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 98 STAT. 1974

District of Columbia.

87 Stat. 784.

87 Stat. 816.

87 Stat. 788.

Resolutions.

Congress. 87 Stat. 813.

PUBLIC LAW 98-473—OCT. 12, 1984

maintaining the minimum level of essential activities necessary to protect life and property and bringing about orderly termination of other functions are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. SEC. 131. (a) Section 466(b) of the District of Columbia SelfGovernment and Governmental Reorganization Act (D.C. Code, sec. 47-246) is amended by striking out "sold before October 1, 1984," and inserting in lieu thereof "sold before October 1, 1985,". (b) Section 303(b) of the District of Columbia Self-Government and Governmental Reorganization Act is amended to read as follows: "(b) An amendment to the charter ratified by the registered electors shall take effect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date prescribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in accordance with the procedures specified in section 604 of this Act, disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 35-day period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law.". (c)(1) The second sentence of section 412(a) of such Act is amended to read as follows: "Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes.". (2) The last sentence of section 412(a) of such Act is amended to read as follows: "Resolutions shall be used (1) to express simple determinations, decisions, or directions of the Council of a special or temporary character; and (2) to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections, Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the University of the District of Columbia, or the Convention Center Board of Directors to the Council pursuant to an act. Such resolutions must be specifically authorized by that act and must be designed to implement that act.". (d) The second sentence of section 602(c)(1) of such Act is amended to read as follows: "Except as provided in paragraph (2), such act shall take effect upon the expiration of the 30-calendar-day period (excluding Saturdays, Sundays, and holidays, and any day on which neither House is in session because of an adjournment sine die, a recess of more than three days, or an adjournment of more than three days) beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate, or upon the date prescribed by such act, whichever is later, unless during such 30-day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 30-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law, subsequent to the expiration of such 30-day period, shall be deemed to have repealed such act, as of the date such resolution becomes law.". (e) The third sentence of section 602(c)(l) of such Act is amended by deleting "concurrent" and inserting in lieu thereof "joint".

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98 STAT. 1975

(f) The first sentence of section 602(c)(2) of such Act is amended to read as follows: "In the case of any such Act transmitted by the Chairman with respect to any Act codified in title 22, 23, or 24 of the District of Columbia Code, such act shall take effect at the end of the 60-day period beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate unless, during such 60-day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 60-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 60-day period shall be deemed to have repealed such act, as of the date such resolution becomes law.". (g) The second sentence of section 602(c)(2) is amended to read as follows: "The provisions of section 604, relating to an expedited procedure for consideration of joint resolutions, shall apply to a joint resolution disapproving such Act as specified in this paragraph.". (h) Section 604(b) of such Act is amended by deleting "concurrent" and inserting in lieu thereof "joint". (i) Subsections (b) and (c) of section 740 of such Act are amended by deleting in each such subsection the words "adoption of a resolution by either the Senate or the House of Representatives" and inserting in lieu thereof "enactment into law of a joint resolution by the Congress". (j) Section 740(d) of such Act is amended by deleting "approve a concurrent" and inserting in lieu thereof "enact into law a joint". (k) The amendments made by the preceding subsections of this section shall not be applicable with respect to any law, which was passed by the Council of the District of Columbia prior to the date of the enactment of this Act, and such laws are hereby deemed valid, in accordance with the provisions thereof notwithstanding such amendments. Any previous Act of the Council of the District of Columbia which has been disapproved by the Congress pursuant to section 602(c)(1) or section 602(c)(2) is hereby deemed null and void. (1) Part F of title VII of such Act is amended by adding at the end thereof the following new section:

Congress. 87 Stat. 813.

87 Stat. 816. 87 Stat. 830.

SEVERABILITY

"SEC. 762. If any particular provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.". (m) Section 164(a)(3) of the District of Columbia Retirement Reform Act is amended to read as follows: "(3)(A) The Congress may reject any filing under this section within thirty days of such filing by enacting into law a joint resolution stating that the Congress has determined— "(i) that such filing is incomplete for purposes of this part, or "(ii) that there is any material qualification by an accountant or actuary contained in an opinion submitted pursuant to section 162(a)(3)(A) or section 162(a)(4)(B). "(B) If the Congress rejects a filing under subparagraph (A) and if either a revised filing is not submitted within forty-five days after the enactment under subparagraph (A) rejecting the initial filing or such revised filing is rejected by the Congress by enactment into law

93 Stat. 891. Congress.

93 Stat. 885. Congress.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/816

 98 STAT. 1976

PUBLIC LAW 98-473—OCT. 12, 1984

of a joint resolution within thirty days after submission of the revised filing, then the Congress may, if it deems it is in the best interests of the participants, take any one or more of the following actions: "(i) Retain an independent qualified public accountant on behalf of the participants to perform an audit. "(ii) Retain an enrolled actuary on behalf of the participants to prepare an actuarial statement. The Board and the Mayor shall permit any accountant or actuary so retained to inspect whatever books and records of the Fund and the retirement program are necessary for performing such audit or preparing such statement. "(C) If a revised filing is rejected under subparagraph (B) or if a filing required under this title is not made by the date specified, no funds appropriated for the Fund with respect to which such filing was required as part of the Federal payment may be paid to the Fund until such time as an acceptable filing is made. For purposes of this subparagraph, a filing is unacceptable if, within thirty days of its submission, the Congress enacts into law a joint resolution disapproving such filing.". (n) The provisions of this section shall be effective hereafter without limitation as to fiscal year, notwithstanding any other provision of this joint resolution. Comprehensive Crime Control Act of 1984. 18 USC 1 note.

Bail Reform Act of 1984. 18 USC 3141 note.

TITLE II

.

This title may be cited as the "Comprehensive Crime Control Act of 1984." SEC. 201. Section 102 of this joint resolution (H.J. Res. 648) shall not apply with respect to the provisions enacted by this title. CHAPTER I—BAIL SEC. 202. This chapter may be cited as the "Bail Reform Act of 1984". SEC. 203. (a) Sections 3141 through 3151 of title 18, United States Code, are repealed and the following new sections are inserted in lieu thereof:

18 USC 3141.

"§ 3141. Release and detention authority generally "(a) PENDING TRIAL.—A judicial officer who is authorized to order the arrest of a person pursuant to section 3041 of this title shall order that an arrested person who is brought before him be released or detained, pending judicial proceedings, pursuant to the provisions of this chapter. "(b) PENDING SENTENCE OR APPEAL.—A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained pursuant to the provisions of this chapter.

18 USC 3142.

"§ 3142. Release or detention of a defendant pending trial "(a) IN GENERAL.—Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be—

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Page:United States Statutes at Large Volume 98 Part 2.djvu/817

 PUBLIC LAW 98-473—OCT. 12, 1984 "(1) released on his personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of subsection (b); "(2) released on a condition or combination of conditions pursuant to the provisions of subsection (c); "(3) temporarily detained to permit revocation of conditional release, deportation, or exclusion pursuant to the provisions of subsection (d); or "(4) detained pursuant to the provisions of subsection (e). "(b) RELEASE ON PERSONAL RECOGNIZANCE OR UNSECURED APPEAR-

ANCE BOND.—The judicial officer shall order the pretrial release of the person on his personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of his release, unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. (c) RELEASE ON CONDITIONS.—If the judicial officer determines that the release described in subsection (b) will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, he shall order the pretrial release of the person— "(1) subject to the condition that the person not commit a Federal, State, or local crime during the period of release; and "(2) subject to the least restrictive further condition, or combination of conditions, that he 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— "(A) remain in the custody of a designated person, who agrees to supervise him 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; "(B) maintain employment, or, if unemployed, actively seek employment; "(C) maintain or commence an educational program; "(D) abide by specified restrictions on his personal associations, place of abode, or travel; "(E) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; "(F) report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency; "(G) comply with a specified curfew; "(H) refrain from possessing a firearm, destructive device, or other dangerous weapon; "(I) 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 (21 U.S.C. 802), without a prescription by a licensed medical practitioner; "(J) undergo available medical or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;

98 STAT. 1977

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 98 STAT. 1978

PUBLIC LAW 98-473—OCT. 12, 1984

"(K) execute an agreement to forfeit upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the judicial officer may specify; "(L) execute a bail bond with solvent sureties in such amount as is reasonably necessary to assure the appearance of the person as required; "(M) return to custody for specified hours following release for employment, schooling, or other limited purposes; and "(N) 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. The judicial officer may not impose a financial condition that results in the pretrial detention of the person. The judicial officer may at any time amend his order to impose additional or different conditions of release. "(d) TEMPORARY DETENTION TO PERMIT REVOCATION OF CONDITIONAL RELEASE, DEPORTATION, OR EXCLUSION.—If the judicial officer

determines that— "(1) the 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 (8 U.S.C. 1101(a)(20)); and "(2) the person may flee or pose a danger to any other person or the community; he shall order the detention of the 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 the person into custody during that period, the 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), the person has the burden of proving to the court that he is a citizen of the United States or is lawfully admitted for permanent residence. "(e) DETENTION.—If, after a hearing pursuant to the provisions of subsection (f), the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the

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Page:Best Russian Short Stories.djvu/276

256 wouldn't believe it. But the rumour has already done its poisonous work, and you have to live through minutes of torture. Now picture to yourselves that such a disgraceful and vexatious slander, started by God knows whom, begins to threaten not only your good name and your quiet digestion, but your freedom, your health, and even your life!

"This is the position of us thieves, now being slandered by the newspapers. I must explain. There is in existence a class of scum—passez-moi le mot—whom we call their 'Mothers' Darlings.' With these we are unfortunately confused. They have neither shame nor conscience, a dissipated riff-raff, mothers' useless darlings, idle, clumsy drones, shop assistants who commit unskilful thefts. He thinks nothing of living on his mistress, a prostitute, like the male mackerel, who always swims after the female and lives on her excrements. He is capable of robbing a child with violence in a dark alley, in order to get a penny; he will kill a man in his sleep and torture an old woman. These men are the pests of our profession. For them the beauties and the traditions of the art have no existence. They watch us real, talented thieves like a pack of jackals after a lion. Suppose I've managed to bring off an important job—we won't mention the fact that I have to leave two-thirds of what I get to the receivers who sell the goods and discount the notes, or the customary subsidies to our incorruptible police—I still have to share out something to each one of these parasites, who have got wind of my job, by accident, hearsay, or a casual glance.

"So we call them Motients, which means 'half,' a corruption of moitié . . . Original etymology. I pay him only because he knows and may inform against me. And it mostly happens that even when he's got his share he runs off to the police in order to get another dollar. We, honest thieves. . . . Yes, you may laugh, gentlemen, but I repeat it: we honest thieves detest these reptiles. We have another name for them, a stigma of ignominy; but I dare not utter it here out of respect for the place and for my audience. Oh, yes, they would gladly accept an invitation to a pogrom. The thought that we may be confused with them is a


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Page:United States Statutes at Large Volume 98 Part 2.djvu/819

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98 STAT. 1979

community, he shall order the detention of the person prior to trial. In a case described in (f)(D, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if the judge finds that— "(1) the person has been convicted of a Federal offense that is described in subsection (f)(1), or of a State or local offense that would have been an offense described in subsection (f)(1) if a circumstance giving rise to Federal jurisdiction had existed; "(2) the offense described in paragraph (1) was committed while the person was on release pending trial for a Federal, State, or local offense; and date of conviction, or the release of the person from imprisonment, for the offense described in paragraph (1), 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 (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), section 1 of the Act of September 15, 1980 (21 U.S.C. 955a), or an offense under section 924(c) of title 18 of the United States Code. "(f) DETENTION HEARING.—The judicial officer shall hold a hearing to determine whether any condition or combination of conditions set forth in subsection (c) will reasonably assure the appearance of the person as required and the safety of any other person and the community in a case— "(1) upon motion of the attorney for the Government, 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 (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or section 1 of the Act of September 15, 1980 (21 U.S.C. 955a); or "(D) any felony committed after the person had been convicted of two or more prior offenses described in subparagraphs (A) through (C), or two or more State or local offenses that would have been offenses described in subparagraphs (A) through (C) if a circumstance giving rise to Federal jurisdiction had existed; or "(2) Upon motion of the attorney for the Government or upon the judicial officer's own motion, that involves— "(A) a serious risk that the person will flee; "(B) a serious risk that the 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
 * '(3) a period of not more than five years has elapsed since the

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Page:United States Statutes at Large Volume 98 Part 2.djvu/820

 98 STAT. 1980

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PUBLIC LAW 98-473—OCT. 12, 1984

attorney for the Government, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed five days, and a continuance on motion of the attorney for the Government may not exceed three days. During a continuance, the person shall be detained, and the judicial officer, on motion of the attorney for the Government or on his own motion, may order that, while in custody, a person who appears to be a narcotics addict receive a medical examination to determine whether he is an addict. At the hearing, the person has the right to be represented by counsel, and, if he is financially unable to obtain adequate representation, to have counsel appointed for him. The person shall be afforded an opportunity to testify, to present witnesses on his own behalf, to crossexamine 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 suppNorted by clear and convincing evidence. The person may be detained pending completion of the hearing. "(g) FACTORS TO B E CONSIDERED.—The judicial officer shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning— "(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) his 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, he 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)(2)(K) or (c)(2)(L), 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 gissure the appearance of the person as required. "(h) CONTENTS OF RELEASE ORDER.—In a release order issued pursuant to the provisions of subsection (b) or (c), the judicial officer shall— "(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

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Page:United States Statutes at Large Volume 98 Part 2.djvu/821

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1981

"(2) advise the person of^ r "(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) the provisions of sections 1503 of this title (relating to intimidation of witnesses, jurors, and officers of the court), 1510 (relating to obstruction of criminal investigations), 1512 (tampering with a witness, victim, or an informant), and 1513 (retaliating against a witness, victim, or an informant), "(i) CONTENTS OF DETENTION ORDER.—In a detention order issued pursuant to the provisions of subsection (e), the judicial officer shall— "(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 his 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) PRESUMPTION OF INNOCENCE.—Nothing in this section shall be construed as modifying or limiting the presumption of innocence. "§ 3143. Release or detention of a defendant pending sentence or appeal "(a) RELEASE OR DETENTION PENDING SENTENCE.—The judicial officer shall order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence, be detained, unless the judicial officer finds 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 pursuant to section 3142(b) or (c). If the judicial officer makes such a finding, he shall order the relesise of the person in accordance with the provisions of section 3142(b) or (c). "(b)

RELEASE OR DETENTION PENDING APPEAL BY THE DEFEND-

ANT.—The judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds— "(1) 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 pursuant to section 3142(b) or (c); and

18 USC 3143.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/822

 98 STAT. 1982

PUBLIC LAW 98-473—OCT. 12, 1984

"(2) that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial. If the judicial officer makes such findings, he shall order the release of the person in accordance with the provisions of section 3142(b) or (0. "(c) RELEASE OR DETENTION PENDING APPEAL BY THE GOVERN-

MENT.—The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States pursuant to the provisions of section 3731 of this title, in accordance with the provisions of section 3142, unless the defendant is otherwise subject to a release or detention order. 18 USC 3144.

18 USC app. 18 USC 3145.

28 USC 1291. 18 USC 3146.

"§ 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 subpena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure. "§ 3145. Review and appeal of a release or detention order "(a) REVIEW OF A RELEASE ORDER.—If a person is ordered released by a magistrate, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court— "(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) REVIEW OF A DETENTION ORDER.—If a person is ordered detained by a magistrate, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly. "(c) APPEAL FROM A RELEASE OR DETENTION ORDER.—An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of section 1291 of title 28 and section 3731 of this title. The appeal shall be determined promptly. "§ 3146. Penalty for failure to appear "(a) OFFENSE.—A person commits an offense if, after having been released pursuant to this chapter— "(1) he knowingly fails to appear before a court as required by the conditions of his release; or

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98 STAT. 1983

"(2) he knowingly fails to surrender for service of sentence pursuant to a court order. "(b) GRADING.—If the person was released— "(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. "(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a

prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances cesised to exist. "(d) DECLARATION OF FORFEITURE.—If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to section 3142(b) or is subject to the release condition set forth in section 3142(c)(2)(K) or (c)(2)(L), the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the United States. "§ 3147. Penalty for an offense committed while on release 18 USC 3147. "A person convicted of an offense committed while released pursuant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to— "(1) a term of imprisonment of not less than two years and not more than ten years if the offense is a felony; or "(2) a term of imprisonment of not less than ninety days and not more than one year if the offense is a misdemeanor. A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. "§ 3148. Sanctions for violation of a release condition 18 USC 3148. "(a) AVAILABLE SANCTIONS.—A person who has been released pursuant to the provisions of section 3142, and who has violated a condition of his releeise, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court. "(b) REVOCATION OF RELEASE.—The attorney for the Government may initiate a proceeding for revocation of an order of release by

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Page:United States Statutes at Large Volume 98 Part 2.djvu/824

 98 STAT. 1984

is use 3149.

isuSCapp.

18 USC 3150.

PUBLIC LAW 98-473—OCT. 12, 1984

filing a motion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which his arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of his release that he not commit a Federal, State, or local crime during the period of release shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— "(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 his release; and "(2) finds that— "(A) based on the factors set forth in section 3142(g), there is no condition or combination of 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; or "(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, he shall treat the person in accordance with the provisions of section 3142 and may amend the conditions of release accordingly. "(c) PROSECUTION FOR CONTEMPT.—The judge may commence a prosecution for contempt, pursuant to the provisions of section 401, if the person has violated a condition of his release"§ 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. "§ 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.'. (b) Section 3154 of title 18, United States Code, is amended— (1) in subsection (1), by striking out "and recommend appropriate release conditions for each such person" and inserting in lieu thereof "and, where appropriate, include a recommenda-

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Page:United States Statutes at Large Volume 98 Part 2.djvu/825

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1985

tion as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release"; and (2) in subsection (2), by striking out "section 3146(e) or section 3147" and inserting in lieu thereof "section 3145". (c) Section 3156(a) of title 18, United States Code, is amended— (1) by striking out "3146" and inserting in lieu thereof "3141"; (2) in paragraph (1)— (A) by striking out "bail or otherwise" and inserting in lieu thereof "detain or"; and (B) by deleting "and" at the end thereof; (3) in paragraph (2), by striking out the period at the end and inserting in lieu thereof "; and"; (4) by adding after paragraph (2) the following new paragraphs: "(3) The term 'felony' means an offense punishable by a maximum term of imprisonment of more than one year; and "(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; or "(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."; and (5) in subsection (b)(1), by striking out "bail or otherwise" and inserting in lieu thereof "detain or'. (d) The item relating to chapter 207 in the analysis of part II of title 18, United States Code, is amended to read as follows: "207. Release and detention pending judicial proceedings

,t ^

"

3141".

(e)(1) The caption of chapter 207 is amended to read as follows:

"CHAPTER 207—RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS". (2) The section analysis for chapter 207 is amended by striking out the items relating to sections 3141 through 3151 and inserting in lieu thereof the following: "3141. "3142. "3143. "3144. "3145. "3146. "3147. "3148. "3149. "3150.

Release and detention authority generally. Release or detention of a defendant pending trial. Release or detention of a defendant pending sentence or appeal. Release or detention of a material witness. Review and appeal of a release or detention order. Penalty for failure to appear. Penalty for an offense committed while on release. Sanctions for violation of a release condition. Surrender of an offender by a surety. Applicability to a case removed from a State court.".

SEC. 204. Chapter 203 of title 18, United States Code, is amended as follows: (a) The last sentence of section 3041 is amended by striking out "determining to hold the prisoner for trial" and inserting in lieu thereof "determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial". (b) The second paragraph of section 3042 is amended by striking out "imprisoned or admitted to bail" and inserting in lieu thereof

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/826

 98 STAT. 1986

Repeal. 18 USC 3043. 18 USC 3062. Ante, pp. 1976, 1985.

PUBLIC LAW 98-473—OCT. 12, 1984

"detained or conditionally released pursuant to section 3142 of this title". (c) Section 3043 is repealed. (d) The following new section is added after section 3061: "§ 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 chapter 207 if the officer has reasonable grounds to believe that the person is violating, in his presence, a condition imposed on the person pursuant to section 3142(c)(2)(D), (c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(c)(2)(J)-". (e) The section analysis is amended— (1) by amending the item relating to section 3043 to read as follows: "3043. Repealed."; and

(2) by adding the following new item after the item relating to section 3061: "3062. General arrest authority for violation of release conditions.".

18 USC app.

Ante, pp. 1976, 1985.

SEC. 205. Section 3731 of title 18, United States Code, is amended by adding after the second paragraph the following new paragraph: "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.". SEC. 206. The second paragraph of section 3772 of title 18, United States Code, is amended by striking out "bail" and inserting in lieu thereof "release pending appeal," SEC. 207. Section 4282 of title 18, United States Code, is amended— (a) by striking out "and not admitted to bail" and substituting "and detained pursuant to chapter 207"; and Qy) by striking out "and unable to make bail". SEC. 208. Section 636 of title 28, United States Code, is amended by striking out "impose conditions of release under section 3146 of title 18" and inserting in lieu thereof "issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial". SEC. 209. The Federal Rules of Criminal Procedure are amended as follows: (a) Rule 5(c) is amended by striking out "shall admit the defendant to bail" and inserting in lieu thereof "shall detain or conditionally release the defendant". (b) The second sentence of rule 15(a) is amended by striking out "committed for failure to give bail to appear to testify at a trial or hearing" and inserting in lieu thereof "detained pursuant to section 3144 of title 18, United States Code". (c) Rule 40(0 is amended to read as follows: "(0 RELEASE OR DETENTION.—If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United States Code, in another district where a warrant, information, or

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text:
Author:Thomas Henry Kendall

Collections

 * Poems and Songs (1862)
 * Leaves from Australian Forests (1869)
 * Songs from the Mountains (1880)
 * The Poems of Henry Kendall (1920)

1850-1859

 * "The Far Future" (1859)

1860-1869

 * "Christmas Morning in the Bush" (1860)
 * "The Curlew Song" (1860)
 * "Fainting by the Way" (1861)
 * "Urara" (1862)
 * "Evening Hymn" (1862)
 * "Stanzas" (1862)
 * "Harps We Love" (1862)
 * "Waiting and Wishing" (1862)
 * "The Wild Kangaroo" (1862)
 * "After the Hunt" (1862)
 * "Caroline Chisholm" (1862)
 * "By the Sea" (1863)
 * "Mountain Moss" (1863)
 * "Rest" (1863)
 * "To my Brother, Basil E. Kendall" (1863)
 * "Faith in God" (1864)
 * "Ghost Glen" (1864)
 * "The Last of His Tribe" (1864)
 * "Daniel Henry Deniehy" (1865)
 * "The Glen of the White Man's Grave" (1865) (aka "The Glen of Arrawatta")
 * "Campaspe" (1866)
 * "Sitting by the Fire" (1866) (aka "Song")
 * "The Voyage of Telegonus" (1866)
 * "Bell-Birds" (1867)
 * "Coogee" (1867)
 * "Illa Creek" (1867)
 * "September in Australia" (1867)
 * "The Warrigal" (1867)
 * "Charles Harpur" (1868)
 * "A Death in the Bush" (1868)
 * "Syrinx" (1868)
 * "Aboriginal Death-Song" (1869)
 * "Galatea" (1869)
 * "The Hut by the Black Swamp" (1869)
 * "Dedication" (1869)
 * "Prefatory Sonnets: I" (1869)
 * "Prefatory Sonnets: II" (1869)
 * "Rose Lorraine" (1869)
 * "Daphne" (1869)
 * "Euroclydon" (1869)
 * "At Euroma" (1869)

1870-1879

 * "Camped by the Creek" (1870)
 * "The Late A. L. Gordon : In Memoriam" (1870)
 * "Basil Moss" (1872)
 * "Sydney Harbour" (1872)
 * "Rover" (1874)
 * "Song of the Shingle-Splitters" (1874)
 * "The Voice in the Native Oak" (1874)
 * "Mooni" (1875)
 * "Bill the Bullock-Driver" (1876)
 * "Kingsborough" (1876)
 * "Ode to a Black Gin" (1877) - aka "Black Lizzie"
 * "Names Upon a Stone" (1878)
 * "Narrara Creek" (1878)
 * "Araluen" (1879)
 * "Hy-Brasil" (1879)
 * "Mary Rivers" (1879)
 * "On a Street" (1879)
 * "Orara" (1879)
 * "The Sydney International Exhibition" (1879), including "Hymn of Praise"
 * "In Memory of Edward Butler"
 * "On a Baby Buried by the Hawkesbury"
 * "Heath from the Highlands"
 * "A Birthday Trifle"
 * "Frank Denz"
 * "Sydney Exhibition Cantata"

1880-

 * "Leichhardt" (1880)
 * "The Song of Ninian Melville" (1880)
 * "Dedication: To a Mountain" (1880)
 * "Beyond Kerguelen" (1880)
 * "After Many Years" (1880)
 * "How the Melbourne Cup Was Won" (1881)
 * "In Memoriam : Marcus Clarke" (1881)
 * "The Austral Months" (1881)
 * "January" (1881)
 * "February" (1881)
 * "March" (1881)
 * "April" (1881)
 * "May" (1881)
 * "June" (1881)
 * "July" (1881)
 * "August" (1881)
 * "September" (1881)
 * "October" (1881)
 * "November" (1881)
 * "December" (1881)
 * "Outre Mer" (1886)

Works about Kendall

 * Facts and Fancies about Our "Son of the Woods", Henry Clarence Kendall and his Poetry (1920)
 * Facts and Fancies about Our "Son of the Woods", Henry Clarence Kendall and his Poetry (1920)
 * Facts and Fancies about Our "Son of the Woods", Henry Clarence Kendall and his Poetry (1920)
 * Facts and Fancies about Our "Son of the Woods", Henry Clarence Kendall and his Poetry (1920)

title: Author:Thomas Henry Kendall


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/827

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1987

indictment issued, the Federal magistrate shall take into account the decision previously made and the reasons set forth therefor, if any, but will not be bound by that decision. If the Federal magistrate amends the release or detention decision or alters the conditions of release, he shall set forth the reasons for his action in writing.". 18 USC app. (d) Rule 46 is amended— (1) in subdivision (a), by striking out "§ 3146, § 3148, or § 3149" and inserting in lieu thereof "§§ 3142 and 3144"; (2) in subdivision (c), by striking out "3148" and inserting in lieu thereof "3143"; (3) by amending subdivision (e)(2) to read as follows: "(2) SETTING ASIDE.—The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture."; and (4) by adding the following new subdivision at the end thereof: "(h) FORFEITURE OF PROPERTY.—

"Nothing in this rule or in chapter 207 of title 18, United States Code, shall prevent the court from disposing of any charge by entering an order directing forfeiture of property pursuant to 18 U.S.C. 3142(c)(2)(K) if the value of the property is an amount that would be an appropriate sentence after conviction of the offense charged and if such forfeiture is authorized by statute or regulation.". (e) Rule 54(b)(3) is amended by striking out "under 18 U.S.C. § 3043, and". SEC. 210. Rule 9(c) of the Federal Rules of Appellate Procedure is amended by striking out "3148" and inserting in lieu thereof "3143", and following the word "community", inserting "and that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or in an order for a new trial". " CHAPTER II—SENTENCING REFORM SEC. 211. This chapter may be cited as the "Sentencing Reform Act of 1984". SEC. 212. (a) Title 18 of the United States Code is amended by— (1) redesignating sections 3577, 3578, 3579, 3580, 3611, 3612, 3615, 3617, 3618, 3619, 3620, and 3656 as sections 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672 of a new chapter 232 of title 18 of the United States Code, respectively; (2) repealing chapters 227, 229, and 231 and substituting the following new chapters:

"CHAPTER 227—SENTENCES "Subchapter "A. General Provisions "B. Probation "C. Fines "D. Imprisonment

3551 3561 3571 3581

Ante, pp. 1976, 1985.

18 USC app. 28 USC app.

Sentencing Reform Act of 1984. 18 USC 3551 note.

Post, p. 2175. Repeals. 18 USC 3561 et seq., 3611 et seq., 3651 et seq.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/828

 98 STAT. 1988

PUBLIC LAW 98-473—OCT. 12, 1984

"SUBCHAPTER A—GENERAL PROVISIONS "Sec. "3551. Authorized sentences. "3552. Presentence reports. "3553. Imposition of a sentence. "3554. Order of criminal forfeiture. "3555. Order of notice to victims. "3556. Order of restitution. "3557. Review of a sentence. "3558. Implementation of a sentence. "3559. Sentencing classification of offenses.

"SUBCHAPTER A—GENERAL PROVISIONS 18 USC 3551.

Post, p. 1992. Post, p. 1995. Post, p. 1998.

"§ 3551. Authorized sentences "(a) IN GENERAL.—Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. "(b) INDIVIDUALS.—An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— "(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) ORGANIZATIONS.—An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— "(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.

18 USC 3552.

"§ 3552. Presentence reports

18 USC app.

CER.—A United States probation officer shall make a presentence investigation of a defendant that is required pursuant to the provisions of Rule 32(c) of the Federal Rules of Criminal Procedure, and shall, before the imposition of sentence, report the results of the investigation to the court,

"(a) PRESENTENCE INVESTIGATION AND REPORT BY PROBATION OFFI-

"(b) PRESENTENCE STUDY AND REPORT BY BUREAU OF PRISONS.—If

I

the court, before or after its receipt of a report specified in subsection (a) or (c), desires more information than is otherwise available to it as a basis for determining the sentence to be imposed on a defendant found guilty of a misdemeanor or felony, it may order a study of the defendant. The study shall be conducted in the local community by qualified consultants unless the sentencing judge finds that there is a compelling reason for the study to be done by the Bureau of Prisons or there are no adequate professional resources available in the local community to perform the study. The period of the study shall take no more than sixty days. The order shall specify the additional information that the court needs before

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Page:United States Statutes at Large Volume 98 Part 2.djvu/829

 PUBLIC LAW 98-473—OCT. 12, 1984 determining the sentence to be imposed. Such an order shall be treated for administrative purposes as a provisional sentence of imprisonment for the maximum term authorized by section 3581(b) for the offense committed. The study shall inquire into such matters as are specified by the court and any other matters that the Bureau of Prisons or the professional consultants believe are pertinent to the factors set forth in section 3553(a). The period of the study may, in the discretion of the court, be extended for an additional period of not more than sixty days. By the expiration of the period of the study, or by the expiration of any extension granted by the court, the United States marshal shall return the defendant to the court for final sentencing. The Bureau of Prisons or the professional consultants shall provide the court with a written report of the pertinent results of the study and make to the court whatever recommendations the Bureau or the consultants believe will be helpful to a proper resolution of the case. The report shall include recommendations of the Bureau or the consultants concerning the guidelines and policy statements, promulgated by the Sentencing Commission pursuant to 28 U.S.C. 994(a), that they believe are applicable to the defendant's case. After receiving the report and the recommendations, the court shall proceed finally to sentence the defendant in accordance with the sentencing alternatives and procedures available under this chapter.

98 STAT. 1989

Expiration date,

Post, p. 2019.

"(c) PRESENTENCE EXAMINATION AND REPORT BY PSYCHIATRIC OR PSYCHOLOGICAL EXAMINERS.—If the court, before or after its receipt

of a report specified in subsection (a) or (b) desires more information than is otherwise available to it as a basis for determining the mental condition of the defendant, it may order that the defendant undergo a psychiatric or psychological examination and that the court be provided with a written report of the results of the examination pursuant to the provisions of section 4247. "(d) DISCLOSURE OF PRESENTENCE REPORTS.—The court shall assure that a report filed pursuant to this section is disclosed to the defendant, the counsel for the defendant, and the attorney for the Government at least ten days prior to the date set for sentencing, unless this minimum period is waived by the defendant. "§ 3553. Imposition of a sentence "(a) FACTORS TO B E CONSIDERED IN IMPOSING A SENTENCE.—The

court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider— "(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 the applicable category of offense committed by the

18 USC 3553.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/830

 98 STAT. 1990 Post, p. 2019.

PUBLIC LAW 98-473—OCT. 12, 1984 applicable category of defendant as set forth in the guidelines that are issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and that are in effect on the date the defendant is sentenced; "(5) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date the defendant is sentenced; and "(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. "(b) APPLICATION OF GUIDELINES IN IMPOSING A SENTENCE.—The

court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that an aggravating or mitigating circumstance exists that was not adequately taken into consideration by the Sentencing Commission in formulating the guidelines and that should result in a sentence different from that described. "(c)

STATEMENT OF REASONS FOR IMPOSING A SENTENCE.—The

court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence— "(1) is of the kind, and within the range, described in subsection (a)(4), 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 sentence does not include an order of restitution, the court shall include in the statement the reason therefor. The clerk of the court shall provide a transcription 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) PRESENTENCE PROCEDURE FOR AN ORDER OF NOTICE OR RESTI-

TUTION.—Prior to imposing an order of notice pursuant to section 3555, or an order of restitution pursuant to section 3556, the court shall give notice to the defendant and the Government that it is considering imposing such an order. Upon motion of the defendant or the Government, or on its own motion, the court shall— "(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. 18 USC 3554.

"§ 3554. Order of criminal forfeiture "The court, in imposing a sentence on a defendant who has been found guilty of an offense described in section 1962 of this title or in title II or III of the Comprehensive Drug Abuse Prevention and 21 USC 801, 951. Control Act of 1970 shall order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defend-

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/831

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1991

ant forfeit property to the United States in accordance with the provisions of section 1963 of this title or section 413 of the Comprehensive Drug Abuse and Control Act of 1970.

Post, p. 2044.

"§ 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.

18 USC 3555.

"§ 3556. Order of restitution "The court, in imposing a sentence on a defendant who has been found guilty of an offense under this title, or an offense under section 902(h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant make restitution to any victim of the offense in accordance with the provisions of sections 3663 and 3664.

18 USC 3556.

"§ 3557. Review of a sentence "The review of a sentence imposed pursuant to section 3551 is governed by the provisions of section 3742. "§ 3558. Implementation of a sentence "The implementation of a sentence imposed pursuant to section 3551 is governed by the provisions of chapter 229. "§ 3559. Sentencing classification of offenses "(a) CLASSIFICATION.—An offense that is not specifically classified by a letter grade in the section defining it, is classified— "(1) if the maximum term of imprisonment authorized is— "(A) life imprisonment, or if the maximum penalty is death, as a Class A felony; "(B) twenty years or more, as a Class B felony; "(C) less than twenty years but ten or more years, as a Class C felony; "(D) less than ten years but five or more years, as a Clsiss D felony; "(E) less than five years but more than one year, as a Class E felony; "(F) one year or less but more than six months, as a Class A misdemeanor; "(G) six months or less but more than thirty days, as a Class B misdemeanor; "(H) thirty days or less but more than five days, as a Class C misdemeanor; or

49 USC app. 1472.

18 USC 3557. Post, p. 2011. 18 USC 3558. Post, p. 2001. 18 USC 3559.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/832

 98 STAT. 1992

PUBLIC LAW 98-473—OCT. 12, 1984

"(I) five days or less, or if no imprisonment is authorized, as an infraction. "(b) EFFECT OF CLASSIFICATION.—An offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation except that: "(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. "SUBCHAPTER B—PROBATION "Sec. "3561. Sentence of probation. "3562. Imposition of a sentence of probation. "3563. Conditions of probation. "3564. Running of a term of probation. "3565. Revocation of probation. "3566. Implementation of a sentence of probation.

^^

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18 USC 3561.

R,'

18 USC 3562.

"SUBCHAPTER B—PROBATION "§ 3561. Sentence of probation "(a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to a term of probation unless— "(1) the offense is a Class A or Class B felony; "(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. The liability of a defendant for any unexecuted fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation. "(b) AUTHORIZED TERMS.—The authorized terms of probation are— "(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. "§ 3562. Imposition of a sentence of probation "(a) FACTORS TO B E CONSIDERED IN IMPOSING A TERM OF PROBA-

Post, p. 2015. Post, p. 2011.

TION.—The court, in determining whether to impose a term of probation, and, if a term of probation is to be imposed, in determining the length of the term and the conditions of probation, shall consider the factors set forth in section 3553(a) to the extent that they are applicable. "(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence of probation can subsequently be— "(1) modified or revoked pursuant to the provisions of section 3564 or 3565; "(2) corrected pursuant to the provisions of rule 35 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. .,....» ...,„.4

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/833

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1993

"§ 3563. Conditions of probation "(a) MANDATORY CONDITIONS.—The court shall provide, as an explicit condition of a sentence of probation— "(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; and "(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). If the court has imposed and ordered execution of a fine and placed the defendent on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation. "(b) DISCRETIONARY CONDITIONS.—The court may provide, as further conditions of a sentence of probation, to the extent that such conditions are reasonably related to the factors set forth in section 3553 (a)(1) and (a)(2) and to the extent that such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that the defendant— "(1) support his dependents and meet other family responsibilities; "(2) pay a fine imposed pursuant to the provisions of subchapter C; "(3) make restitution to a victim of the offense pursuant to the provisions of section 3556; "(4) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555; "(5) work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment; "(6) 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; "(7) refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons; "(8) 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 (21 U.S.C. 802), without a prescription by a licensed medical practitioner; "(9) refrain from possessing a firearm, destructive device, or other dangerous weapon; "(10) 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; "(11) 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 in section 3581(b), during the first year of the term of probation; "(12) reside at, or participate in the program of, a community corrections facility for all or part of the term of probation; "(13) work in community service as directed by the court;

31-194 - 0 - 86 - 27: QL. 3 Part 2

18 USC 3563.

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 98 STAT. 1994

PUBLIC LAW 98-473—OCT. 12, 1984

"(14) reside in a specified place or area, or refrain from residing in a specified place or area; "(15) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer; "(16) report to a probation officer as directed by the court or the probation officer; "(17) permit a probation officer to visit him at his home or elsewhere as specified by the court; "(18) answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment; "(19) notify the probation officer promptly if arrested or questioned by a law enforcement officer; or "(20) satisfy such other conditions as the court may impose. "(c) MODIFICATIONS OF CONDITIONS.—The court may, after a hearing, modify, reduce, or enlarge the conditions of a sentence of probation at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the conditions of probation. "(d) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the sentence is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required. 18 USC 3564.

"§ 3564. Running of a term of probation "(a) COMMENCEMENT.—A term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court. "(b) CONCURRENCE WITH OTHER SENTENCES.—Multiple terms of probation, whether imposed at the same time or at different times, run concurrently with each other. A term of probation runs concurrently with any Federal, State, or local term of probation, or supervised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation, except that it does not run during any period in which the defendant is imprisoned for a period of at least thirty consecutive days in connection with a conviction for a Federal, State, or local crime. "(c) EARLY TERMINATION.—The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. "(d) EXTENSION.—The court may, after a hearing, extend a term of probation, if less than the maximum authorized term was previously imposed, at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation. "(e) SUBJECT TO REVOCATION.—A sentence of probation remains conditional and subject to revocation until its expiration or termination.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/835

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1995

"§ 3565. Revocation of probation Post, p. 2039. "(a) CONTINUATION OR REVOCATION.—If the defendant violates a ^^ ^sc 3565. condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, 18 USC app. and after considering the factors set forth in section 3553(a) to the extent that they are applicable— "(1) continue him on probation, with or without extending the term of modifying or enlarging the conditions; or "(2) revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing. "(b) DELAYED REVOCATION.—The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the adjudication of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. "§ 3566. Implementation of a sentence of probation 18 USC 8566. "The implementation of a sentence of probation is governed by the provisions of subchapter A of chapter 229. Post, p. 2001. "SUBCHAPTER C—FINES "Sec. "3571. "3572. "3573. "3574.

Sentence of fine. Imposition of a sentence of fine. Modification or remission of fine. Implementation of a sentence of fine.

'

"SUBCHAPTER C—FINES "§ 3571. Sentence of fine "(a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine. "(b) AUTHORIZED FINES.—Except as otherwise provided in this chapter, the authorized fines are— "(1) if the defendant is an individual— "(A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $250,000; "(B) for any other misdemeanor, not more than $25,000; and • "(C) for an infraction, not more than $1,000; and "(2) if the defendant is an organization— "(A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $500,000; "(B) for any other misdemeanor, not more than $100,000; and "(C) for an infraction, not more than $10,000.

18 USC 3571.

"§ 3572. Imposition of a sentence of fine "(a) FACTORS To B E CONSIDERED IN IMPOSING FINE.—The court, in determining whether to impose a fine, and, if a fine is to be imposed, in determining the amount of the fine, the time for payment, and the method of payment, shall consider—

18 USC 3572.

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 98 STAT. 1996

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Post, p. 2015. Post, p. 2011.

c-'

PUBLIC LAW 98-473—OCT. 12, 1984

"(1) the factors set forth in section 3553(a), to the extent they are applicable, including, with regard to the characteristics of the defendant under section 3553(a), the ability of the defendant to pay the fine in view of the defendant's income, earning capacity, and financial resources and, if the defendant is an organization, the size of the organization; "(2) the nature of the burden that payment of the fine will impose on the defendant, and on any person who is financially dependent upon the defendant, relative to the burden which alternative punishments would impose; "(3) any restitution or reparation made by the defendant to the victim of the offense, and any obligation imposed upon the defendant to make such restitution or reparation to the victim of the offense; "(4) if the defendant is an organization, any measure taken by the organization to discipline its employees or agents responsible for the offense or to insure against a recurrence of such an offense; and "(5) any other pertinent equitable consideration. "(b) LIMIT ON AGGREGATE OF MULTIPLE FINES.—Except as otherwise expressly provided, the aggregate of fines that a court may impose on a defendant at the same time for different offenses that arise from a common scheme or plan, and that do not cause separable or distinguishable kinds of harm or damage, is twice the amount imposable for the most serious offense. "(c) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence to pay a fine can subsequently be— "(1) modified or remitted pursuant to the provisions of section 3573; "(2) corrected pursuant to the provisions of rule 35 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. "(d) TIME AND METHOD OF PAYMENT.—Payment of a fine is due immediately unless the court, at the time of sentencing— "(1) requires payment by a date certain; or "(2) establishes an installment schedule, the specific terms of which shall be fixed by the court. "(e) ALTERNATIVE SENTENCE PRECLUDED.—At the time a defendant is sentenced to pay a fine, the court may not impose an alternative sentence to be served in the event that the fine is not paid. "(f) INDIVIDUAL RESPONSIBILITY FOR PAYMENT.—If a fine is imposed on an organization, it is the duty of each individual authorized to make disbursement of the assets of the organization to pay the fine from assets of the organization. If a fine is imposed on an agent or shareholder of an organization, the fine shall not be paid, directly or indirectly, out of the assets of the organization, unless the court finds that such payment is expressly permissible under applicable State law. "(g) RESPONSIBILITY TO PROVIDE CURRENT ADDRESS.—At the time of imposition of the fine, the court shall order the person fined to provide the Attorney General with a current mailing address for the entire period that any part of the fine remains unpaid. Failure to provide the Attorney General with a current address or a change in address shall be punishable as a contempt of court.

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1997

"(h) STAY OF FINE PENDING APPEALS.—Unless exceptional circumstances exist, if a sentence to pay a fine is stayed pending appeal, the court granting the stay shall include in such stay— "(1) a requirement that the defendant, pending appeal, to deposit the entire fine amount, or the amount due under an installment schedule, during the pendency of an appeal, in an escrow account in the registry of the district court, or to give bond for the payment thereof; or "(2) an order restraining the defendant from transferring or dissipating assets found to be sufficient, if sold, to meet the defendant s fine obligation. "(i) DELINQUENT FINE.—A fine is delinquent if any portion of such fine is not paid within thirty days of when it is due, including any fines to be paid pursuant to an installment schedule. "(j) DEFAULT.—A fine is in default if any portion of such fine is more than ninety days delinquent. When a criminal fine is in default, the entire amount is due with thirty days of notification of the default, notwithstanding any installment schedule. "§ 3573. Modification or remission of fine

18 USC 3573.

"(a) PETITION FOR MODIFICATION OR REMISSION.—A defendant who

has been sentenced to pay a fine, and who— "(1) can show a good faith effort to comply with the terms of the sentence and concerning whom the circumstances no longer exist that warranted the imposition of the fine in the amount imposed or payment by the installment schedule, may at any time petition the court for— "(A) an extension of the installment schedule, not to exceed two years except in case of incarceration or special circumstances; or "(B) a remission of all or part of the unpaid portion including interest and penalties; or "(2) has voluntarily made restitution or reparation to the victim of the offense, may at any time petition the court for a remission of the unpaid portion of the fine in an amount not exceeding the amount of such restitution or reparation. Any petition filed pursuant to this subsection shall be filed in the court in which sentence was originally imposed, unless that court transfers jurisdiction to another court. The petitioner shall notify the Attorney General that the petition has been filed within ten working days after filing. For the purposes of clause (1), unless exceptional circumstances exist, a person may be considered to have made a good faith effort to comply with the terms of the sentence only after payment of a reeisonable portion of the fine. "(b) ORDER OF MODIFICATION OR REMISSION.—If, after the filing of a petition as provided in subsection (a), the court finds that the circumstances warrant relief, the court may enter an appropriate order, in which case it shall provide the Attorney General with a copy of such order. "§ 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 chapter 229.

''

18 USC 3574. Post, p. 2004.

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 98 STAT. 1998

PUBLIC LAW 98-473—OCT. 12, 1984 "SUBCHAPTER D—IMPRISONMENT

"Sec. "3581. Sentence of imprisonment. "3582. Imposition of a sentence of imprisonment. "3583. Inclusion of a term of supervised release after imprisonment. "3584. Multiple sentences of imprisonment. "3585. Calculation of a term of imprisonment. "3586. Implementation of a sentence of imprisonment.

"SUBCHAPTER D—IMPRISONMENT 18 USC 3581.

"§ 3581. Sentence of imprisonment "(a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to a term of imprisonment. "(b) AUTHORIZED TERMS.—The authorized terms of imprisonment are— "(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.

18 USC 3582.

"§ 3582. Imposition of a sentence of imprisonment

Post, p. 2019.

MENT.—The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2). "(b) EFFECT OF FINAUTY OF JUDGMENT.—Notwithstanding the fact that a sentence to imprisonment can subsequently be— "(1) modified pursuant to the provisions of subsection (c); "(2) corrected pursuant to the provisions of rule 35 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.

"(a) FACTORS TO B E CONSIDERED IN IMPOSING A TERM OF IMPRISON-

Post, p. 2015. Post, p. 2011.

"(c) MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT.—The

court may not modify a term of imprisonment once it has been imposed except that— "(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

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 PUBLIC LAW 98-473—OCT. 12, 1984 extent that they are applicable, if it finds that extraordinary and compelling reasons warrant such a reduction 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 28 U.S.C. 994(n), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.

98 STAT. 1999

Post, p. 2015.

Post, p. 2019.

"(d) INCLUSION OF AN ORDER TO LIMIT CRIMINAL ASSOCIATION OF ORGANIZED CRIME AND DRUG OFFENDERS.—The court, in imposing a

sentence to a term of imprisonment upon a defendant convicted of a felony set forth in chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations) of this title or in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon motion by the Director of the Bureau of Prisons or a United States attorney, may include as a part of the sentence an order that requires that the defendant not associate or communicate with a specified person, other than his attorney, upon a showing of probable cause to believe that association or communication with such person is for the purpose of enabling the defendant to control, manage, direct, finance, or otherwise participate in an illegal enterprise. "§ 3583. Inclusion of a term of supervised release after imprisonment "(a) IN GENERAL.—The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment. "(b) AUTHORIZED TERMS OF SUPERVISED RELEASE.—The authorized terms of supervised release are— "(1) for a Class A or Class B felony, not more than three years; "(2) for a Class C or Class D felony, not more than two years; and "(3) for a Class E felony, or for a misdemeanor, not more than one year. "(c) FACTORS TO B E CONSIDERED IN INCLUDING A TERM OF SUPER-

VISED RELEASE.—The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(D), (a)(4), (a)(5), and (a)(6). "(d) CONDITIONS OF SUPERVISED RELEASE.—The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision. The court may order, as a further condition of supervised release, to the extent that such condition— "(1) is reasonably related to the factors set forth in section 3553 (a)(1), (a)(2)(B), and (a)(2)(D);

18 USC 3583.

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 ^8 STAT. 2000

Post, p. 2019.

18 USC 3584.

PUBLIC LAW 98-473—OCT. 12, 1984

"(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)(B) and (a)(2)(D); and "(3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a); any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(19), 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) MODIFICATION OF TERM OR CONDITIONS.—The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(D), (a)(4), (a)(5), and (a)(6)"(1) terminate a term of supervised release previously ordered and discharge the person released at any time after the expiration of one year of supervised release, if it is satisfied that such action is warranted by the conduct of the person released and the interest of justice; "(2) after a hearing, 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 applicable to the initial setting of the terms and conditions of postrelease supervision; or "(3) treat a violation of a condition of a term of supervised release as contempt of court pursuant to section 401(3) of this title. "(f) WRITTEN STATEMENT OF CONDITIONS.—The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required. "§ 3584. Multiple sentences of imprisonment "(a) IMPOSITION OF CONCURRENT OR CONSECUTIVE TERMS.—If multi-

ple terms of imprisonment are imposed on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is already subject to an undischarged term of imprisonment, the terms may run concurrently or consecutively, except that the terms may not run consecutively for an attempt and for another offense that was the sole objective of the attempt. Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively. Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently. "(b) FACTORS TO B E CONSIDERED IN IMPOSING CONCURRENT OR CONSECUTIVE TERMS.—The court, in determining whether the terms

imposed are to be ordered to run concurrently or consecutively, shall consider, as to each offense for which a term of imprisonment is being imposed, the factors set forth in section 3553(a). "(c) TREATMENT OF MULTIPLE SENTENCE AS AN AGGREGATE.—Mul-

tiple terms of imprisonment ordered to run consecutively or concur-

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 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2001

rently shall be treated for administrative purposes as a single, aggregate term of imprisonment. "§ 3585. Calculation of a term of imprisonment "(a) COMMENCEMENT OF SENTENCE.—A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served. "(b) CREDIT FOR PRIOR CUSTODY.—A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences— "(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. "§ 3586. Implementation of a sentence of imprisonment "The implementation of a sentence of imprisonment is governed by the provisions of subchapter C of chapter 229 and, if the sentence includes a term of supervised release, by the provisions of subchapter A of chapter 229.

18 USC 3585.

18 USC 3586. Post, p. 2007.

"CHAPTER 229—POSTSENTENCE ADMINISTRATION "Subchapter "A. Probation "B. Fines "C. Imprisonment

3601 3611 3621 "SUBCHAPTER A—PROBATION

"3601. Supervision of probation. "3602. Appointment of probation officers. "3603. Duties of probation officers. "3604. Transportation of a probationer. "3605. Transfer of jurisdiction over a probationer. "3606. Arrest and return of a probationer. "3607. Special probation and expungement procedures for drug possessor.

"SUBCHAPTER A—PROBATION "§ 3601. Supervision of probation 18 USC 3601. "A person who has been sentenced to probation pursuant to the provisions of subchapter B of chapter 227, or placed on probation Ante, p. 1992. pursuant to the provisions of chapter 403, or placed on supervised 18 USC 5031 et release pursuant to the provisions of section 3583, shall, during the seq. term imposed, be supervised by a probation officer to the degree warranted by the conditions specified by the sentencing court. "§ 3602. Appointment of probation officers "(a) APPOINTMENT.—A district court of the United States shall appoint qualified persons to serve, with or without compensation, as probation officers within the jurisdiction and under the direction of the court making the appointment. The court may, for cause, remove a probation officer appointed to serve with compensation,

18 USC 3602.

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 98 STAT. 2002

PUBLIC LAW 98-473—OCT. 12, 1984

and may, in its discretion, remove a probation officer appointed to serve without compensation. "(b) RECORD OF APPOINTMENT.—The order of appointment shall be entered on the records of the court, a copy of the order shall be delivered to the officer appointed, and a copy shall be sent to the Director of the Administrative Office of the United States Courts. "(c) CHIEF PROBATION OFFICER.—If the court appoints more than one probation officer, one may be designated by the court as chief probation officer and shall direct the work of all probation officers serving in the judicial district. 18 USC 3603.

"§ 3603. Duties of probation officers .. "A probation officer shall— "(a) 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; "(b) 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; "(c) 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; "(d) be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial district; "(e) 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; "(f) upon request of the Attorney General or his designee, supervise 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); "(g) 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; and "(h) perform any other duty that the court may designate.

18 USC 3604.

"§ 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.

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text: Index:United States Statutes at Large Volume 99 Part 1.djvu