of the authority of the Attorney General contained in paragraph (1) would be appropriate.
(3) The United States and its officers and employees shall not be subject to any civil liability on account of any decision to provide or not to provide protection under this chapter.
(b)(1) In connection with the protection under this chapter of a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness, the Attorney General shall take such action as the Attorney General determines to be necessary to protect the person involved from bodily injury and otherwise to assure the health, safety, and welfare of that person, including the psychological well-being and social adjustment of that person, for as long as, in the judgment of the Attorney General, the danger to that person exists. The Attorney General may, by regulation—
(A) provide suitable documents to enable the person to establish a new identity or otherwise protect the person;
(B) provide housing for the person;
(C) provide for the transportation of household furniture and other personal property to a new residence of the person;
(D) provide to the person a payment to meet basic living expenses, in a sum established in accordance with regulations issued by the Attorney General, for such times as the Attorney General determines to be warranted;
(E) assist the person in obtaining employment;
(F) provide other services necessary to assist the person in becoming self-sustaining;
(G) disclose or refuse to disclose the identity or location of the person relocated or protected, or any other matter concerning the person or the program after weighing the danger such a disclosure would pose to the person, the detriment it would cause to the general effectiveness of the program, and the benefit it would afford to the public or to the person seeking the disclosure, except that the Attorney General shall, upon the request of State or local law enforcement officials or pursuant to a court order, without undue delay, disclose to such officials the identity, location, criminal records, and fingerprints relating to the person relocated or protected when the Attorney General knows or the request indicates that the person is under investigation for or has been arrested for or charged with an offense that is punishable by more than one year in prison or that is a crime of violence;
(H) protect the confidentiality of the identity and location of persons subject to registration requirements as convicted offenders under Federal or State law, including prescribing alternative procedures to those otherwise provided by Federal or State law for registration and tracking of such persons; and
(I) exempt procurement for services, materials, and supplies, and the renovation and construction of safe sites within existing buildings from other provisions of law as may be required to maintain the security of protective witnesses and the integrity of the Witness Security Program.
The Attorney General shall establish an accurate, efficient, and effective system of records concerning the criminal history of persons provided protection under this chapter in order to provide the information described in subparagraph (G).
(2) Deductions shall be made from any payment made to a person pursuant to paragraph (1)(D) to satisfy obligations of that person for family support payments pursuant to a State court order.
(3) Any person who, without the authorization of the Attorney General, knowingly discloses any information received from the Attorney General under paragraph (1)(G) shall be fined $5,000 or imprisoned five years, or both.
(c) Before providing protection to any person under this chapter, the Attorney General shall, to the extent practicable, obtain information relating to the suitability of the person for inclusion in the program, including the criminal history, if any, and a psychological evaluation of, the person. The Attorney General shall also make a written assessment in each case of the seriousness of the investigation or case in which the person's information or testimony has been or will be provided and the possible risk of danger to other persons and property in the community where the person is to be relocated and shall determine whether the need for that person's testimony outweighs the risk of danger to the public. In assessing whether a person should be provided protection under this chapter, the Attorney General shall consider the person's criminal record, alternatives to providing protection under this chapter, the possibility of securing similar testimony from other sources, the need for protecting the person, the relative importance of the person's testimony, results of psychological examinations, whether providing such protection will substantially infringe upon the relationship between a child who would be relocated in connection with such protection and that child's parent who would not be so relocated, and such other factors as the Attorney General considers appropriate. The Attorney General shall not provide protection to any person under this chapter if the risk of danger to the public, including the potential harm to innocent victims, outweighs the need for that person's testimony. This subsection shall not be construed to authorize the disclosure of the written assessment made pursuant to this subsection.
(d)(1) Before providing protection to any person under this chapter, the Attorney General shall enter into a memorandum of understanding with that person. Each such memorandum of understanding shall set forth the responsibilities of that person, including—
(A) the agreement of the person, if a witness or potential witness, to testify in and provide information to all appropriate law enforcement officials concerning all appropriate proceedings;
(B) the agreement of the person not to commit any crime;
(C) the agreement of the person to take all necessary steps to avoid detection by others of the facts concerning the protection provided to that person under this chapter;
(D) the agreement of the person to comply with legal obligations and civil judgments against that person;
(E) the agreement of the person to cooperate with all reasonable requests of officers and employees of the Government who are providing protection under this chapter;
(F) the agreement of the person to designate another person to act as agent for the service of process;
(G) the agreement of the person to make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation;
(H) the agreement of the person to disclose any probation or parole responsibilities, and if the person is on probation or parole under State law, to consent to Federal supervision in accordance with
(I) the agreement of the person to regularly inform the appropriate program official of the activities and current address of such person.
Each such memorandum of understanding shall also set forth the protection which the Attorney General has determined will be provided to the person under this chapter, and the procedures to be followed in the case of a breach of the memorandum of understanding, as such procedures are established by the Attorney General. Such procedures shall include a procedure for filing and resolution of grievances of persons provided protection under this chapter regarding the administration of the program. This procedure shall include the opportunity for resolution of a grievance by a person who was not involved in the case.
(2) The Attorney General shall enter into a separate memorandum of understanding pursuant to this subsection with each person protected under this chapter who is eighteen years of age or older. The memorandum of understanding shall be signed by the Attorney General and the person protected.
(3) The Attorney General may delegate the responsibility initially to authorize protection under this chapter only to the Deputy Attorney General, to the Associate Attorney General, to the Assistant Attorney General in charge of the Criminal Division of the Department of Justice, to the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice (insofar as the delegation relates to a criminal civil rights case), and to one other officer or employee of the Department of Justice.
(e) If the Attorney General determines that harm to a person for whom protection may be provided under
(f) The Attorney General may terminate the protection provided under this chapter to any person who substantially breaches the memorandum of understanding entered into between the Attorney General and that person pursuant to subsection (d), or who provides false information concerning the memorandum of understanding or the circumstances pursuant to which the person was provided protection under this chapter, including information with respect to the nature and circumstances concerning child custody and visitation. Before terminating such protection, the Attorney General shall send notice to the person involved of the termination of the protection provided under this chapter and the reasons for the termination. The decision of the Attorney General to terminate such protection shall not be subject to judicial review.
(Added
Amendments
1997—Subsec. (b)(1)(H), (I).
1990—Subsec. (b)(1).
Subsec. (d)(3).
Effective Date
Section 1210 of subpart A (§§1207–1210) of part F of chapter XII of title II of
Short Title
Section 1207 of subpart A (§§1207–1210) of part F of chapter XII of title II of
Section Referred to in Other Sections
This section is referred to in
§3522. Probationers and parolees
(a) A probation officer may, upon the request of the Attorney General, supervise any person provided protection under this chapter who is on probation or parole under State law, if the State involved consents to such supervision. Any person so supervised shall be under Federal jurisdiction during the period of supervision and shall, during that period be subject to all laws of the United States which pertain to probationers or parolees, as the case may be.
(b) The failure by any person provided protection under this chapter who is supervised under subsection (a) to comply with the memorandum of understanding entered into by that person pursuant to
(c) The United States Parole Commission and the Chairman of the Commission shall have the same powers and duties with respect to a probationer or parolee transferred from State supervision pursuant to this section as they have with respect to an offender convicted in a court of the United States and paroled under
(d) If a person provided protection under this chapter who is on probation or parole and is supervised under subsection (a) of this section has been ordered by the State court which imposed sentence on the person to pay a sum of money to the victim of the offense involved for damage caused by the offense, that penalty or award of damages may be enforced as though it were a civil judgment rendered by a United States district court. Proceedings to collect the moneys ordered to be paid may be instituted by the Attorney General in any United States district court. Moneys recovered pursuant to such proceedings shall be distributed to the victim.
(Added
References in Text
Amendments
1988—Subsec. (c).
1986—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3523. Civil judgments
(a) If a person provided protection under this chapter is named as a defendant in a civil cause of action arising prior to or during the period in which the protection is provided, process in the civil proceeding may be served upon that person or an agent designated by that person for that purpose. The Attorney General shall make reasonable efforts to serve a copy of the process upon the person protected at the person's last known address. The Attorney General shall notify the plaintiff in the action whether such process has been served. If a judgment in such action is entered against that person the Attorney General shall determine whether the person has made reasonable efforts to comply with the judgment. The Attorney General shall take appropriate steps to urge the person to comply with the judgment. If the Attorney General determines that the person has not made reasonable efforts to comply with the judgment, the Attorney General may, after considering the danger to the person and upon the request of the person holding the judgment disclose the identity and location of the person to the plaintiff entitled to recovery pursuant to the judgment. Any such disclosure of the identity and location of the person shall be made upon the express condition that further disclosure by the plaintiff of such identity or location may be made only if essential to the plaintiff's efforts to recover under the judgment, and only to such additional persons as is necessary to effect the recovery. Any such disclosure or nondisclosure by the Attorney General shall not subject the United States and its officers or employees to any civil liability.
(b)(1) Any person who holds a judgment entered by a Federal or State court in his or her favor against a person provided protection under this chapter may, upon a decision by the Attorney General to deny disclosure of the current identity and location of such protected person, bring an action against the protected person in the United States district court in the district where the person holding the judgment (hereinafter in this subsection referred to as the "petitioner") resides. Such action shall be brought within one hundred and twenty days after the petitioner requested the Attorney General to disclose the identity and location of the protected person. The complaint in such action shall contain statements that the petitioner holds a valid judgment of a Federal or State court against a person provided protection under this chapter and that the petitioner sought to enforce the judgment by requesting the Attorney General to disclose the identity and location of the protected person.
(2) The petitioner in an action described in paragraph (1) shall notify the Attorney General of the action at the same time the action is brought. The Attorney General shall appear in the action and shall affirm or deny the statements in the complaint that the person against whom the judgment is allegedly held is provided protection under this chapter and that the petitioner requested the Attorney General to disclose the identity and location of the protected person for the purpose of enforcing the judgment.
(3) Upon a determination (A) that the petitioner holds a judgment entered by a Federal or State court and (B) that the Attorney General has declined to disclose to the petitioner the current identity and location of the protected person against whom the judgment was entered, the court shall appoint a guardian to act on behalf of the petitioner to enforce the judgment. The clerk of the court shall forthwith furnish the guardian with a copy of the order of appointment. The Attorney General shall disclose to the guardian the current identity and location of the protected person and any other information necessary to enable the guardian to carry out his or her duties under this subsection.
(4) It is the duty of the guardian to proceed with all reasonable diligence and dispatch to enforce the rights of the petitioner under the judgment. The guardian shall, however, endeavor to carry out such enforcement duties in a manner that maximizes, to the extent practicable, the safety and security of the protected person. In no event shall the guardian disclose the new identity or location of the protected person without the permission of the Attorney General, except that such disclosure may be made to a Federal or State court in order to enforce the judgment. Any good faith disclosure made by the guardian in the performance of his or her duties under this subsection shall not create any civil liability against the United States or any of its officers or employees.
(5) Upon appointment, the guardian shall have the power to perform any act with respect to the judgment which the petitioner could perform, including the initiation of judicial enforcement actions in any Federal or State court or the assignment of such enforcement actions to a third party under applicable Federal or State law. The Federal Rules of Civil Procedure shall apply in any action brought under this subsection to enforce a Federal or State court judgment.
(6) The costs of any action brought under this subsection with respect to a judgment, including any enforcement action described in paragraph (5), and the compensation to be allowed to a guardian appointed in any such action shall be fixed by the court and shall be apportioned among the parties as follows: the petitioner shall be assessed in the amount the petitioner would have paid to collect on the judgment in an action not arising under the provisions of this subsection; the protected person shall be assessed the costs which are normally charged to debtors in similar actions and any other costs which are incurred as a result of an action brought under this subsection. In the event that the costs and compensation to the guardian are not met by the petitioner or by the protected person, the court may, in its discretion, enter judgment against the United States for costs and fees reasonably incurred as a result of the action brought under this subsection.
(7) No officer or employee of the Department of Justice shall in any way impede the efforts of a guardian appointed under this subsection to enforce the judgment with respect to which the guardian was appointed.
(c) The provisions of this section shall not apply to a court order to which
(Added
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b)(5), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3524. Child custody arrangements
(a) The Attorney General may not relocate any child in connection with protection provided to a person under this chapter if it appears that a person other than that protected person has legal custody of that child.
(b) Before protection is provided under this chapter to any person (1) who is a parent of a child of whom that person has custody, and (2) who has obligations to another parent of that child with respect to custody or visitation of that child under a court order, the Attorney General shall obtain and examine a copy of such order for the purpose of assuring that compliance with the order can be achieved. If compliance with a visitation order cannot be achieved, the Attorney General may provide protection under this chapter to the person only if the parent being relocated initiates legal action to modify the existing court order under subsection (e)(1) of this section. The parent being relocated must agree in writing before being provided protection to abide by any ensuing court orders issued as a result of an action to modify.
(c) With respect to any person provided protection under this chapter (1) who is the parent of a child who is relocated in connection with such protection and (2) who has obligations to another parent of that child with respect to custody or visitation of that child under a State court order, the Attorney General shall, as soon as practicable after the person and child are so relocated, notify in writing the child's parent who is not so relocated that the child has been provided protection under this chapter. The notification shall also include statements that the rights of the parent not so relocated to visitation or custody, or both, under the court order shall not be infringed by the relocation of the child and the Department of Justice responsibility with respect thereto. The Department of Justice will pay all reasonable costs of transportation and security incurred in insuring that visitation can occur at a secure location as designated by the United States Marshals Service, but in no event shall it be obligated to pay such costs for visitation in excess of thirty days a year, or twelve in number a year. Additional visitation may be paid for, in the discretion of the Attorney General, by the Department of Justice in extraordinary circumstances. In the event that the unrelocated parent pays visitation costs, the Department of Justice may, in the discretion of the Attorney General, extend security arrangements associated with such visitation.
(d)(1) With respect to any person provided protection under this chapter (A) who is the parent of a child who is relocated in connection with such protection and (B) who has obligations to another parent of that child with respect to custody or visitation of that child under a court order, an action to modify that court order may be brought by any party to the court order in the District Court for the District of Columbia or in the district court for the district in which the child's parent resides who has not been relocated in connection with such protection.
(2) With respect to actions brought under paragraph (1), the district courts shall establish a procedure to provide a reasonable opportunity for the parties to the court order to mediate their dispute with respect to the order. The court shall provide a mediator for this purpose. If the dispute is mediated, the court shall issue an order in accordance with the resolution of the dispute.
(3) If, within sixty days after an action is brought under paragraph (1) to modify a court order, the dispute has not been mediated, any party to the court order may request arbitration of the dispute. In the case of such a request, the court shall appoint a master to act as arbitrator, who shall be experienced in domestic relations matters. Rule 53 of the Federal Rules of Civil Procedure shall apply to masters appointed under this paragraph. The court and the master shall, in determining the dispute, give substantial deference to the need for maintaining parent-child relationships, and any order issued by the court shall be in the best interests of the child. In actions to modify a court order brought under this subsection, the court and the master shall apply the law of the State in which the court order was issued or, in the case of the modification of a court order issued by a district court under this section, the law of the State in which the parent resides who was not relocated in connection with the protection provided under this chapter. The costs to the Government of carrying out a court order may be considered in an action brought under this subsection to modify that court order but shall not outweigh the relative interests of the parties themselves and the child.
(4) Until a court order is modified under this subsection, all parties to that court order shall comply with their obligations under that court order subject to the limitations set forth in subsection (c) of this section.
(5) With respect to any person provided protection under this chapter who is the parent of a child who is relocated in connection with such protection, the parent not relocated in connection with such protection may bring an action, in the District Court for the District of Columbia or in the district court for the district in which that parent resides, for violation by that protected person of a court order with respect to custody or visitation of that child. If the court finds that such a violation has occurred, the court may hold in contempt the protected person. Once held in contempt, the protected person shall have a maximum of sixty days, in the discretion of the Attorney General, to comply with the court order. If the protected person fails to comply with the order within the time specified by the Attorney General, the Attorney General shall disclose the new identity and address of the protected person to the other parent and terminate any financial assistance to the protected person unless otherwise directed by the court.
(6) The United States shall be required by the court to pay litigation costs, including reasonable attorneys' fees, incurred by a parent who prevails in enforcing a custody or visitation order; but shall retain the right to recover such costs from the protected person.
(e)(1) In any case in which the Attorney General determines that, as a result of the relocation of a person and a child of whom that person is a parent in connection with protection provided under this chapter, the implementation of a court order with respect to custody or visitation of that child would be substantially impossible, the Attorney General may bring, on behalf of the person provided protection under this chapter, an action to modify the court order. Such action may be brought in the district court for the district in which the parent resides who would not be or was not relocated in connection with the protection provided under this chapter. In an action brought under this paragraph, if the Attorney General establishes, by clear and convincing evidence, that implementation of the court order involved would be substantially impossible, the court may modify the court order but shall, subject to appropriate security considerations, provide an alternative as substantially equivalent to the original rights of the nonrelocating parent as feasible under the circumstances.
(2) With respect to any State court order in effect to which this section applies, and with respect to any district court order in effect which is issued under this section, if the parent who is not relocated in connection with protection provided under this chapter intentionally violates a reasonable security requirement imposed by the Attorney General with respect to the implementation of that court order, the Attorney General may bring an action in the district court for the district in which that parent resides to modify the court order. The court may modify the court order if the court finds such an intentional violation.
(3) The procedures for mediation and arbitration provided under subsection (d) of this section shall not apply to actions for modification brought under this subsection.
(f) In any case in which a person provided protection under this chapter is the parent of a child of whom that person has custody and has obligations to another parent of that child concerning custody and visitation of that child which are not imposed by court order, that person, or the parent not relocated in connection with such protection, may bring an action in the district court of the district in which that parent not relocated resides to obtain an order providing for custody or visitation, or both, of that child. In any such action, all the provisions of subsection (d) of this section shall apply.
(g) In any case in which an action under this section involves court orders from different States with respect to custody or visitation of the same child, the court shall resolve any conflicts by applying the rules of conflict of laws of the State in which the court is sitting.
(h)(1) Subject to paragraph (2), the costs of any action described in subsection (d), (e), or (f) of this section shall be paid by the United States.
(2) The Attorney General shall insure that any State court order in effect to which this section applies and any district court order in effect which is issued under this section are carried out. The Department of Justice shall pay all costs and fees described in subsections (c) and (d) of this section.
(i) As used in this section, the term "parent" includes any person who stands in the place of a parent by law.
(Added
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in
§3525. Victims Compensation Fund
(a) The Attorney General may pay restitution to, or in the case of death, compensation for the death of any victim of a crime that causes or threatens death or serious bodily injury and that is committed by any person during a period in which that person is provided protection under this chapter.
(b) Not later than four months after the end of each fiscal year, the Attorney General shall transmit to the Congress a detailed report on payments made under this section for such year.
(c) There are authorized to be appropriated for the fiscal year 1985 and for each fiscal year thereafter, $1,000,000 for payments under this section.
(d) The Attorney General shall establish guidelines and procedures for making payments under this section. The payments to victims under this section shall be made for the types of expenses provided for in section 3579(b) 1 of this title, except that in the case of the death of the victim, an amount not to exceed $50,000 may be paid to the victim's estate. No payment may be made under this section to a victim unless the victim has sought restitution and compensation provided under Federal or State law or by civil action. Such payments may be made only to the extent the victim, or the victim's estate, has not otherwise received restitution and compensation, including insurance payments, for the crime involved. Payments may be made under this section to victims of crimes occurring on or after the date of the enactment of this chapter.1 In the case of a crime occurring before the date of the enactment of this chapter,1 a payment may be made under this section only in the case of the death of the victim, and then only in an amount not exceeding $25,000, and such a payment may be made notwithstanding the requirements of the third sentence of this subsection.
(e) Nothing in this section shall be construed to create a cause of action against the United States.
(Added
References in Text
The date of the enactment of this chapter, referred to in subsec. (d), is the date of enactment of
Restitution to Estate of Victims Killed Before October 12, 1984; Limitation
Similar Provisions
Similar provisions were contained in the following prior appropriation act:
1 See References in Text note below.
§3526. Cooperation of other Federal agencies and State governments; reimbursement of expenses
(a) Each Federal agency shall cooperate with the Attorney General in carrying out the provisions of this chapter and may provide, on a reimbursable basis, such personnel and services as the Attorney General may request in carrying out those provisions.
(b) In any case in which a State government requests the Attorney General to provide protection to any person under this chapter—
(1) the Attorney General may enter into an agreement with that State government in which that government agrees to reimburse the United States for expenses incurred in providing protection to that person under this chapter; and
(2) the Attorney General shall enter into an agreement with that State government in which that government agrees to cooperate with the Attorney General in carrying out the provisions of this chapter with respect to all persons.
(Added
§3527. Additional authority of Attorney General
The Attorney General may enter into such contracts or other agreements as may be necessary to carry out this chapter. Any such contract or agreement which would result in the United States being obligated to make outlays may be entered into only to the extent and in such amount as may be provided in advance in an appropriation Act.
(Added
§3528. Definition
For purposes of this chapter, the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(Added
CHAPTER 225 —VERDICT
§3531. Return; several defendants; conviction of less offense; poll of jury—(Rule)
See Federal Rules of Criminal Procedure
Verdict to be unanimous; return; several defendants; disagreement; conviction of less offense; poll of jury, Rule 31.
(June 25, 1948, ch. 645,
§3532. Setting aside verdict of guilty; judgment notwithstanding verdict—(Rule)
See Federal Rules of Criminal Procedure
Setting aside verdict of guilty on motion for judgment of acquittal, entering of such judgment, or ordering new trial; absence of verdict, Rule 29(b).
(June 25, 1948, ch. 645,
CHAPTER 227 —SENTENCES
Prior Provisions
A prior
Section 3561, act June 25, 1948, ch. 645,
Section 3562, act June 25, 1948, ch. 645,
Section 3563, act June 25, 1948, ch. 645,
Section 3564, act June 25, 1948, ch. 645,
Section 3565, acts June 25, 1948, ch. 645,
Section 3566, act June 25, 1948, ch. 645,
Section 3567, act June 25, 1948, ch. 645,
Section 3568, acts June 25, 1948, ch. 645,
Section 3569, acts June 25, 1948, ch. 645,
Section 3570, act June 25, 1948, ch. 645,
Section 3571, act June 25, 1948, ch. 645,
Section 3572, act June 25, 1948, ch. 645,
Section 3573, act June 25, 1948, ch. 645,
Section 3574, act June 25, 1948, ch. 645,
Section 3575, added
Section 3576, added
Section 3577 renumbered
Section 3578 renumbered
Section 3579 renumbered
Section 3580 renumbered
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER A—GENERAL PROVISIONS
SUBCHAPTER A—GENERAL PROVISIONS 1
Amendments
1994—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
§3551. Authorized sentences
(a)
(b)
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
(c)
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
(Added
References in Text
Acts of Congress applicable exclusively in the District of Columbia, referred to in subsec. (a), are classified generally to the District of Columbia Code.
The Uniform Code of Military Justice, referred to in subsec. (a), is classified generally to
Amendments
1990—Subsec. (a).
Effective Date; Savings Provision
Section 235 of chapter II (§§211–239) of title II of
"(a)(1) This chapter [see Tables for classification] shall take effect on the first day of the first calendar month beginning 36 months after the date of enactment [Oct. 12, 1984] and shall apply only to offenses committed after the taking effect of this chapter, except that—
"(A) the repeal of
"(B)(i)
"(ii) the sentencing guidelines promulgated pursuant to section 994(a)(1) shall not go into effect until—
"(I) the United States Sentencing Commission has submitted the initial set of sentencing guidelines to the Congress pursuant to subparagraph (B)(i), along with a report stating the reasons for the Commission's recommendations;
"(II) the General Accounting Office has undertaken a study of the guidelines, and their potential impact in comparison with the operation of the existing sentencing and parole release system, and has, within one hundred and fifty days of submission of the guidelines, reported to the Congress the results of its study; and
"(III) the day after the Congress has had six months after the date described in subclause (I) in which to examine the guidelines and consider the reports; and
"(IV) section 212(a)(2) [enacting chapters 227 and 229 of this title and repealing former chapters 227, 229, and 231 of this title] takes effect, in the case of the initial sentencing guidelines so promulgated.
"(2) For the purposes of
"(b)(1) The following provisions of law in effect on the day before the effective date of this Act shall remain in effect for five years after the effective date as to an individual who committed an offense or an act of juvenile delinquency before the effective date and as to a term of imprisonment during the period described in subsection (a)(1)(B):
"(A)
"(B)
"(C)
"(D)
"(E)
"(F) The maximum term of imprisonment in effect on the effective date for an offense committed before the effective date.
"(G) Any other law relating to a violation of a condition of release or to arrest authority with regard to a person who violates a condition of release.
"[(2) Repealed.
"(3) The United States Parole Commission shall set a release date, for an individual who will be in its jurisdiction the day before the expiration of five years after the effective date of this Act, pursuant to
"(4) Notwithstanding the other provisions of this subsection, all laws in effect on the day before the effective date of this Act pertaining to an individual who is—
"(A) released pursuant to a provision listed in paragraph (1); and
"(B)(i) subject to supervision on the day before the expiration of the five-year period following the effective date of this Act; or
"(ii) released on a date set pursuant to paragraph (3);
including laws pertaining to terms and conditions of release, revocation of release, provision of counsel, and payment of transportation costs, shall remain in effect as to the individual until the expiration of his sentence, except that the district court shall determine, in accord with the Federal Rules of Criminal Procedure, whether release should be revoked or the conditions of release amended for violation of a condition of release.
"(5) Notwithstanding the provisions of
[
[For purposes of section 235(b) of
[
Short Title of 1996 Amendment
Short Title of 1987 Amendment
Short Title of 1985 Amendment
Short Title
Section 211 of chapter II (§§211–239) of title II of
Mandatory Victim Restitution; Promulgation of Regulations by Attorney General
"(1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all victims of all charges contained in the indictment or information, without regard to the counts to which the defendant actually pleaded; and
"(2) orders of restitution made pursuant to the amendments made by this subtitle are enforced to the fullest extent of the law."
Sentencing of Nonviolent and Nonserious Offenders; Sense of Congress
Section 239 of
"Since, due to an impending crisis in prison overcrowding, available Federal prison space must be treated as a scarce resource in the sentencing of criminal defendants;
"Since, sentencing decisions should be designed to ensure that prison resources are, first and foremost, reserved for those violent and serious criminal offenders who pose the most dangerous threat to society;
"Since, in cases of nonviolent and nonserious offenders, the interests of society as a whole as well as individual victims of crime can continue to be served through the imposition of alternative sentences, such as restitution and community service;
"Since, in the two years preceding the enactment of sentencing guidelines, Federal sentencing practice should ensure that scarce prison resources are available to house violent and serious criminal offenders by the increased use of restitution, community service, and other alternative sentences in cases of nonviolent and nonserious offenders: Now, therefore, be it
"Declared, That it is the sense of the Senate that in the two years preceding the enactment of the sentencing guidelines, Federal judges, in determining the particular sentence to be imposed, consider—
"(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
"(2) the general appropriateness of imposing a sentence other than imprisonment in cases in which the defendant has not been convicted of a crime of violence or otherwise serious offense; and
"(3) the general appropriateness of imposing a sentence of imprisonment in cases in which the defendant has been convicted of a crime of violence or otherwise serious offense."
Act Referred to in Other Sections
The Sentencing Reform Act of 1984 is referred to in title 16 section 460ddd.
Section Referred to in Other Sections
This section is referred to in
§3552. Presentence reports
(a)
(b)
(c)
(d)
(Added
Amendments
1990—Subsec. (d).
1986—Subsec. (b).
Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 7(b) of
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
Use of Certain Technology To Facilitate Criminal Conduct
"(a)
"(b)
"(1) compile and analyze any information contained in documentation described in subsection (a) relating to the use of encryption or scrambling technology to facilitate or conceal criminal conduct; and
"(2) based on the information compiled and analyzed under paragraph (1), annually report to the Congress on the nature and extent of the use of encryption or scrambling technology to facilitate or conceal criminal conduct."
Section Referred to in Other Sections
This section is referred to in
§3553. Imposition of a sentence
(a)
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed—
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for—
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines issued by the Sentencing Commission pursuant to
(B) in the case of a violation of probation or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.
(b)
(c)
(1) is of the kind, and within the range, described in subsection (a)(4), and that range exceeds 24 months, the reason for imposing a sentence at a particular point within the range; or
(2) is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for the imposition of a sentence different from that described.
If the court does not order restitution, or orders only partial restitution, the court shall include in the statement the reason therefor. The court shall provide a transcription or other appropriate public record of the court's statement of reasons to the Probation System, and, if the sentence includes a term of imprisonment, to the Bureau of Prisons.
(d)
(1) permit the defendant and the Government to submit affidavits and written memoranda addressing matters relevant to the imposition of such an order;
(2) afford counsel an opportunity in open court to address orally the appropriateness of the imposition of such an order; and
(3) include in its statement of reasons pursuant to subsection (c) specific reasons underlying its determinations regarding the nature of such an order.
Upon motion of the defendant or the Government, or on its own motion, the court may in its discretion employ any additional procedures that it concludes will not unduly complicate or prolong the sentencing process.
(e)
(f)
(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;
(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
(3) the offense did not result in death or serious bodily injury to any person;
(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and
(5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
(Added
References in Text
Section 408 of the Controlled Substances Act, referred to in subsec. (f)(4), is classified to
Amendments
1996—Subsec. (f).
Subsec. (f)(4).
1994—Subsec. (a)(4).
Subsec. (f).
1988—Subsec. (c).
1987—Subsec. (b).
Subsec. (c)(1).
1986—Subsec. (a)(7).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1994 Amendment
Section 80001(c) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendments
Section 8(c) of
Section 9(b) of
Section 80(b) of
Section 81(b) of
Section 1007(b) of
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
Authority To Lower a Sentence Below Statutory Minimum for Old Offenses
Section 24 of
"(1)
"(2) rule 35(b) of the Federal Rules of Criminal Procedure as amended by section 215(b) of such Act [set out in the Appendix to this title]; and
"(3) rule 35(b) as in effect before the taking effect of the initial set of guidelines promulgated by the United States Sentencing Commission pursuant to
shall apply in the case of an offense committed before the taking effect of such guidelines."
Section Referred to in Other Sections
This section is referred to in
§3554. Order of criminal forfeiture
The court, in imposing a sentence on a defendant who has been found guilty of an offense described in
(Added
References in Text
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in text, is
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
Section Referred to in Other Sections
This section is referred to in
§3555. Order of notice to victims
The court, in imposing a sentence on a defendant who has been found guilty of an offense involving fraud or other intentionally deceptive practices, may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant give reasonable notice and explanation of the conviction, in such form as the court may approve, to the victims of the offense. The notice may be ordered to be given by mail, by advertising in designated areas or through designated media, or by other appropriate means. In determining whether to require the defendant to give such notice, the court shall consider the factors set forth in section 3553(a) to the extent that they are applicable and shall consider the cost involved in giving the notice as it relates to the loss caused by the offense, and shall not require the defendant to bear the costs of notice in excess of $20,000.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§3556. Order of restitution
The court, in imposing a sentence on a defendant who has been found guilty of an offense shall order restitution in accordance with section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section.
(Added
Amendments
1996—
1986—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 20(c) of
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
Section Referred to in Other Sections
This section is referred to in
§3557. Review of a sentence
The review of a sentence imposed pursuant to section 3551 is governed by the provisions of section 3742.
(Added
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
§3558. Implementation of a sentence
The implementation of a sentence imposed pursuant to section 3551 is governed by the provisions of
(Added
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
§3559. Sentencing classification of offenses
(a)
(1) life imprisonment, or if the maximum penalty is death, as a Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C felony;
(4) less than ten years but five or more years, as a Class D felony;
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A misdemeanor;
(7) six months or less but more than thirty days, as a Class B misdemeanor;
(8) thirty days or less but more than five days, as a Class C misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an infraction.
(b)
(c)
(1)
(A) the person has been convicted (and those convictions have become final) on separate prior occasions in a court of the United States or of a State of—
(i) 2 or more serious violent felonies; or
(ii) one or more serious violent felonies and one or more serious drug offenses; and
(B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense.
(2)
(A) the term "assault with intent to commit rape" means an offense that has as its elements engaging in physical contact with another person or using or brandishing a weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242);
(B) the term "arson" means an offense that has as its elements maliciously damaging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive;
(C) the term "extortion" means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person;
(D) the term "firearms use" means an offense that has as its elements those described in section 924(c) or 929(a), if the firearm was brandished, discharged, or otherwise used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was used was subject to prosecution in a court of the United States or a court of a State, or both;
(E) the term "kidnapping" means an offense that has as its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force;
(F) the term "serious violent felony" means—
(i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111); manslaughter other than involuntary manslaughter (as described in section 1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242); abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)); kidnapping; aircraft piracy (as described in
(ii) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense;
(G) the term "State" means a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States; and
(H) the term "serious drug offense" means—
(i) an offense that is punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (
(ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(A) or 408 of the Controlled Substances Act (
(3)
(A)
(i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and
(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person.
(B)
(i) the offense posed no threat to human life; and
(ii) the defendant reasonably believed the offense posed no threat to human life.
(4)
(5)
(6)
(7)
(d)
(1)
(A) the victim of the offense has not attained the age of 14 years;
(B) the victim dies as a result of the offense; and
(C) the defendant, in the course of the offense, engages in conduct described in section 3591(a)(2).
(2)
(Added
Amendments
1998—Subsec. (c)(2)(F)(i).
Subsec. (d).
1994—Subsec. (b).
Subsec. (c).
1988—Subsec. (a).
"(1) if the maximum term of imprisonment authorized is—".
Subsec. (a)(1) to (9).
1987—Subsec. (b).
"(1) the maximum fine that may be imposed is the fine authorized by the statute describing the offense, or by this chapter, whichever is the greater; and
"(2) the maximum term of imprisonment is the term authorized by the statute describing the offense."
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
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER B—PROBATION
SUBCHAPTER B—PROBATION 1
Amendments
1994—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
§3561. Sentence of probation
(a)
(1) the offense is a Class A or Class B felony and the defendant is an individual;
(2) the offense is an offense for which probation has been expressly precluded; or
(3) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense.
(b)
(c)
(1) for a felony, not less than one nor more than five years;
(2) for a misdemeanor, not more than five years; and
(3) for an infraction, not more than one year.
(Added
Prior Provisions
For a prior section 3561, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—Subsec. (b).
1994—Subsec. (a)(3).
Subsecs. (b), (c).
1987—Subsec. (a)(1).
1986—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 10(b) of
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
Section Referred to in Other Sections
This section is referred to in
§3562. Imposition of a sentence of probation
(a)
(b)
(1) modified or revoked pursuant to the provisions of section 3564 or 3565;
(2) corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), are set out in the Appendix to this title.
Prior Provisions
For a prior section 3562, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1990—Subsec. (b)(2).
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
§3563. Conditions of probation
(a)
(1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation;
(2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2), (b)(3), or (b)(13), unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b);
(3) for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance;
(4) for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant;
(5) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant;
(6) that the defendant—
(A) make restitution in accordance with sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and
(B) pay the assessment imposed in accordance with section 3013;
(7) that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, fines, or special assessments; and
(8) for a person described in section 4042(c)(4), that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994).
If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation.
(b)
(1) support his dependents and meet other family responsibilities;
(2) make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A));
(3) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555;
(4) work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment;
(5) refrain, in the case of an individual, from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances;
(6) refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons;
(7) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (
(8) refrain from possessing a firearm, destructive device, or other dangerous weapon;
(9) undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, as specified by the court, and remain in a specified institution if required for that purpose;
(10) remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of probation;
(11) reside at, or participate in the program of, a community corrections facility (including a facility maintained or under contract to the Bureau of Prisons) for all or part of the term of probation;
(12) work in community service as directed by the court;
(13) reside in a specified place or area, or refrain from residing in a specified place or area;
(14) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;
(15) report to a probation officer as directed by the court or the probation officer;
(16) permit a probation officer to visit him at his home or elsewhere as specified by the court;
(17) answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment;
(18) notify the probation officer promptly if arrested or questioned by a law enforcement officer;
(19) remain at his place of residence during nonworking hours and, if the court finds it appropriate, that compliance with this condition be monitored by telephonic or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration;
(20) comply with the terms of any court order or order of an administrative process pursuant to the law of a State, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of a child or of a child and the parent with whom the child is living;
(21) be ordered deported by a United States district court, or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 238(d)(5) of the Immigration and Nationality Act, except that, in the absence of a stipulation, the United States district court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable; or
(22) satisfy such other conditions as the court may impose.
(c)
(d)
(e)
(Added
References in Text
Section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (a)(8), is classified to
Section 238(d)(5) of the Immigration and Nationality Act, referred to in subsec. (b)(21), is classified to
The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.
Prior Provisions
For a prior section 3563, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1997—Subsec. (a).
Subsec. (a)(6), (7).
Subsec. (a)(8).
Subsec. (e).
1996—Subsec. (a)(3) to (5).
Subsec. (a)(6), (7).
Subsec. (b)(2).
Subsec. (b)(3) to (20).
Subsec. (b)(21).
Subsec. (b)(22).
1994—Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
1992—Subsec. (b)(21), (22).
1990—Subsec. (a).
Subsec. (b)(3).
1988—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(3).
Subsec. (b)(20), (21).
1987—Subsec. (b)(12).
Subsec. (c).
1986—Subsec. (b)(11).
Subsec. (c).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendments
Amendment by section 308(g)(10)(E) of
Amendment by
Effective Date of 1988 Amendment
Section 7303(d) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 11(b) of
Section 12(c)(1) of
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
Section Referred to in Other Sections
This section is referred to in
§3564. Running of a term of probation
(a)
(b)
(c)
(d)
(e)
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.
Prior Provisions
For a prior section 3564, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1987—Subsec. (c).
1986—Subsec. (b).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 13(b) of
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
Section Referred to in Other Sections
This section is referred to in
§3565. Revocation of probation
(a)
(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)
(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
(3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4),1
the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.
(c)
(Added
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 section 20414(b)(3) of
Prior Provisions
For a prior section 3565, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1994—Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
"(b)
1990—Subsec. (a)(1).
1988—Subsec. (a).
Subsecs. (b), (c).
Effective Date of 1988 Amendment
Amendment by section 7303(a)(2) of
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3566. Implementation of a sentence of probation
The implementation of a sentence of probation is governed by the provisions of subchapter A of
(Added
Prior Provisions
For prior sections 3566 to 3570, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
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
SUBCHAPTER C—FINES
SUBCHAPTER C—FINES 1
Amendments
1994—
1990—
1987—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
§3571. Sentence of fine
(a)
(b)
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or
(7) for an infraction, not more than $5,000.
(c)
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more than $200,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and
(7) for an infraction, not more than $10,000.
(d)
(e)
(Added
Prior Provisions
For a prior section 3571, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
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
Section Referred to in Other Sections
This section is referred to in
§3572. Imposition of a sentence of fine and related matters
(a)
(1) the defendant's income, earning capacity, and financial resources;
(2) the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose;
(3) any pecuniary loss inflicted upon others as a result of the offense;
(4) whether restitution is ordered or made and the amount of such restitution;
(5) the need to deprive the defendant of illegally obtained gains from the offense;
(6) the expected costs to the government of any imprisonment, supervised release, or probation component of the sentence;
(7) whether the defendant can pass on to consumers or other persons the expense of the fine; and
(8) if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any officer, director, employee, or agent of the organization responsible for the offense and to prevent a recurrence of such an offense.
(b)
(c)
(1) modified or remitted under section 3573;
(2) corrected under rule 35 of the Federal Rules of Criminal Procedure and section 3742; or
(3) appealed and modified under section 3742;
a judgment that includes such a sentence is a final judgment for all other purposes.
(d)
(2) If the judgment, or, in the case of a restitution order, the order, permits other than immediate payment, the length of time over which scheduled payments will be made shall be set by the court, but shall be the shortest time in which full payment can reasonably be made.
(3) A judgment for a fine which permits payments in installments shall include a requirement that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay the fine. Upon receipt of such notice the court may, on its own motion or the motion of any party, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.
(e)
(f)
(g)
(1) require the defendant to deposit, in the registry of the district court, any amount of the fine that is due;
(2) require the defendant to provide a bond or other security to ensure payment of the fine; or
(3) restrain the defendant from transferring or dissipating assets.
(h)
(i)
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), are set out in the Appendix to this title.
Prior Provisions
For a prior section 3572, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—Subsec. (b).
Subsec. (d).
Subsec. (d)(2), (3).
Subsec. (f).
Subsec. (h).
Subsec. (i).
1994—Subsec. (a)(6) to (8).
1990—Subsec. (c)(2).
1987—
Effective Date of 1996 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
§3573. Petition of the Government for modification or remission
Upon petition of the Government showing that reasonable efforts to collect a fine or assessment are not likely to be effective, the court may, in the interest of justice—
(1) remit all or part of the unpaid portion of the fine or special assessment, including interest and penalties;
(2) defer payment of the fine or special assessment to a date certain or pursuant to an installment schedule; or
(3) extend a date certain or an installment schedule previously ordered.
A petition under this subsection shall be filed in the court in which sentence was originally imposed, unless the court transfers jurisdiction to another court. This section shall apply to all fines and assessments irrespective of the date of imposition.
(Added
Prior Provisions
For a prior section 3573, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1988—
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
Section Referred to in Other Sections
This section is referred to in
§3574. Implementation of a sentence of fine
The implementation of a sentence to pay a fine is governed by the provisions of subchapter B of
(Added
Prior Provisions
For prior sections 3574 to 3580, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
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
SUBCHAPTER D—IMPRISONMENT
SUBCHAPTER D—IMPRISONMENT 1
Amendments
1994—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
§3581. Sentence of imprisonment
(a)
(b)
(1) for a Class A felony, the duration of the defendant's life or any period of time;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twelve years;
(4) for a Class D felony, not more than six years;
(5) for a Class E felony, not more than three years;
(6) for a Class A misdemeanor, not more than one year;
(7) for a Class B misdemeanor, not more than six months;
(8) for a Class C misdemeanor, not more than thirty days; and
(9) for an infraction, not more than five days.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§3582. Imposition of a sentence of imprisonment
(a)
(b)
(1) modified pursuant to the provisions of subsection (c);
(2) corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes.
(c)
(1) in any case—
(A) the court, upon motion of the Director of the Bureau of Prisons, may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that—
(i) extraordinary and compelling reasons warrant such a reduction; or
(ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g);
and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and
(B) the court may modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to
(d)
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), are set out in the Appendix to this title.
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in subsec. (d), is
Amendments
1996—Subsec. (c)(1)(A)(i).
1994—Subsec. (c)(1)(A).
1990—Subsec. (b)(2).
1988—Subsec. (c)(2).
Effective Date of 1996 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in title 28 section 994.
§3583. Inclusion of a term of supervised release after imprisonment
(a)
(b)
(1) for a Class A or Class B felony, not more than five years;
(2) for a Class C or Class D felony, not more than three years; and
(3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year.
(c)
(d)
(1) is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);
(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)(B), (a)(2)(C), and (a)(2)(D); and
(3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to
any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20),1 and any other condition it considers to be appropriate. If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation.
(e)
(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;
(2) extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;
(3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or
(4) order the defendant to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.
(f)
(g)
(1) possesses a controlled substance in violation of the condition set forth in subsection (d);
(2) possesses a firearm, as such term is defined in
(3) refuses to comply with drug testing imposed as a condition of supervised release;
the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3).
(h)
(i)
(Added
References in Text
Section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (d), is classified to
Section 3563(a)(4), referred to in subsec. (d), probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of
Section 3563(b), referred to in subsec. (d), was amended by
The Federal Rules of Criminal Procedure, referred to in subsec. (e)(1), (2), (3), are set out in the Appendix to this title.
Amendments
1997—Subsec. (d).
1994—Subsec. (a).
Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (e)(4).
Subsecs. (g) to (i).
"(g)
1990—Subsec. (d)(2).
Subsec. (e)(2) to (5).
1988—Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (e).
Subsec. (e)(2).
Subsec. (e)(3).
Subsec. (e)(4).
Subsec. (e)(5).
Subsec. (g).
1987—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(4).
1986—Subsec. (a).
Subsec. (b).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(4).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 7303(b) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendments
Section 14(b) of
Section 1006(a)(4) of
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3584. Multiple sentences of imprisonment
(a)
(b)
(c)
(Added
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
§3585. Calculation of a term of imprisonment
(a)
(b)
(1) as a result of the offense for which the sentence was imposed; or
(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed;
that has not been credited against another sentence.
(Added
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
§3586. Implementation of a sentence of imprisonment
The implementation of a sentence of imprisonment is governed by the provisions of subchapter C of
(Added
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
CHAPTER 228 —DEATH SENTENCE
Prior Provisions
A prior
§3591. Sentence of death
(a) A defendant who has been found guilty of—
(1) an offense described in section 794 or section 2381; or
(2) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593—
(A) intentionally killed the victim;
(B) intentionally inflicted serious bodily injury that resulted in the death of the victim;
(C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or
(D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.
(b) A defendant who has been found guilty of—
(1) an offense referred to in section 408(c)(1) of the Controlled Substances Act (
(2) an offense referred to in section 408(c)(1) of the Controlled Substances Act (
shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.
(Added
Short Title
Section 60001 of title VI of
Applicability to Uniform Code of Military Justice
Section 60004 of title VI of
Section Referred to in Other Sections
This section is referred to in
§3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(b)
(1)
(2)
(3)
The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists.
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(A) the President of the United States, the President-elect, the Vice President, the Vice President-elect, the Vice President-designate, or, if there is no Vice President, the officer next in order of succession to the office of the President of the United States, or any person who is acting as President under the Constitution and laws of the United States;
(B) a chief of state, head of government, or the political equivalent, of a foreign nation;
(C) a foreign official listed in section 1116(b)(3)(A), if the official is in the United States on official business; or
(D) a Federal public servant who is a judge, a law enforcement officer, or an employee of a United States penal or correctional institution—
(i) while he or she is engaged in the performance of his or her official duties;
(ii) because of the performance of his or her official duties; or
(iii) because of his or her status as a public servant.
For purposes of this subparagraph, a "law enforcement officer" is a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, or prosecution or adjudication of an offense, and includes those engaged in corrections, parole, or probation functions.
(15)
(16)
The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists.
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists.
(Added and amended
References in Text
The Comprehensive Drug Abuse Prevention and Control Act of 1970, referred to in subsec. (c)(12), is
Amendments
1996—Subsec. (c)(1).
Subsec. (c)(12).
Subsec. (c)(16).
1994—Subsec. (c)(1).
Effective Date of 1996 Amendment
Amendment by section 604(b)(35) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be section "37".
§3593. Special hearing to determine whether a sentence of death is justified
(a)
(1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and
(2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death.
The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim's family, and may include oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. The court may permit the attorney for the government to amend the notice upon a showing of good cause.
(b)
(1) before the jury that determined the defendant's guilt;
(2) before a jury impaneled for the purpose of the hearing if—
(A) the defendant was convicted upon a plea of guilty;
(B) the defendant was convicted after a trial before the court sitting without a jury;
(C) the jury that determined the defendant's guilt was discharged for good cause; or
(D) after initial imposition of a sentence under this section, reconsideration of the sentence under this section is necessary; or
(3) before the court alone, upon the motion of the defendant and with the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members, unless, at any time before the conclusion of the hearing, the parties stipulate, with the approval of the court, that it shall consist of a lesser number.
(c)
(d)
(e)
(1) an offense described in section 3591(a)(1), an aggravating factor required to be considered under section 3592(b) is found to exist;
(2) an offense described in section 3591(a)(2), an aggravating factor required to be considered under section 3592(c) is found to exist; or
(3) an offense described in section 3591(b), an aggravating factor required to be considered under section 3592(d) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all the aggravating factor or factors found to exist sufficiently outweigh all the mitigating factor or factors found to exist to justify a sentence of death, or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall recommend whether the defendant should be sentenced to death, to life imprisonment without possibility of release or some other lesser sentence.
(f)
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.
Amendments
1997—Subsec. (c).
Effective Date of 1997 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "32(b)".
§3594. Imposition of a sentence of death
Upon a recommendation under section 3593(e) that the defendant should be sentenced to death or life imprisonment without possibility of release, the court shall sentence the defendant accordingly. Otherwise, the court shall impose any lesser sentence that is authorized by law. Notwithstanding any other law, if the maximum term of imprisonment for the offense is life imprisonment, the court may impose a sentence of life imprisonment without possibility of release.
(Added
§3595. Review of a sentence of death
(a)
(b)
(1) the evidence submitted during the trial;
(2) the information submitted during the sentencing hearing;
(3) the procedures employed in the sentencing hearing; and
(4) the special findings returned under section 3593(d).
(c)
(1) The court of appeals shall address all substantive and procedural issues raised on the appeal of a sentence of death, and shall consider whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of an aggravating factor required to be considered under section 3592.
(2) Whenever the court of appeals finds that—
(A) the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
(B) the admissible evidence and information adduced does not support the special finding of the existence of the required aggravating factor; or
(C) the proceedings involved any other legal error requiring reversal of the sentence that was properly preserved for appeal under the rules of criminal procedure,
the court shall remand the case for reconsideration under section 3593 or imposition of a sentence other than death. The court of appeals shall not reverse or vacate a sentence of death on account of any error which can be harmless, including any erroneous special finding of an aggravating factor, where the Government establishes beyond a reasonable doubt that the error was harmless.
(3) The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section.
(Added
§3596. Implementation of a sentence of death
(a)
(b)
(c)
(Added
§3597. Use of State facilities
(a)
(b)
(Added
§3598. Special provisions for Indian country
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
(Added
CHAPTER 229 —POSTSENTENCE ADMINISTRATION
Prior Provisions
A prior
Section 3611 renumbered
Section 3612 renumbered
Section 3613, act June 25, 1948, ch. 645,
Section 3614, act June 25, 1948, ch. 645,
Section 3615 renumbered
Section 3616, act June 25, 1948, ch. 645,
Section 3617 renumbered
Section 3618 renumbered
Section 3619 renumbered
Section 3620 renumbered
Section 3621, added
Section 3622, added
Section 3623, added
Section 3624, added
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER A—PROBATION
SUBCHAPTER A—PROBATION 1
Amendments
1994—
1990—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
§3601. Supervision of probation
A person who has been sentenced to probation pursuant to the provisions of subchapter B of
(Added
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
Short Title of 1996 Amendment
§3602. Appointment of probation officers
(a)
(b)
(c)
(Added
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
§3603. Duties of probation officers
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
(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.
(Added
Amendments
1996—Pars. (9), (10).
1992—Pars. (8), (9).
1986—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 15(b) of
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
§3604. Transportation of a probationer
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.
(Added
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
§3605. Transfer of jurisdiction over a probationer
A court, after imposing a sentence, may transfer jurisdiction over a probationer or person on supervised 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
(Added
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
§3606. Arrest and return of a probationer
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.
(Added
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
§3607. Special probation and expungement procedures for drug possessors
(a)
(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)
(c)
(Added
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
Section Referred to in Other Sections
This section is referred to in title 21 section 841.
§3608. Drug testing of Federal offenders on post-conviction release
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
(Added
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
1 See References in Text note below.
SUBCHAPTER B—FINES
SUBCHAPTER B—FINES 1
Amendments
1996—
1994—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
2 So in original. Does not conform to section catchline.
§3611. Payment of a fine or restitution
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
(Added
Prior Provisions
For a prior section 3611, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—
1990—
1987—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1987 Amendment
Section 10(b) of
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
Receipt of Fines—Interim Provisions
Section 9 of
"(a)
"(b)
"(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
"(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."
§3612. Collection of unpaid fine or restitution
(a)
(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
(b)
(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)
(1) A penalty assessment under
(2) Restitution of all victims.
(3) All other fines, penalties, costs, and other payments required under the sentence.
(d)
(e)
(f)
(1)
(2)
(A) daily (from the first day on which the defendant is liable for interest under paragraph (1)); and
(B) at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled before the first day on which the defendant is liable for interest under paragraph (1).
(3)
(A) waive the requirement for interest;
(B) limit the total of interest payable to a specific dollar amount; or
(C) limit the length of the period during which interest accrues.
(g)
(h)
(i)
(Added
Prior Provisions
For a prior section 3612, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—
Subsec. (b)(1).
Subsec. (b)(1)(C).
Subsec. (b)(1)(E).
Subsec. (b)(1)(F).
Subsec. (b)(1)(G).
Subsec. (c).
"(1) A penalty assessment under
"(2) Restitution of all victims.
"(3) All other fines, penalties, costs, and other payments required under the sentence."
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (g).
Subsec. (i).
1990—Subsec. (a).
1988—Subsec. (d).
Subsec. (e).
Subsec. (h).
1987—Subsec. (a).
Subsec. (b).
"(1) the name of the person fined;
"(2) his current address;
"(3) the docket number of the case;
"(4) the amount of the fine imposed;
"(5) any installment schedule;
"(6) the nature of any modification or remission of the fine or installment schedule; and
"(7) the amount of the fine that is due and unpaid."
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g) to (i).
Effective Date of 1996 Amendment
Amendment by
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
Collection of Outstanding Fines
Section 237 of
"(a)(1) Except as provided in paragraph (2), for each criminal fine for which the unpaid balance exceeds $100 as of the effective date of this Act [see section 235 of
"(A) pay the fine in full;
"(B) specify, and demonstrate compliance with, an installment schedule established by a court before enactment of the amendments made by this Act [Oct. 12, 1984], specifying the dates on which designated partial payments will be made; or
"(C) establish with the concurrence of the Attorney General, a new installment schedule of a duration not exceeding two years, except in special circumstances, and specifying the dates on which designated partial payments will be made.
"(2) This subsection shall not apply in cases in which—
"(A) the Attorney General believes the likelihood of collection is remote; or
"(B) criminal fines have been stayed pending appeal.
"(b) The Attorney General shall, within one hundred and eighty days after the effective date of this Act, declare all fines for which this obligation is unfulfilled to be in criminal default, subject to the civil and criminal remedies established by amendments made by this Act [see Short Title note set out under
"(c) Not later than one year following the effective date of this Act, the Attorney General shall include in the annual crime report steps taken to implement this Act and the progress achieved in criminal fine collection, including collection data for each judicial district."
Section Referred to in Other Sections
This section is referred to in
§3613. Civil remedies for satisfaction of an unpaid fine
(a)
(1) property exempt from levy for taxes pursuant to section 6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law;
(2)
(3) the provisions of section 303 of the Consumer Credit Protection Act (
(b)
(c)
(d)
(e)
(f)
(Added
References in Text
Section 207 of the Social Security Act, referred to in subsec. (a), is classified to
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1), (c), and (d), is classified generally to Title 26, Internal Revenue Code.
Prior Provisions
For a prior section 3613, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—
1990—Subsec. (c).
1986—Subsecs. (b) to (d).
Effective Date of 1996 Amendment
Amendment by
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
1 So in original. Probably should be "section".
§3613A. Effect of default
(a)(1) Upon a finding that the defendant is in default on a payment of a fine or restitution, the court may, pursuant to section 3565, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, resentence a defendant pursuant to section 3614, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution.
(2) In determining what action to take, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness in failing to comply with the fine 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.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§3614. Resentencing upon failure to pay a fine or restitution
(a)
(b)
(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)
(Added
Prior Provisions
For a prior section 3614, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—
Subsec. (a).
Subsec. (c).
Effective Date of 1996 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
§3615. Criminal default
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.
(Added
Prior Provisions
For prior sections 3615 to 3620, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
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
SUBCHAPTER C—IMPRISONMENT
SUBCHAPTER C—IMPRISONMENT 1
Amendments
1996—
1994—
Subchapter Referred to in Other Sections
This subchapter is referred to in
1 So in original. Probably should not appear.
§3621. Imprisonment of a convicted person
(a)
(b)
(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
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)
(d)
(e)
(1)
(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)
(A)
(B)
(3)
(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)
(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)
(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)
(Added
Prior Provisions
For a prior section 3621, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1994—Subsec. (b).
Subsec. (e).
1990—Subsec. (b).
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
§3622. Temporary release of a prisoner
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
(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.
(Added
Prior Provisions
For a prior section 3622, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
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
Ex. Ord. No. 11755. Prison Labor
Ex. Ord. No. 11755, Dec. 29, 1973, 39 F.R. 779, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12943, Dec. 13, 1994, 59 F.R. 64553, provided:
The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition between convict labor and free labor in the production of goods and services.
Under
Several states and other jurisdictions have similar laws or regulations under which individuals confined for violations of the laws of those places may be authorized to work at paid employment in the community.
Executive Order No. 325A, which was originally issued by President Theodore Roosevelt in 1905, prohibits the employment, in the performance of Federal contracts, of any person who is serving a sentence of imprisonment at hard labor imposed by a court of a State, territory, or municipality.
I have now determined that Executive Order No. 325A should be replaced with a new Executive Order which would permit the employment of non-Federal prison inmates in the performance of Federal contracts under terms and conditions that are comparable to those now applicable to inmates of Federal prisons.
NOW, THEREFORE, pursuant to the authority vested in me as President of the United States, it is hereby ordered as follows:
(1)(A) The worker is paid or is in an approved work training program on a voluntary basis;
(B) Representatives of local union central bodies or similar labor union organizations have been consulted;
(C) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and
(D) 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 locality in which the work is being performed; and
(2) The Attorney General has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of this order.
(b) After notice and opportunity for hearing, the Attorney General shall revoke any such certification under section 1(a)(2) if he finds that the work-release program of the jurisdiction involved is not being conducted in conformity with the requirements of this order or with its intent or purposes.
(c) The provisions of this order do not apply to purchases made under the micropurchase authority contained in section 32 of the Office of Federal Procurement Policy Act, as amended [
Section Referred to in Other Sections
This section is referred to in title 28 section 994.
§3623. Transfer of a prisoner to State authority
The Director of the Bureau of Prisons shall order that a prisoner who has been charged in an indictment or information with, or convicted of, a State felony, be transferred to an official detention facility within such State prior to his release from a Federal prison facility if—
(1) the transfer has been requested by the Governor or other executive authority of the State;
(2) the State has presented to the Director a certified copy of the indictment, information, or judgment of conviction; and
(3) the Director finds that the transfer would be in the public interest.
If more than one request is presented with respect to a prisoner, the Director shall determine which request should receive preference. The expenses of such transfer shall be borne by the State requesting the transfer.
(Added
Prior Provisions
For a prior section 3623, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
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
§3624. Release of a prisoner
(a)
(b)
(2) Notwithstanding any other law, credit awarded under this subsection after the date of enactment of the Prison Litigation Reform Act shall vest on the date the prisoner is released from custody.
(3) The Attorney General shall ensure that the Bureau of Prisons has in effect an optional General Educational Development program for inmates who have not earned a high school diploma or its equivalent.
(4) Exemptions to the General Educational Development requirement may be made as deemed appropriate by the Director of the Federal Bureau of Prisons.
(c)
(d)
(1) suitable clothing;
(2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and
(3) transportation to the place of the prisoner's conviction, to the prisoner's bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director.
(e)
(f)
(1) The Attorney General shall direct the Bureau of Prisons to have in effect a mandatory functional literacy program for all mentally capable inmates who are not functionally literate in each Federal correctional institution within 6 months from the date of the enactment of this Act.
(2) Each mandatory functional literacy program shall include a requirement that each inmate participate in such program for a mandatory period sufficient to provide the inmate with an adequate opportunity to achieve functional literacy, and appropriate incentives which lead to successful completion of such programs shall be developed and implemented.
(3) As used in this section, the term "functional literacy" means—
(A) an eighth grade equivalence in reading and mathematics on a nationally recognized standardized test;
(B) functional competency or literacy on a nationally recognized criterion-referenced test; or
(C) a combination of subparagraphs (A) and (B).
(4) Non-English speaking inmates shall be required to participate in an English-As-A-Second-Language program until they function at the equivalence of the eighth grade on a nationally recognized educational achievement test.
(5) The Chief Executive Officer of each institution shall have authority to grant waivers for good cause as determined and documented on an individual basis.
(Added
References in Text
The date of enactment of the Prison Litigation Reform Act, referred to in subsec. (b)(2), probably means the date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of
The date of the enactment of this Act, referred to in subsec. (f)(1), probably means the date of enactment of
Prior Provisions
For a prior section 3624, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding
Amendments
1996—Subsec. (b)(1).
Subsec. (b)(2).
1995—Subsec. (f)(6).
1994—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1990—Subsec. (c).
Subsec. (f).
1986—Subsec. (b).
Subsec. (e).
Effective Date of 1990 Amendment
Section 2902(b) of
Effective Date of 1986 Amendment
Section 16(b) of
Section 17(b) of
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
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§3625. Inapplicability of the Administrative Procedure Act
The provisions of
(Added
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
§3626. Appropriate remedies with respect to prison conditions
(a)
(1)
(B) The court shall not order any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or otherwise violates State or local law, unless—
(i) Federal law requires such relief to be ordered in violation of State or local law;
(ii) the relief is necessary to correct the violation of a Federal right; and
(iii) no other relief will correct the violation of the Federal right.
(C) Nothing in this section shall be construed to authorize the courts, in exercising their remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts.
(2)
(3)
(i) a court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the Federal right sought to be remedied through the prisoner release order; and
(ii) the defendant has had a reasonable amount of time to comply with the previous court orders.
(B) In any civil action in Federal court with respect to prison conditions, a prisoner release order shall be entered only by a three-judge court in accordance with
(C) A party seeking a prisoner release order in Federal court shall file with any request for such relief, a request for a three-judge court and materials sufficient to demonstrate that the requirements of subparagraph (A) have been met.
(D) If the requirements under subparagraph (A) have been met, a Federal judge before whom a civil action with respect to prison conditions is pending who believes that a prison release order should be considered may sua sponte request the convening of a three-judge court to determine whether a prisoner release order should be entered.
(E) The three-judge court shall enter a prisoner release order only if the court finds by clear and convincing evidence that—
(i) crowding is the primary cause of the violation of a Federal right; and
(ii) no other relief will remedy the violation of the Federal right.
(F) Any State or local official including a legislator or unit of government whose jurisdiction or function includes the appropriation of funds for the construction, operation, or maintenance of prison facilities, or the prosecution or custody of persons who may be released from, or not admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition or continuation in effect of such relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief.
(b)
(1)
(i) 2 years after the date the court granted or approved the prospective relief;
(ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph; or
(iii) in the case of an order issued on or before the date of enactment of the Prison Litigation Reform Act, 2 years after such date of enactment.
(B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subparagraph (A).
(2)
(3)
(4)
(c)
(1)
(2)
(B) Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached from seeking in State court any remedy available under State law.
(d)
(e)
(1)
(2)
(A)(i) beginning on the 30th day after such motion is filed, in the case of a motion made under paragraph (1) or (2) of subsection (b); or
(ii) beginning on the 180th day after such motion is filed, in the case of a motion made under any other law; and
(B) ending on the date the court enters a final order ruling on the motion.
(3)
(4)
(f)
(1)
(B) The court shall appoint a special master under this subsection during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment.
(2)
(B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list.
(C) The court shall select the master from the persons remaining on the list after the operation of subparagraph (B).
(3)
(4)
(5)
(6)
(A) may be authorized by a court to conduct hearings and prepare proposed findings of fact, which shall be made on the record;
(B) shall not make any findings or communications ex parte;
(C) may be authorized by a court to assist in the development of remedial plans; and
(D) may be removed at any time, but shall be relieved of the appointment upon the termination of relief.
(g)
(1) the term "consent decree" means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements;
(2) the term "civil action with respect to prison conditions" means any civil proceeding arising under Federal law with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison, but does not include habeas corpus proceedings challenging the fact or duration of confinement in prison;
(3) the term "prisoner" means any person subject to incarceration, detention, or admission to any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program;
(4) the term "prisoner release order" includes any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or nonadmission of prisoners to a prison;
(5) the term "prison" means any Federal, State, or local facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law;
(6) the term "private settlement agreement" means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled;
(7) the term "prospective relief" means all relief other than compensatory monetary damages;
(8) the term "special master" means any person appointed by a Federal court pursuant to Rule 53 of the Federal Rules of Civil Procedure or pursuant to any inherent power of the court to exercise the powers of a master, regardless of the title or description given by the court; and
(9) the term "relief" means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.
(Added
References in Text
The date of enactment of the Prison Litigation Reform Act, referred to in subsec. (b)(1)(A)(iii), probably means the date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of
The Federal Rules of Civil Procedure, referred to in subsec. (g)(8), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1997—Subsec. (a)(1)(B)(i).
Subsec. (a)(3)(A).
Subsec. (a)(3)(F).
Subsec. (b)(3).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3), (4).
1996—
Effective Date of 1997 Amendment
Section 123(b) of
Effective Date of 1996 Amendment
Section 101[(a)] [title VIII, §802(b)(1)] of
Effective and Termination Dates
Section 20409(b) of
Severability
Section 101[(a)] [title VIII, §810] of
Special Masters Appointed Prior to April 26, 1996; Prohibition on Use of Funds
Payment of Damage Award in Satisfaction of Pending Restitution Orders
Section 101[(a)] [title VIII, §807] of
Notice to Crime Victims of Pending Damage Award
Section 101[(a)] [title VIII, §808] of
[CHAPTER 231 —REPEALED]
[§§3651 to 3656. Repealed or Renumbered. Pub. L. 98–473, title II, §212(a)(1), (2), Oct. 12, 1984, 98 Stat. 1987 ]
Section 3651, acts June 25, 1948, ch. 645,
Section 3652, act June 25, 1948, ch. 645,
Section 3653, acts June 25, 1948, ch. 645,
Section 3654, acts June 25, 1948, ch. 645,
Section 3655, acts June 25, 1948, ch. 645,
Section 3656 renumbered
Effective Date of Repeal
Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of
CHAPTER 232 —MISCELLANEOUS SENTENCING PROVISIONS
Amendments
1996—
1990—
1984—
Effective Date
§3661. Use of information for sentencing
No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.
(Added
Short Title of 1990 Amendment
Short Title of 1986 Amendment
§3662. Conviction records
(a) The Attorney General of the United States is authorized to establish in the Department of Justice a repository for records of convictions and determinations of the validity of such convictions.
(b) Upon the conviction thereafter of a defendant in a court of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof for an offense punishable in such court by death or imprisonment in excess of one year, or a judicial determination of the validity of such conviction on collateral review, the court shall cause a certified record of the conviction or determination to be made to the repository in such form and containing such information as the Attorney General of the United States shall by regulation prescribe.
(c) Records maintained in the repository shall not be public records. Certified copies thereof—
(1) may be furnished for law enforcement purposes on request of a court or law enforcement or corrections officer of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof;
(2) may be furnished for law enforcement purposes on request of a court or law enforcement or corrections officer of a State, any political subdivision, or any department, agency, or instrumentality thereof, if a statute of such State requires that, upon the conviction of a defendant in a court of the State or any political subdivision thereof for an offense punishable in such court by death or imprisonment in excess of one year, or a judicial determination of the validity of such conviction on collateral review, the court cause a certified record of the conviction or determination to be made to the repository in such form and containing such information as the Attorney General of the United States shall by regulation prescribe; and
(3) shall be prima facie evidence in any court of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof, that the convictions occurred and whether they have been judicially determined to be invalid on collateral review.
(d) The Attorney General of the United States shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing regulations under this section.
(Added
§3663. Order of restitution
(a)(1)(A) The court, when sentencing a defendant convicted of an offense under this title, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (
(B)(i) The court, in determining whether to order restitution under this section, shall consider—
(I) the amount of the loss sustained by each victim as a result of the offense; and
(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate.
(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.
(2) For the purposes of this section, the term "victim" means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.
(3) The court may also order restitution in any criminal case to the extent agreed to by the parties in a plea agreement.
(b) The order may require that such defendant—
(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense—
(A) return the property to the owner of the property or someone designated by the owner; or
(B) if return of the property under subparagraph (A) is impossible, impractical, or inadequate, pay an amount equal to the greater of—
(i) the value of the property on the date of the damage, loss, or destruction, or
(ii) the value of the property on the date of sentencing,
less the value (as of the date the property is returned) of any part of the property that is returned;
(2) in the case of an offense resulting in bodily injury to a victim including an offense under
(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;
(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and
(C) reimburse the victim for income lost by such victim as a result of such offense;
(3) in the case of an offense resulting in bodily injury also results in the death of a victim, pay an amount equal to the cost of necessary funeral and related services;
(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and
(5) in any case, if the victim (or if the victim is deceased, the victim's estate) consents, make restitution in services in lieu of money, or make restitution to a person or organization designated by the victim or the estate.
(c)(1) Notwithstanding any other provision of law (but subject to the provisions of subsections (a)(1)(B)(i)(II) and (ii),1 when sentencing a defendant convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (
(2)(A) An order of restitution under this subsection shall be based on the amount of public harm caused by the offense, as determined by the court in accordance with guidelines promulgated by the United States Sentencing Commission.
(B) In no case shall the amount of restitution ordered under this subsection exceed the amount of the fine ordered for the offense charged in the case.
(3) Restitution under this subsection shall be distributed as follows:
(A) 65 percent of the total amount of restitution shall be paid to the State entity designated to administer crime victim assistance in the State in which the crime occurred.
(B) 35 percent of the total amount of restitution shall be paid to the State entity designated to receive Federal substance abuse block grant funds.
(4) The court shall not make an award under this subsection if it appears likely that such award would interfere with a forfeiture under
(5) Notwithstanding section 3612(c) or any other provision of law, a penalty assessment under section 3013 or a fine under subchapter C of
(6) Requests for community restitution under this subsection may be considered in all plea agreements negotiated by the United States.
(7)(A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection.
(B) No restitution shall be ordered under this subsection until such time as the Sentencing Commission promulgates guidelines pursuant to this paragraph.
(d) An order of restitution made pursuant to this section shall be issued and enforced in accordance with section 3664.
(Added
References in Text
The Controlled Substances Act, referred to in subsec. (c)(4), is title II of
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (c).
Subsec. (c)(4).
Subsec. (d).
Subsecs. (e) to (i).
1994—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(3) to (5).
Subsec. (i).
1990—Subsec. (a).
Subsec. (f)(4).
1988—Subsec. (h).
1987—Subsec. (f)(4).
Subsec. (g).
1986—Subsec. (a).
Subsec. (a)(1).
Subsec. (d).
Subsec. (h).
1984—
Subsec. (c).
Subsec. (f)(4).
Subsec. (g).
Subsec. (h).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by section 8(b) of
Amendment by section 20(a) of
Section 77(b) of
Section 78(b) of
Section 79(b) of
Effective Date of 1984 Amendments
Amendment by
Amendment by section 212(a)(3) of
Effective Date
Section effective with respect to offenses occurring after Jan. 1, 1983, see section 9(b)(2) of
Profit by a Criminal From Sale of His Story
Section 7 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "(ii)),".
§3663A. Mandatory restitution to victims of certain crimes
(a)(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate.
(2) For the purposes of this section, the term "victim" means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.
(3) The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.
(b) The order of restitution shall require that such defendant—
(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense—
(A) return the property to the owner of the property or someone designated by the owner; or
(B) if return of the property under subparagraph (A) is impossible, impracticable, or inadequate, pay an amount equal to—
(i) the greater of—
(I) the value of the property on the date of the damage, loss, or destruction; or
(II) the value of the property on the date of sentencing, less
(ii) the value (as of the date the property is returned) of any part of the property that is returned;
(2) in the case of an offense resulting in bodily injury to a victim—
(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;
(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and
(C) reimburse the victim for income lost by such victim as a result of such offense;
(3) in the case of an offense resulting in bodily injury that results in the death of the victim, pay an amount equal to the cost of necessary funeral and related services; and
(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.
(c)(1) This section shall apply in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense—
(A) that is—
(i) a crime of violence, as defined in section 16;
(ii) an offense against property under this title, including any offense committed by fraud or deceit; or
(iii) an offense described in section 1365 (relating to tampering with consumer products); and
(B) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss.
(2) In the case of a plea agreement that does not result in a conviction for an offense described in paragraph (1), this section shall apply only if the plea specifically states that an offense listed under such paragraph gave rise to the plea agreement.
(3) This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) if the court finds, from facts on the record, that—
(A) the number of identifiable victims is so large as to make restitution impracticable; or
(B) determining complex issues of fact related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process.
(d) An order of restitution under this section shall be issued and enforced in accordance with section 3664.
(Added
Effective Date
Section 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
Section Referred to in Other Sections
This section is referred to in
§3664. Procedure for issuance and enforcement of order of restitution
(a) For orders of restitution under this title, the court shall order the probation officer to obtain and include in its presentence report, or in a separate report, as the court may direct, information sufficient for the court to exercise its discretion in fashioning a restitution order. The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable, the probation officer shall so inform the court.
(b) The court shall disclose to both the defendant and the attorney for the Government all portions of the presentence or other report pertaining to the matters described in subsection (a) of this section.
(c) The provisions of this chapter,
(d)(1) Upon the request of the probation officer, but not later than 60 days prior to the date initially set for sentencing, the attorney for the Government, after consulting, to the extent practicable, with all identified victims, shall promptly provide the probation officer with a listing of the amounts subject to restitution.
(2) The probation officer shall, prior to submitting the presentence report under subsection (a), to the extent practicable—
(A) provide notice to all identified victims of—
(i) the offense or offenses of which the defendant was convicted;
(ii) the amounts subject to restitution submitted to the probation officer;
(iii) the opportunity of the victim to submit information to the probation officer concerning the amount of the victim's losses;
(iv) the scheduled date, time, and place of the sentencing hearing;
(v) the availability of a lien in favor of the victim pursuant to subsection (m)(1)(B); and
(vi) the opportunity of the victim to file with the probation officer a separate affidavit relating to the amount of the victim's losses subject to restitution; and
(B) provide the victim with an affidavit form to submit pursuant to subparagraph (A)(vi).
(3) Each defendant shall prepare and file with the probation officer an affidavit fully describing the financial resources of the defendant, including a complete listing of all assets owned or controlled by the defendant as of the date on which the defendant was arrested, the financial needs and earning ability of the defendant and the defendant's dependents, and such other information that the court requires relating to such other factors as the court deems appropriate.
(4) After reviewing the report of the probation officer, the court may require additional documentation or hear testimony. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera.
(5) If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing, the attorney for the Government or the probation officer shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief.
(6) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate judge or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
(e) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the attorney for the Government. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant's dependents, shall be on the defendant. The burden of demonstrating such other matters as the court deems appropriate shall be upon the party designated by the court as justice requires.
(f)(1)(A) In each order of restitution, the court shall order restitution to each victim in the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the defendant.
(B) In no case shall the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source be considered in determining the amount of restitution.
(2) Upon determination of the amount of restitution owed to each victim, the court shall, pursuant to section 3572, specify in the restitution order the manner in which, and the schedule according to which, the restitution is to be paid, in consideration of—
(A) the financial resources and other assets of the defendant, including whether any of these assets are jointly controlled;
(B) projected earnings and other income of the defendant; and
(C) any financial obligations of the defendant; including obligations to dependents.
(3)(A) A restitution order may direct the defendant to make a single, lump-sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified intervals and in-kind payments.
(B) A restitution order may direct the defendant to make nominal periodic payments if the court finds from facts on the record that the economic circumstances of the defendant do not allow the payment of any amount of a restitution order, and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments.
(4) An in-kind payment described in paragraph (3) may be in the form of—
(A) return of property;
(B) replacement of property; or
(C) if the victim agrees, services rendered to the victim or a person or organization other than the victim.
(g)(1) No victim shall be required to participate in any phase of a restitution order.
(2) A victim may at any time assign the victim's interest in restitution payments to the Crime Victims Fund in the Treasury without in any way impairing the obligation of the defendant to make such payments.
(h) If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.
(i) If the court finds that more than 1 victim has sustained a loss requiring restitution by a defendant, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim. In any case in which the United States is a victim, the court shall ensure that all other victims receive full restitution before the United States receives any restitution.
(j)(1) If a victim has received compensation from insurance or any other source with respect to a loss, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation.
(2) Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim in—
(A) any Federal civil proceeding; and
(B) any State civil proceeding, to the extent provided by the law of the State.
(k) A restitution order shall provide that the defendant shall notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. The court may also accept notification of a material change in the defendant's economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victim or victims owed restitution by the defendant have been notified of the change in circumstances. Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.
(l) A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim.
(m)(1)(A)(i) An order of restitution may be enforced by the United States in the manner provided for in subchapter C of
(ii) by all other available and reasonable means.
(B) At the request of a victim named in a restitution order, the clerk of the court shall issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the restitution order. Upon registering, recording, docketing, or indexing such abstract in accordance with the rules and requirements relating to judgments of the court of the State where the district court is located, the abstract of judgment shall be a lien on the property of the defendant located in such State in the same manner and to the same extent and under the same conditions as a judgment of a court of general jurisdiction in that State.
(2) An order of in-kind restitution in the form of services shall be enforced by the probation officer.
(n) If a person obligated to provide restitution, or pay a fine, receives substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed.
(o) A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that—
(1) such a sentence can subsequently be—
(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and
(B) appealed and modified under section 3742;
(C) amended under section 3664(d)(3); or
(D) adjusted under section 3664(k), 3572, or 3613A; or
(2) the defendant may be resentenced under section 3565 or 3614.
(p) Nothing in this section or sections 2248, 2259, 2264, 2327, 3663, and 3663A and arising out of the application of such sections, shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer or employee of the United States.
(Added
References in Text
The Federal Rules of Criminal Procedure, referred to in subsecs. (c) and (o)(1)(A), are set out in the Appendix to this title.
Amendments
1996—
1990—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective with respect to offenses occurring after Jan. 1, 1983, see section 9(b)(2) of
Section Referred to in Other Sections
This section is referred to in
§3665. Firearms possessed by convicted felons
A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or attempting to commit a felony in violation of any law of the United States involving the use of threats, force, or violence or perpetrated in whole or in part by the use of firearms, may, in addition to the penalty provided by law for such offense, order the confiscation and disposal of firearms and ammunition found in the possession or under the immediate control of the defendant at the time of his arrest.
The court may direct the delivery of such firearms or ammunition to the law-enforcement agency which apprehended such person, for its use or for any other disposition in its discretion.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §645 (June 13, 1939, ch. 197,
The condensation and simplification of this section clarifies its intent to confiscate the firearms taken from persons convicted of crimes of violence without any real change of substance.
§3666. Bribe moneys
Moneys received or tendered in evidence in any United States Court, or before any officer thereof, which have been paid to or received by any official as a bribe, shall, after the final disposition of the case, proceeding or investigation, be deposited in the registry of the court to be disposed of in accordance with the order of the court, to be subject, however, to the provisions of
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §570 (Jan. 7, 1925, ch. 33,
Changes were made in phraseology.
1949 Act
This section [section 55] corrects
Amendments
1949—Act May 24, 1949, substituted "section 2042" for "section 852".
Cross References
Withdrawal of money deposited in court, see
§3667. Liquors and related property; definitions
All liquor involved in any violation of
As used in this section, "vessel" includes every description of watercraft used, or capable of being used, as a means of transportation in water or in water and air; "vehicle" includes animals and every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land or through the air.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Section consolidates
Definition of "State" in
Changes made in phraseology.
References in Text
The internal-revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code.
Cross References
Liquor traffic, offenses relating to, see
§3668. Remission or mitigation of forfeitures under liquor laws; possession pending trial
(a) Jurisdiction of court
Whenever, in any proceeding in court for the forfeiture, under the internal-revenue laws, of any vehicle or aircraft seized for a violation of the internal-revenue laws relating to liquors, such forfeiture is decreed, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.
(b) Conditions precedent to remission or mitigation
In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until he proves (1) that he has an interest in such vehicle or aircraft, as owner or otherwise, which he acquired in good faith, (2) that he had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of any State relating to liquor, and (3) if it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or of any State relating to liquor has a right with respect to such vehicle or aircraft, that, before such claimant acquired his interest, or such other person acquired his right under such contract or agreement, whichever occurred later, the claimant, his officer or agent, was informed in answer to his inquiry, at the headquarters of the sheriff, chief of police, principal Federal internal-revenue officer engaged in the enforcement of the liquor laws, or other principal local or Federal law-enforcement officer of the locality in which such other person acquired his right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation.
(c) Claimants first entitled to delivery
Upon the request of any claimant whose claim for remission or mitigation is allowed and whose interest is first in the order of priority among such claims allowed in such proceeding and is of an amount in excess of, or equal to, the appraised value of such vehicle or aircraft, the court shall order its return to him; and, upon the joint request of any two or more claimants whose claims are allowed and whose interests are not subject to any prior or intervening interests claimed and allowed in such proceedings, and are of a total amount in excess of, or equal to, the appraised value of such vehicle or aircraft, the court shall order its return to such of the joint requesting claimants as is designated in such request. Such return shall be made only upon payment of all expenses incident to the seizure and forfeiture incurred by the United States. In all other cases the court shall order disposition of such vehicle or aircraft as provided in
(d) Delivery on bond pending trial
In any proceeding in court for the forfeiture under the internal-revenue laws of any vehicle or aircraft seized for a violation of the internal-revenue laws relating to liquor, the court shall order delivery thereof to any claimant who shall establish his right to the immediate possession thereof, and shall execute, with one or more sureties approved by the court, and deliver to the court, a bond to the United States for the payment of a sum equal to the appraised value of such vehicle or aircraft. Such bond shall be conditioned to return such vehicle or aircraft at the time of the trial and to pay the difference between the appraised value of such vehicle or aircraft as of the time it shall have been so released on bond and the appraised value thereof as of the time of trial; and conditioned further that, if the vehicle or aircraft be not returned at the time of trial, the bond shall stand in lieu of, and be forfeited in the same manner as, such vehicle or aircraft. Notwithstanding this subsection or any other provisions of law relating to the delivery of possession on bond of vehicles or aircraft sought to be forfeited under the internal-revenue laws, the court may, in its discretion and upon good cause shown by the United States, refuse to order such delivery of possession.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §646 (Aug. 27, 1935, ch. 740, §204,
A minor change was made in phraseology.
References in Text
The internal-revenue laws relating to liquor, referred to in subsecs. (a) and (d), are classified generally to
Cross References
Disposition of seized conveyances, see
Remission of vehicles forfeited under customs or navigation laws, see
Remission or mitigation of forfeiture—
Distilled spirits, wines, or malt beverages, see
Under internal revenue laws generally, see
Section Referred to in Other Sections
This section is referred to in
§3669. Conveyances carrying liquor
Any conveyance, whether used by the owner or another in introducing or attempting to introduce intoxicants into the Indian country, or into other places where the introduction is prohibited by treaty or enactment of Congress, shall be subject to seizure, libel, and forfeiture.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
Words "Automobiles or any other vehicles or" at beginning of section were omitted, and "any conveyance" substituted to remove possible ambiguity as to scope of section.
Words at conclusion of section "provided in
Minor changes were made in arrangement and phraseology.
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Application of Indian liquor laws, see
Disposition of seized conveyances, see
Forfeitures and seizures—
Jurisdiction, see
Proceedings, see
Indian country defined, see
Introducing intoxicating liquors into Indian country, see
Section Referred to in Other Sections
This section is referred to in
§3670. Disposition of conveyances seized for violation of the Indian liquor laws
The provisions of
(Added Oct. 24, 1951, ch. 546, §2,
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 223(k) of
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
§3671. Vessels carrying explosives and steerage passengers
The amount of any fine imposed upon the master of a steamship or other vessel under the provisions of
(Added Sept. 3, 1954, ch. 1263, §36,
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
§3672. Duties of Director of Administrative Office of the United States Courts
The Director of the Administrative Office of the United States Courts, or his authorized agent, shall investigate the work of the probation officers and make recommendations concerning the same to the respective judges and shall have access to the records of all probation officers.
He shall collect for publication statistical and other information concerning the work of the probation officers.
He shall prescribe record forms and statistics to be kept by the probation officers and shall formulate general rules for the proper conduct of the probation work.
He shall endeavor by all suitable means to promote the efficient administration of the probation system and the enforcement of the probation laws in all United States courts.
He shall, under the supervision and direction of the Judicial Conference of the United States, fix the salaries of probation officers and shall provide for their necessary expenses including clerical service and travel expenses.
He shall incorporate in his annual report a statement concerning the operation of the probation system in such courts.
He shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, an addict or a drug-dependent person, or a person suffering from a psychiatric disorder within the meaning of section 2 of the Public Health Service Act. This authority shall include the authority to provide equipment and supplies; testing; medical, educational, social, psychological and vocational services; corrective and preventative guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict or drug-dependent person, or a person suffering from a psychiatric disorder by eliminating his dependence on alcohol or addicting drugs, by controlling his dependence and his susceptibility to addiction, or by treating his psychiatric disorder. He may negotiate and award such contracts without regard to section 3709 of the Revised Statutes of the United States.
He shall pay for presentence studies and reports by qualified consultants and presentence examinations and reports by psychiatric or psychological examiners ordered by the court under subsection (b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons.
Whenever the court finds that funds are available for payment by or on behalf of a person furnished such services, training, or guidance, the court may direct that such funds be paid to the Director. Any moneys collected under this paragraph shall be used to reimburse the appropriations obligated and disbursed in payment for such services, training, or guidance.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §728 (Mar. 4, 1925, ch. 521, §4(a), as added June 6, 1930, ch. 406, §2,
The only change made in this section was the substitution of the "Director of the Administrative Office of the United States Courts" for "Attorney General". (See reviser's note under
1949 Act
This amendment [see section 57] conforms the language of
References in Text
Section 2 of the Public Health Service Act, referred to in the seventh undesignated par., is classified to
Section 3709 of the Revised Statutes, referred to in the seventh undesignated par., is classified to
Amendments
1987—
1986—
1949—Act May 24, 1949, inserted in fifth par. of section "and direction" after "supervision".
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendments
Section 18(b) of
Section 1861(b)(2) of
Authorization of Appropriations
Section 4(a) of
Increase in Compensation Rates
Increase in compensation rates fixed under this section, see note under
Cross References
Administrative Office of United States Courts, see
Section Referred to in Other Sections
This section is referred to in title 5 section 4521.
§3673. Definitions for sentencing provisions
As used in chapters 227 and 229—
(1) the term "found guilty" includes acceptance by a court of a plea of guilty or nolo contendere;
(2) the term "commission of an offense" includes the attempted commission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense; and
(3) the term "law enforcement officer" means a public servant authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense.
(Added
Amendments
1986—
Effective Date of 1986 Amendment
Section 2(b) of
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
CHAPTER 232A —SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME
Amendments
1986—
§3681. Order of special forfeiture
(a) Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under
(b) An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract.
(c)(1) Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may—
(A) be levied upon to satisfy—
(i) a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) a fine imposed by a court of the United States; and
(B) if ordered by the court in the interest of justice, be used to—
(i) satisfy a money judgment rendered in any court in favor of a victim of any offense for which such defendant has been convicted, or a legal representative of such victim; and
(ii) pay for legal representation of the defendant in matters arising from the offense for which such defendant has been convicted, but no more than 20 percent of the total proceeds may be so used.
(2) The court shall direct the disposition of all such proceeds in the possession of the Attorney General at the end of such five years and may require that all or any part of such proceeds be released from escrow and paid into the Crime Victims Fund in the Treasury.
(d) As used in this section, the term "interested party" includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted.
(Added
Amendments
1986—Subsec. (a).
Effective Date
Chapter effective 30 days after Oct. 12, 1984, see section 1409(a) of
Section Referred to in Other Sections
This section is referred to in title 42 section 10601.
§3682. Notice to victims of order of special forfeiture
The United States attorney shall, within thirty days after the imposition of an order under this chapter and at such other times as the Attorney General may require, publish in a newspaper of general circulation in the district in which the offense for which a defendant was convicted occurred, a notice that states—
(1) the name of, and other identifying information about, the defendant;
(2) the offense for which the defendant was convicted; and
(3) that the court has ordered a special forfeiture of certain proceeds that may be used to satisfy a judgment obtained against the defendant by a victim of an offense for which the defendant has been convicted.
(Added
CHAPTER 233 —CONTEMPTS
§3691. Jury trial of criminal contempts
Whenever a contempt charged shall consist in willful disobedience of any lawful writ, process, order, rule, decree, or command of any district court of the United States by doing or omitting any act or thing in violation thereof, and the act or thing done or omitted also constitutes a criminal offense under any Act of Congress, or under the laws of any state in which it was done or omitted, the accused, upon demand therefor, shall be entitled to trial by a jury, which shall conform as near as may be to the practice in other criminal cases.
This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The first paragraph of this section is completely rewritten from
The second paragraph of this section is derived from
Minor changes were made in phraseology.
Federal Rules of Criminal Procedure
Jury trial for criminal contempt where statutes so provide, see rule 42, Appendix to this title.
Statutory provisions defining criminal contempt, see Advisory Committee Notes under rule 42.
Cross References
Criminal contempts constituting offenses, see
Jury trial discretionary in cases of criminal contempt arising under civil rights laws, see
Limitations, see
Power to punish for contempt generally, see
Section Referred to in Other Sections
This section is referred to in
§3692. Jury trial for contempt in labor dispute cases
In all cases of contempt arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the contempt shall have been committed.
This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on
The phrase "or the District of Columbia arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute" was inserted and the reference to specific sections of the Norris-LaGuardia Act (
Taft-Hartley Injunctions
Former
Cross References
Injunctions in labor disputes as provided for by Norris-LaGuardia Act, see
§3693. Summary disposition or jury trial; notice—(Rule)
See Federal Rules of Criminal Procedure
Summary punishment; certificate of judge; order; notice; jury trial; bail; disqualification of judge, Rule 42.
(June 25, 1948, ch. 645,
CHAPTER 235 —APPEAL
Amendments
1984—
§3731. Appeal by United States
In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.
An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.
An appeal by the United States shall lie to a court of appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release.
The appeal in all such cases shall be taken within thirty days after the decision, judgment or order has been rendered and shall be diligently prosecuted.
The provisions of this section shall be liberally construed to effectuate its purposes.
(June 25, 1948, ch. 645,
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., §682 (Mar. 2, 1907, ch. 2564,
The word "dismissing" was substituted for "sustaining a motion to dismiss" in two places for conciseness and clarity, there being no difference in effect of a decision of dismissal whether made on motion or by the court sua sponte.
Minor changes were made to conform to Rule 12 of the Federal Rules of Criminal Procedure. The final sentence authorizing promulgation of rules is omitted as redundant.
1949 Act
This section [section 58] corrects a typographical error in the second paragraph of
Amendments
1994—Second par.
1986—Fifth par.
1984—First par.
Third par.
1971—First par.
Second par.
Such first and second pars. superseded former first eight pars. Pars. one through four had provided for appeal from district courts to Supreme Court from decision or judgment setting aside, or dismissing any indictment or information, or any count thereof and from decision arresting judgment of conviction for insufficiency of indictment or information, where such decision or judgment was based upon invalidity or construction of the statute upon which the indictment or information was founded and for an appeal from decision or judgment sustaining a motion in bar, where defendant had not been put in jeopardy. Pars. five through eight provided for appeal from district courts to a court of appeals where there were no provisions for direct appeal to Supreme Court from decision or judgment setting aside, or dismissing any indictment or information, or any count thereof and from decision arresting a judgment of conviction, and from an order, granting a motion for return of seized property or a motion to suppress evidence, made before trial of a person charged with violation of a Federal law, if the United States attorney certified to the judge who granted the motion that the appeal was not taken for purpose of delay and that the evidence was a substantial proof of the charge pending against the defendant.
Third par.
Fourth par.
Fifth par.
1968—
1949—Act May 24, 1949, substituted "invalidity" for "validity" after "upon the" in second par., and conformed language of fifth, tenth, and eleventh pars. to the changed nomenclature of the courts.
Savings Provision
Section 14(b) of
Cross References
Appellate jurisdiction of courts of appeals, see
Prosecution in territory or Commonwealth authorized to seek review in appropriate local or Federal appellate courts, see
Section Referred to in Other Sections
This section is referred to in
§3732. Taking of appeal; notice; time—(Rule)
See Federal Rules of Criminal Procedure
Taking appeal; notice, contents, signing; time, Rule 37(a).
(June 25, 1948, ch. 645,
References in Text
Rule 37 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is covered by Rule 3, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3733. Assignment of errors—(Rule)
See Federal Rules of Criminal Procedure
Assignments of error on appeal abolished, Rule 37(a)(1).
Necessity of specific objection in order to assign error in instructions, Rule 30.
(June 25, 1948, ch. 645,
References in Text
Rule 37 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1947, eff. July 1, 1968, and is covered by Rule 3, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3734. Bill of exceptions abolished—(Rule)
See Federal Rules of Criminal Procedure
Exceptions abolished, Rule 51.
Bill of exceptions not required, Rule 37(a)(1).
(June 25, 1948, ch. 645,
References in Text
Rule 37 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is covered by Rule 3, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3735. Bail on appeal or certiorari—(Rule)
See Federal Rules of Criminal Procedure
Bail on appeal or certiorari; application, Rules 38(c) and 46(a)(2).
(June 25, 1948, ch. 645,
References in Text
Rule 38(c) of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is covered by rule 9, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Rule 46 was amended as part of the Bail Reform Act in 1966 and in 1972, and some provisions originally contained in Rule 46 are covered by this chapter, see Notes of Advisory Committee on Rules and Amendment notes under Rule 46, this Appendix.
§3736. Certiorari—(Rule)
See Federal Rules of Criminal Procedure
Petition to Supreme Court, time, Rule 37(b).
(June 25, 1948, ch. 645,
References in Text
Rule 37 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968. Provisions of such former rule for certiorari are covered by rule 19 et seq. of the Rules of the United States Supreme Court, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3737. Record—(Rule)
See Federal Rules of Criminal Procedure
Preparation, form; typewritten record, Rule 39(b).
Exceptions abolished, Rule 51.
Bill of exceptions unnecessary, Rule 37(a)(1).
(June 25, 1948, ch. 645,
References in Text
Rules 37 and 39 of the Federal Rules of Criminal Procedure were abrogated Dec. 4, 1967, eff. July 1, 1968, and are covered by Rule 10, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Cross References
Poor persons, costs of printing transcript and record on appeal in criminal cases to be paid by United States, see
§3738. Docketing appeal and record—(Rule)
See Federal Rules of Criminal Procedure
Filing record on appeal and docketing proceeding; time, Rule 39(c).
(June 25, 1948, ch. 645,
References in Text
Rule 39 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is covered by Rules 10 to 12, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3739. Supervision—(Rule)
See Federal Rules of Criminal Procedure
Control and supervision in appellate court, Rule 39(a).
(June 25, 1948, ch. 645,
References in Text
Rule 39 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is covered by Rule 27, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3740. Argument—(Rule)
See Federal Rules of Criminal Procedure
Setting appeal for argument; preference to criminal appeals, Rule 39(d).
(June 25, 1948, ch. 645,
References in Text
Rule 39 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is covered by Rule 34, Federal Rules of Appellate Procedure, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
§3741. Harmless error and plain error—(Rule)
See Federal Rules of Criminal Procedure
Error or defect as affecting substantial rights, Rule 52.
Defects in indictment, Rule 7.
Waiver of error, Rules 12(b)(2) and 30.
(June 25, 1948, ch. 645,
Cross References
Harmless error, see
§3742. Review of a sentence
(a)
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing guidelines; or
(3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) 1 than the maximum established in the guideline range; or
(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
(b)
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing guidelines;
(3) is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) 1 than the minimum established in the guideline range; or
(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
The Government may not further prosecute such appeal without the personal approval of the Attorney General, the Solicitor General, or a deputy solicitor general designated by the Solicitor General.
(c)
(1) a defendant may not file a notice of appeal under paragraph (3) or (4) of subsection (a) unless the sentence imposed is greater than the sentence set forth in such agreement; and
(2) the Government may not file a notice of appeal under paragraph (3) or (4) of subsection (b) unless the sentence imposed is less than the sentence set forth in such agreement.
(d)
(1) that portion of the record in the case that is designated as pertinent by either of the parties;
(2) the presentence report; and
(3) the information submitted during the sentencing proceeding.
(e)
(1) was imposed in violation of law;
(2) was imposed as a result of an incorrect application of the sentencing guidelines;
(3) is outside the applicable guideline range, and is unreasonable, having regard for—
(A) the factors to be considered in imposing a sentence, as set forth in
(B) the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c); or
(4) was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable.
The court of appeals shall give due regard to the opportunity of the district court to judge the credibility of the witnesses, and shall accept the findings of fact of the district court unless they are clearly erroneous and shall give due deference to the district court's application of the guidelines to the facts.
(f)
(1) was imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, the court shall remand the case for further sentencing proceedings with such instructions as the court considers appropriate;
(2) is outside the applicable guideline range and is unreasonable or was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable, it shall state specific reasons for its conclusions and—
(A) if it determines that the sentence is too high and the appeal has been filed under subsection (a), it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate;
(B) if it determines that the sentence is too low and the appeal has been filed under subsection (b), it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate;
(3) is not described in paragraph (1) or (2), it shall affirm the sentence.
(g)
(h)
(Added
References in Text
Section 3563(b)(6) or (b)(11), referred to in subsecs. (a)(3) and (b)(3), was renumbered section 3563(b)(5) or (b)(10) by
The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix of this title.
Amendments
1994—Subsec. (b).
1990—Subsec. (b).
Subsec. (g).
1988—Subsec. (a)(2).
Subsec. (a)(3).
"(A) the sentence specified in the applicable guideline to the extent that the sentence includes a greater fine or term of imprisonment or term of supervised release than the maximum established in the guideline, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the maximum established in the guideline; and
"(B) the sentence specified in a plea agreement, if any, under Rule 11(e)(1)(B) or (e)(1)(C) of the Federal Rules of Criminal Procedure; or".
Subsec. (a)(4).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
"(A) the sentence specified in the applicable guideline to the extent that the sentence includes a lesser fine or term of imprisonment or term of supervised release than the minimum established in the guideline, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the minimum established in the guideline; and
"(B) the sentence specified in a plea agreement, if any, under Rule 11(e)(1)(B) or (e)(1)(C) of the Federal Rules of Criminal Procedure; or".
Subsec. (b)(4).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (e)(2).
Subsecs. (f), (g).
Subsec. (h).
1987—Subsec. (a)(4).
Subsec. (b)(4).
Subsec. (d)(4).
Subsec. (e)(2).
Subsec. (e)(2)(A), (B).
Subsec. (e)(3).
Subsec. (f).
1986—Subsec. (e)(1).
Subsec. (e)(2)(A).
Subsec. (e)(2)(B).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1987 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
[CHAPTER 237 —REPEALED]
[§§3771, 3772. Repealed. Pub. L. 100–702, title IV, §404(a), Nov. 19, 1988, 102 Stat. 4651 ]
Section 3771, acts June 25, 1948, ch. 645,
Section 3772, acts June 25, 1948, ch. 645,
See
Effective Date of Repeal
Sections repealed effective Dec. 1, 1988, see section 407 of
Amendments to Criminal Rules and Rules of Evidence Proposed April 30, 1979; Postponement of Effective Date Until August 1, 1979, and December 1, 1980
"(1) the amendments proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, to the Federal Rules of Criminal Procedure affecting rules 11(e)(6), 17(h), 32(f), and 44(c), and adding new rules 26.2 and 32.1, and the amendment so proposed and transmitted to the Federal Rules of Evidence affecting rule 410, shall not take effect until December 1, 1980, or until and then only to the extent approved by Act of Congress, whichever is earlier; and
"(2) the amendment proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, affecting rule 40 of the Federal Rules of Criminal Procedure shall take effect on August 1, 1979, with the following amendments:
"(A) In the matter designated as paragraph (1) of subdivision (d), strike out 'in accordance with Rule 32.1(a)'.
"(B) In the matter designated as paragraph (2) of subdivision (d), strike out 'in accordance with Rule 32.1(a)(1)'."
Approval and Effective Date of Amendments Proposed April 26, 1976
Section 1 of
Effective Date of Pub. L. 95–78
"(a) The first section of this Act [set out as a note above] shall take effect on the date of the enactment of this Act [July 30, 1977].
"(b) Sections 2 and 3 of this Act [which amended