US (United States) Code. Title 18. Chapter 201: General provisions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 201 - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

.

-HEAD-

CHAPTER 201 - GENERAL PROVISIONS

-MISC1-

Sec.

3001. Procedure governed by rules; scope, purpose and effect;

definition of terms; local rules; forms - Rule.

3002. Courts always open - Rule.

3003. Calendars - Rule.

3004. Decorum in court room - Rule.

3005. Counsel and witnesses in capital cases.

3006. Assignment of counsel - Rule.

3006A. Adequate representation of defendants.

3007. Motions - Rule.

3008. Service and filing of papers - Rule.

3009. Records - Rule.

3010. Exceptions unnecessary - Rule.

3011. Computation of time - Rule.

3012. Repealed.

3013. Special assessment on convicted persons.

AMENDMENTS

1984 - Pub. L. 98-473, title II, Sec. 218(c), 1405(b), Oct. 12,

1984, 98 Stat. 2027, 2175, added item 3013 and substituted

''Repealed'' for ''Orders respecting persons in custody'' in item

3012.

1964 - Pub. L. 88-455, Sec. 4, Aug. 20, 1964, 78 Stat. 554, added

item 3006A.

LAW ENFORCEMENT ASSISTANCE ACT OF 1965

Pub. L. 89-197, Sec. 1-11, Sept. 22, 1965, 79 Stat. 828, as

amended by Pub. L. 89-798, Nov. 8, 1966, 80 Stat. 1503, was

repealed by Pub. L. 90-351, title I, Sec. 405, June 19, 1968, 82

Stat. 204, subject to the provisions of section 3745 of Title 42,

The Public Health and Welfare. See section 3701 et seq. (chapter

46) of Title 42. Such Act had provided for grants and contracts for

improvement of quality of state and local personnel through

professional training; grants and contracts to improve state and

local law enforcement techniques; delegation and redelegation of

powers; contributions to program by recipients, rules and

regulations, necessary stipends, and allowances; studies by

Attorney General and technical assistance to states; prohibition

against control over local agencies; advisory committees,

compensation, and expenses; term of program; appropriations; and

reports to President and Congress.

COORDINATION OF FEDERAL LAW ENFORCEMENT AND CRIME PREVENTION

PROGRAMS

Designation of Attorney General to coordinate Federal law

enforcement and crime prevention program, see Ex. Ord. No. 11396,

Feb. 7, 1968, 33 F.R. 2689, set out as a note preceding section 1

of this title.

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18 USC Sec. 3001 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3001. Procedure governed by rules; scope, purpose and effect;

definition of terms; local rules; forms - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Scope, rule 1.

Purpose and construction, rule 2.

Proceedings to which rules apply, rules 54 and 59.

Definition, rule 54(c).

Rules of District Courts and Circuit Courts of Appeal, rule 57.

Forms, rule 58.

Effective date, rule 59.

Citation of rule, rule 60.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814.)

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18 USC Sec. 3002 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3002. Courts always open - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Business hours, rule 56.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814.)

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18 USC Sec. 3003 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3003. Calendars - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Preference to criminal cases, rule 50.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814.)

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18 USC Sec. 3004 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3004. Decorum in court room - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Photographing or radio broadcasting prohibited, rule 53.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814.)

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18 USC Sec. 3005 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3005. Counsel and witnesses in capital cases

-STATUTE-

Whoever is indicted for treason or other capital crime shall be

allowed to make his full defense by counsel; and the court before

which the defendant is to be tried, or a judge thereof, shall

promptly, upon the defendant's request, assign 2 such counsel, of

whom at least 1 shall be learned in the law applicable to capital

cases, and who shall have free access to the accused at all

reasonable hours. In assigning counsel under this section, the

court shall consider the recommendation of the Federal Public

Defender organization, or, if no such organization exists in the

district, of the Administrative Office of the United States Courts.

The defendant shall be allowed, in his defense to make any proof

that he can produce by lawful witnesses, and shall have the like

process of the court to compel his witnesses to appear at his

trial, as is usually granted to compel witnesses to appear on

behalf of the prosecution.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814; Pub. L. 103-322, title VI,

Sec. 60026, Sept. 13, 1994, 108 Stat. 1982.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 563 (R.S. Sec. 1034).

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''; and the court before which

the defendant is to be tried, or a judge thereof, shall promptly,

upon the defendant's request, assign 2 such counsel, of whom at

least 1 shall be learned in the law applicable to capital cases,

and who shall have free access to the accused at all reasonable

hours. In assigning counsel under this section, the court shall

consider the recommendation of the Federal Public Defender

organization, or, if no such organization exists in the district,

of the Administrative Office of the United States Courts. The

defendant shall'' for ''learned in the law; and the court before

which he is tried, or some judge thereof, shall immediately, upon

his request, assign to him such counsel, not exceeding two, as he

may desire, who shall have free access to him at all reasonable

hours. He shall''.

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18 USC Sec. 3006 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3006. Assignment of counsel - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Appointment by court, rule 44.

Accused to be informed of right to counsel, rules 5 and 44.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814.)

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18 USC Sec. 3006A 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3006A. Adequate representation of defendants

-STATUTE-

(a) Choice of Plan. - Each United States district court, with the

approval of the judicial council of the circuit, shall place in

operation throughout the district a plan for furnishing

representation for any person financially unable to obtain adequate

representation in accordance with this section. Representation

under each plan shall include counsel and investigative, expert,

and other services necessary for adequate representation. Each

plan shall provide the following:

(1) Representation shall be provided for any financially

eligible person who -

(A) is charged with a felony or a Class A misdemeanor;

(B) is a juvenile alleged to have committed an act of

juvenile delinquency as defined in section 5031 of this title;

(C) is charged with a violation of probation;

(D) is under arrest, when such representation is required by

law;

(E) is charged with a violation of supervised release or

faces modification, reduction, or enlargement of a condition,

or extension or revocation of a term of supervised release;

(F) is subject to a mental condition hearing under chapter

313 of this title;

(G) is in custody as a material witness;

(H) is entitled to appointment of counsel under the sixth

amendment to the Constitution;

(I) faces loss of liberty in a case, and Federal law requires

the appointment of counsel; or

(J) is entitled to the appointment of counsel under section

4109 of this title.

(2) Whenever the United States magistrate judge or the court

determines that the interests of justice so require,

representation may be provided for any financially eligible

person who -

(A) is charged with a Class B or C misdemeanor, or an

infraction for which a sentence to confinement is authorized;

or

(B) is seeking relief under section 2241, 2254, or 2255 of

title 28.

(3) Private attorneys shall be appointed in a substantial

proportion of the cases. Each plan may include, in addition to

the provisions for private attorneys, either of the following or

both:

(A) Attorneys furnished by a bar association or a legal aid

agency,

(B) Attorneys furnished by a defender organization

established in accordance with the provisions of subsection

(g).

Prior to approving the plan for a district, the judicial council of

the circuit shall supplement the plan with provisions for

representation on appeal. The district court may modify the plan

at any time with the approval of the judicial council of the

circuit. It shall modify the plan when directed by the judicial

council of the circuit. The district court shall notify the

Administrative Office of the United States Courts of any

modification of its plan.

(b) Appointment of Counsel. - Counsel furnishing representation

under the plan shall be selected from a panel of attorneys

designated or approved by the court, or from a bar association,

legal aid agency, or defender organization furnishing

representation pursuant to the plan. In every case in which a

person entitled to representation under a plan approved under

subsection (a) appears without counsel, the United States

magistrate judge or the court shall advise the person that he has

the right to be represented by counsel and that counsel will be

appointed to represent him if he is financially unable to obtain

counsel. Unless the person waives representation by counsel, the

United States magistrate judge or the court, if satisfied after

appropriate inquiry that the person is financially unable to obtain

counsel, shall appoint counsel to represent him. Such appointment

may be made retroactive to include any representation furnished

pursuant to the plan prior to appointment. The United States

magistrate judge or the court shall appoint separate counsel for

persons having interests that cannot properly be represented by the

same counsel, or when other good cause is shown.

(c) Duration and Substitution of Appointments. - A person for

whom counsel is appointed shall be represented at every stage of

the proceedings from his initial appearance before the United

States magistrate judge or the court through appeal, including

ancillary matters appropriate to the proceedings. If at any time

after the appointment of counsel the United States magistrate judge

or the court finds that the person is financially able to obtain

counsel or to make partial payment for the representation, it may

terminate the appointment of counsel or authorize payment as

provided in subsection (f), as the interests of justice may

dictate. If at any stage of the proceedings, including an appeal,

the United States magistrate judge or the court finds that the

person is financially unable to pay counsel whom he had retained,

it may appoint counsel as provided in subsection (b) and authorize

payment as provided in subsection (d), as the interests of justice

may dictate. The United States magistrate judge or the court may,

in the interests of justice, substitute one appointed counsel for

another at any stage of the proceedings.

(d) Payment for Representation. -

(1) Hourly Rate. - Any attorney appointed pursuant to this

section or a bar association or legal aid agency or community

defender organization which has provided the appointed attorney

shall, at the conclusion of the representation or any segment

thereof, be compensated at a rate not exceeding $60 per hour for

time expended in court or before a United States magistrate judge

and $40 per hour for time reasonably expended out of court, unless

the Judicial Conference determines that a higher rate of not in

excess of $75 per hour is justified for a circuit or for particular

districts within a circuit, for time expended in court or before a

United States magistrate judge and for time expended out of court.

The Judicial Conference shall develop guidelines for determining

the maximum hourly rates for each circuit in accordance with the

preceding sentence, with variations by district, where appropriate,

taking into account such factors as the minimum range of the

prevailing hourly rates for qualified attorneys in the district in

which the representation is provided and the recommendations of the

judicial councils of the circuits. Not less than 3 years after the

effective date of the Criminal Justice Act Revision of 1986, the

Judicial Conference is authorized to raise the maximum hourly rates

specified in this paragraph up to the aggregate of the overall

average percentages of the adjustments in the rates of pay under

the General Schedule made pursuant to section 5305 (FOOTNOTE 1) of

title 5 on or after such effective date. After the rates are

raised under the preceding sentence, such maximum hourly rates may

be raised at intervals of not less than 1 year each, up to the

aggregate of the overall average percentages of such adjustments

made since the last raise was made under this paragraph. Attorneys

may be reimbursed for expenses reasonably incurred, including the

costs of transcripts authorized by the United States magistrate

(FOOTNOTE 2) or the court, and the costs of defending actions

alleging malpractice of counsel in furnishing representational

services under this section. No reimbursement for expenses in

defending against malpractice claims shall be made if a judgment of

malpractice is rendered against the counsel furnishing

representational services under this section. The United States

magistrate (FOOTNOTE 2) or the court shall make determinations

relating to reimbursement of expenses under this paragraph.

(FOOTNOTE 1) See References in Text note below.

(FOOTNOTE 2) So in original. Probably should be ''United States

magistrate judge''.

(2) Maximum Amounts. - For representation of a defendant before

the United States magistrate judge or the district court, or both,

the compensation to be paid to an attorney or to a bar association

or legal aid agency or community defender organization shall not

exceed $5,200 for each attorney in a case in which one or more

felonies are charged, and $1,500 for each attorney in a case in

which only misdemeanors are charged. For representation of a

defendant in an appellate court, the compensation to be paid to an

attorney or to a bar association or legal aid agency or community

defender organization shall not exceed $3,700 for each attorney in

each court. For representation of a petitioner in a non-capital

habeas corpus proceeding, the compensation for each attorney shall

not exceed the amount applicable to a felony in this paragraph for

representation of a defendant before a judicial officer of the

district court. For representation of such petitioner in an

appellate court, the compensation for each attorney shall not

exceed the amount applicable for representation of a defendant in

an appellate court. For representation of an offender before the

United States Parole Commission in a proceeding under section 4106A

of this title, the compensation shall not exceed $1,200 for each

attorney in each proceeding; for representation of an offender in

an appeal from a determination of such Commission under such

section, the compensation shall not exceed $3,900 for each attorney

in each court. For any other representation required or authorized

by this section, the compensation shall not exceed $1,200 for each

attorney in each proceeding.

(3) Waiving Maximum Amounts. - Payment in excess of any maximum

amount provided in paragraph (2) of this subsection may be made for

extended or complex representation whenever the court in which the

representation was rendered, or the United States magistrate judge

if the representation was furnished exclusively before him,

certifies that the amount of the excess payment is necessary to

provide fair compensation and the payment is approved by the chief

judge of the circuit. The chief judge of the circuit may delegate

such approval authority to an active circuit judge.

(4) Disclosure of fees. -

(A) In general. - Subject to subparagraphs (B) through (E), the

amounts paid under this subsection for services in any case shall

be made available to the public by the court upon the court's

approval of the payment.

(B) Pre-trial or trial in progress. - If a trial is in

pre-trial status or still in progress and after considering the

defendant's interests as set forth in subparagraph (D), the court

shall -

(i) redact any detailed information on the payment voucher

provided by defense counsel to justify the expenses to the

court; and

(ii) make public only the amounts approved for payment to

defense counsel by dividing those amounts into the following

categories:

(I) Arraignment and or plea.

(II) Bail and detention hearings.

(III) Motions.

(IV) Hearings.

(V) Interviews and conferences.

(VI) Obtaining and reviewing records.

(VII) Legal research and brief writing.

(VIII) Travel time.

(IX) Investigative work.

(X) Experts.

(XI) Trial and appeals.

(XII) Other.

(C) Trial completed. -

(i) In general. - If a request for payment is not submitted

until after the completion of the trial and subject to

consideration of the defendant's interests as set forth in

subparagraph (D), the court shall make available to the public

an unredacted copy of the expense voucher.

(ii) Protection of the rights of the defendant. - If the

court determines that defendant's interests as set forth in

subparagraph (D) require a limited disclosure, the court shall

disclose amounts as provided in subparagraph (B).

(D) Considerations. - The interests referred to in

subparagraphs (B) and (C) are -

(i) to protect any person's 5th amendment right against

self-incrimination;

(ii) to protect the defendant's 6th amendment rights to

effective assistance of counsel;

(iii) the defendant's attorney-client privilege;

(iv) the work product privilege of the defendant's counsel;

(v) the safety of any person; and

(vi) any other interest that justice may require, except that

the amount of the fees shall not be considered a reason

justifying any limited disclosure under section 3006A(d)(4) of

title 18, United States Code.

(E) Notice. - The court shall provide reasonable notice of

disclosure to the counsel of the defendant prior to the approval

of the payments in order to allow the counsel to request

redaction based on the considerations set forth in subparagraph

(D). Upon completion of the trial, the court shall release

unredacted copies of the vouchers provided by defense counsel to

justify the expenses to the court. If there is an appeal, the

court shall not release unredacted copies of the vouchers

provided by defense counsel to justify the expenses to the court

until such time as the appeals process is completed, unless the

court determines that none of the defendant's interests set forth

in subparagraph (D) will be compromised.

(F) Effective date. - The amendment made by paragraph (4) shall

become effective 60 days after enactment of this Act, will apply

only to cases filed on or after the effective date, and shall be

in effect for no longer than 24 months after the effective date.

(5) Filing Claims. - A separate claim for compensation and

reimbursement shall be made to the district court for

representation before the United States magistrate judge and the

court, and to each appellate court before which the attorney

provided representation to the person involved. Each claim shall

be supported by a sworn written statement specifying the time

expended, services rendered, and expenses incurred while the case

was pending before the United States magistrate judge and the

court, and the compensation and reimbursement applied for or

received in the same case from any other source. The court shall

fix the compensation and reimbursement to be paid to the attorney

or to the bar association or legal aid agency or community defender

organization which provided the appointed attorney. In cases where

representation is furnished exclusively before a United States

magistrate judge, the claim shall be submitted to him and he shall

fix the compensation and reimbursement to be paid. In cases where

representation is furnished other than before the United States

magistrate judge, the district court, or an appellate court, claims

shall be submitted to the district court which shall fix the

compensation and reimbursement to be paid.

(6) New Trials. - For purposes of compensation and other payments

authorized by this section, an order by a court granting a new

trial shall be deemed to initiate a new case.

(7) Proceedings Before Appellate Courts. - If a person for whom

counsel is appointed under this section appeals to an appellate

court or petitions for a writ of certiorari, he may do so without

prepayment of fees and costs or security therefor and without

filing the affidavit required by section 1915(a) of title 28.

(e) Services Other Than Counsel. -

(1) Upon Request. - Counsel for a person who is financially

unable to obtain investigative, expert, or other services necessary

for adequate representation may request them in an ex parte

application. Upon finding, after appropriate inquiry in an ex

parte proceeding, that the services are necessary and that the

person is financially unable to obtain them, the court, or the

United States magistrate judge if the services are required in

connection with a matter over which he has jurisdiction, shall

authorize counsel to obtain the services.

(2) Without Prior Request. - (A) Counsel appointed under this

section may obtain, subject to later review, investigative, expert,

and other services without prior authorization if necessary for

adequate representation. Except as provided in subparagraph (B) of

this paragraph, the total cost of services obtained without prior

authorization may not exceed $300 and expenses reasonably incurred.

(B) The court, or the United States magistrate judge (if the

services were rendered in a case disposed of entirely before the

United States magistrate judge), may, in the interest of justice,

and upon the finding that timely procurement of necessary services

could not await prior authorization, approve payment for such

services after they have been obtained, even if the cost of such

services exceeds $300.

(3) Maximum Amounts. - Compensation to be paid to a person for

services rendered by him to a person under this subsection, or to

be paid to an organization for services rendered by an employee

thereof, shall not exceed $1,000, exclusive of reimbursement for

expenses reasonably incurred, unless payment in excess of that

limit is certified by the court, or by the United States magistrate

judge if the services were rendered in connection with a case

disposed of entirely before him, as necessary to provide fair

compensation for services of an unusual character or duration, and

the amount of the excess payment is approved by the chief judge of

the circuit. The chief judge of the circuit may delegate such

approval authority to an active circuit judge.

(4) Disclosure of fees. - The amounts paid under this subsection

for services in any case shall be made available to the public.

(f) Receipt of Other Payments. - Whenever the United States

magistrate judge or the court finds that funds are available for

payment from or on behalf of a person furnished representation, it

may authorize or direct that such funds be paid to the appointed

attorney, to the bar association or legal aid agency or community

defender organization which provided the appointed attorney, to any

person or organization authorized pursuant to subsection (e) to

render investigative, expert, or other services, or to the court

for deposit in the Treasury as a reimbursement to the

appropriation, current at the time of payment, to carry out the

provisions of this section. Except as so authorized or directed,

no such person or organization may request or accept any payment or

promise of payment for representing a defendant.

(g) Defender Organization. -

(1) Qualifications. - A district or a part of a district in which

at least two hundred persons annually require the appointment of

counsel may establish a defender organization as provided for

either under subparagraphs (A) or (B) of paragraph (2) of this

subsection or both. Two adjacent districts or parts of districts

may aggregate the number of persons required to be represented to

establish eligibility for a defender organization to serve both

areas. In the event that adjacent districts or parts of districts

are located in different circuits, the plan for furnishing

representation shall be approved by the judicial council of each

circuit.

(2) Types of Defender Organizations. -

(A) Federal Public Defender Organization. - A Federal Public

Defender Organization shall consist of one or more full-time

salaried attorneys. An organization for a district or part of a

district or two adjacent districts or parts of districts shall be

supervised by a Federal Public Defender appointed by the court of

appeals of the circuit, without regard to the provisions of title 5

governing appointments in the competitive service, after

considering recommendations from the district court or courts to be

served. Nothing contained herein shall be deemed to authorize more

than one Federal Public Defender within a single judicial

district. The Federal Public Defender shall be appointed for a

term of four years, unless sooner removed by the court of appeals

of the circuit for incompetency, misconduct in office, or neglect

of duty. Upon the expiration of his term, a Federal Public

Defender may, by a majority vote of the judges of the court of

appeals, continue to perform the duties of his office until his

successor is appointed, or until one year after the expiration of

such Defender's term, whichever is earlier. The compensation of

the Federal Public Defender shall be fixed by the court of appeals

of the circuit at a rate not to exceed the compensation received by

the United States attorney for the district where representation is

furnished or, if two districts or parts of districts are involved,

the compensation of the higher paid United States attorney of the

districts. The Federal Public Defender may appoint, without regard

to the provisions of title 5 governing appointments in the

competitive service, full-time attorneys in such number as may be

approved by the court of appeals of the circuit and other personnel

in such number as may be approved by the Director of the

Administrative Office of the United States Courts. Compensation

paid to such attorneys and other personnel of the organization

shall be fixed by the Federal Public Defender at a rate not to

exceed that paid to attorneys and other personnel of similar

qualifications and experience in the Office of the United States

attorney in the district where representation is furnished or, if

two districts or parts of districts are involved, the higher

compensation paid to persons of similar qualifications and

experience in the districts. Neither the Federal Public Defender

nor any attorney so appointed by him may engage in the private

practice of law. Each organization shall submit to the Director of

the Administrative Office of the United States Courts, at the time

and in the form prescribed by him, reports of its activities and

financial position and its proposed budget. The Director of the

Administrative Office shall submit, in accordance with section 605

of title 28, a budget for each organization for each fiscal year

and shall out of the appropriations therefor make payments to and

on behalf of each organization. Payments under this subparagraph

to an organization shall be in lieu of payments under subsection

(d) or (e).

(B) Community Defender Organization. - A Community Defender

Organization shall be a non-profit defense counsel service

established and administered by any group authorized by the plan to

provide representation. The organization shall be eligible to

furnish attorneys and receive payments under this section if its

bylaws are set forth in the plan of the district or districts in

which it will serve. Each organization shall submit to the

Judicial Conference of the United States an annual report setting

forth its activities and financial position and the anticipated

caseload and expenses for the next fiscal year. Upon application

an organization may, to the extent approved by the Judicial

Conference of the United States:

(i) receive an initial grant for expenses necessary to

establish the organization; and

(ii) in lieu of payments under subsection (d) or (e), receive

periodic sustaining grants to provide representation and other

expenses pursuant to this section.

(3) Malpractice and Negligence Suits. - The Director of the

Administrative Office of the United States Courts shall, to the

extent the Director considers appropriate, provide representation

for and hold harmless, or provide liability insurance for, any

person who is an officer or employee of a Federal Public Defender

Organization established under this subsection, or a Community

Defender Organization established under this subsection which is

receiving periodic sustaining grants, for money damages for injury,

loss of liberty, loss of property, or personal injury or death

arising from malpractice or negligence of any such officer or

employee in furnishing representational services under this section

while acting within the scope of that person's office or

employment.

(h) Rules and Reports. - Each district court and court of appeals

of a circuit shall submit a report on the appointment of counsel

within its jurisdiction to the Administrative Office of the United

States Courts in such form and at such times as the Judicial

Conference of the United States may specify. The Judicial

Conference of the United States may, from time to time, issue rules

and regulations governing the operation of plans formulated under

this section.

(i) Appropriations. - There are authorized to be appropriated to

the United States courts, out of any money in the Treasury not

otherwise appropriated, sums necessary to carry out the provisions

of this section, including funds for the continuing education and

training of persons providing representational services under this

section. When so specified in appropriation acts, such

appropriations shall remain available until expended. Payments

from such appropriations shall be made under the supervision of the

Director of the Administrative Office of the United States Courts.

(j) Districts Included. - As used in this section, the term

''district court'' means each district court of the United States

created by chapter 5 of title 28, the District Court of the Virgin

Islands, the District Court for the Northern Mariana Islands, and

the District Court of Guam.

(k) Applicability in the District of Columbia. - The provisions

of this section shall apply in the United States District Court for

the District of Columbia and the United States Court of Appeals for

the District of Columbia Circuit. The provisions of this section

shall not apply to the Superior Court of the District of Columbia

and the District of Columbia Court of Appeals.

-SOURCE-

(Added Pub. L. 88-455, Sec. 2, Aug. 20, 1964, 78 Stat. 552; amended

Pub. L. 90-578, title III, Sec. 301(a)(1), Oct. 17, 1968, 82 Stat.

1115; Pub. L. 91-447, Sec. 1, Oct. 14, 1970, 84 Stat. 916; Pub. L.

93-412, Sec. 3, Sept. 3, 1974, 88 Stat. 1093; Pub. L. 97-164, title

II, Sec. 206(a), (b), Apr. 2, 1982, 96 Stat. 53; Pub. L. 98-473,

title II, Sec. 223(e), 405, 1901, Oct. 12, 1984, 98 Stat. 2028,

2067, 2185; Pub. L. 99-651, title I, Sec. 102, 103, Nov. 14, 1986,

100 Stat. 3642, 3645; Pub. L. 100-182, Sec. 19, Dec. 7, 1987, 101

Stat. 1270; Pub. L. 100-690, title VII, Sec. 7101(f), Nov. 18,

1988, 102 Stat. 4416; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117; Pub. L. 104-132, title IX, Sec. 903(a), Apr.

24, 1996, 110 Stat. 1318; Pub. L. 105-119, title III, Sec. 308,

Nov. 26, 1997, 111 Stat. 2493; Pub. L. 106-113, div. B, Sec.

1000(a)(1) (title III, Sec. 308(a)), Nov. 29, 1999, 113 Stat. 1535,

1501A-37; Pub. L. 106-518, title II, Sec. 210, 211, Nov. 13, 2000,

114 Stat. 2415.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of the Criminal Justice Act Revision of 1986,

referred to in subsec. (d)(1), is, with qualifications, 120 days

after Nov. 14, 1986. See section 105 of Pub. L. 99-651, set out

below as an Effective Date of 1986 Amendment note.

Section 5305 of title 5, referred to in subsec. (d)(1), was

amended generally by Pub. L. 101-509, title V, Sec. 529 (title I,

Sec. 101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1436, and, as so

amended, does not relate to adjustments in the rate of pay under

the General Schedule. See section 5303 of Title 5, Government

Organization and Employees.

The amendment made by paragraph (4), referred to in subsec.

(d)(4)(F), probably means the amendment by section 308 of Pub. L.

105-119, which struck out former par. (4) of subsec. (d) and

inserted the new par. (4).

Enactment of this Act, referred to in subsec. (d)(4)(F), probably

means the date of enactment of Pub. L. 105-119, which enacted

subsec. (d)(4) of this section and was approved Nov. 26, 1997.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (g)(2)(A), are

classified to section 3301 et seq. of Title 5.

-MISC2-

AMENDMENTS

2000 - Subsec. (d)(1). Pub. L. 106-518, Sec. 211, substituted

''Attorneys may be reimbursed for expenses reasonably incurred,

including the costs of transcripts authorized by the United States

magistrate or the court, and the costs of defending actions

alleging malpractice of counsel in furnishing representational

services under this section. No reimbursement for expenses in

defending against malpractice claims shall be made if a judgment of

malpractice is rendered against the counsel furnishing

representational services under this section. The United States

magistrate or the court shall make determinations relating to

reimbursement of expenses under this paragraph.'' for ''Attorneys

shall be reimbursed for expenses reasonably incurred, including the

costs of transcripts authorized by the United States magistrate or

the court.''

Subsec. (d)(2). Pub. L. 106-518, Sec. 210(4), (5), inserted after

second sentence ''For representation of a petitioner in a

non-capital habeas corpus proceeding, the compensation for each

attorney shall not exceed the amount applicable to a felony in this

paragraph for representation of a defendant before a judicial

officer of the district court. For representation of such

petitioner in an appellate court, the compensation for each

attorney shall not exceed the amount applicable for representation

of a defendant in an appellate court.'' and substituted ''$1,200''

for ''$750'' in last sentence.

Pub. L. 106-518, Sec. 210(1)-(3), in first sentence, substituted

''$5,200'' for ''$3,500'' and ''$1,500'' for ''$1,000'', in second

sentence, substituted ''$3,700'' for ''$2,500'', and in third

sentence, substituted ''$1,200'' for ''$750'' and ''$3,900'' for

''$2,500''.

1999 - Subsec. (d)(4)(D)(vi). Pub. L. 106-113 inserted '', except

that the amount of the fees shall not be considered a reason

justifying any limited disclosure under section 3006A(d)(4) of

title 18, United States Code'' after ''require''.

1997 - Subsec. (d)(4). Pub. L. 105-119 reenacted par. heading

without change and amended text generally. Prior to amendment,

text read as follows: ''The amounts paid under this subsection, for

representation in any case, shall be made available to the

public.''

1996 - Subsec. (d)(4) to (7). Pub. L. 104-132, Sec. 903(a)(1),

added par. (4) and redesignated former pars. (4) to (6) as (5) to

(7), respectively.

Subsec. (e)(4). Pub. L. 104-132, Sec. 903(a)(2), added par. (4).

1988 - Subsec. (a)(1)(J). Pub. L. 100-690, Sec. 7101(f)(1), added

subpar. (J).

Subsec. (d)(2). Pub. L. 100-690, Sec. 7101(f)(2), inserted

provisions at end to representation of offender before United

States Parole Commission, and in appeal from determination of such

Commission.

1987 - Subsec. (a)(1)(E) to (I). Pub. L. 100-182 added subpar.

(E) and redesignated former subpars. (E) to (H) as (F) to (I),

respectively.

1986 - Subsec. (a). Pub. L. 99-651, Sec. 103, made technical

amendments to Pub. L. 98-473, Sec. 223(e), see 1984 Amendment note

below.

Pub. L. 99-651, Sec. 102(a)(1), substituted ''in accordance with

this section. Representation under each plan shall include counsel

and investigative, expert, and other services necessary for

adequate representation. Each plan shall provide the following:''

and pars. (1) to (3) for prior provisions which read as follows:

''(1) who is charged with a felony or misdemeanor (other than a

petty offense as defined in section 1 of this title) or with

juvenile delinquency by the commission of an act which, if

committed by an adult, would be such a felony or misdemeanor or

with a violation of probation, (2) who is under arrest, when such

representation is required by law, (3) who is subject to revocation

of parole, in custody as a material witness, or seeking collateral

relief, as provided in subsection (g), (4) whose mental condition

is the subject of a hearing pursuant to chapter 313 of this title,

or (5) for whom the Sixth Amendment to the Constitution requires

the appointment of counsel or for whom, in a case in which he faces

loss of liberty, any Federal law requires the appointment of

counsel. Representation under each plan shall include counsel and

investigative, expert, and other services necessary for an adequate

defense. Each plan shall include a provision for private

attorneys. The plan may include, in addition to a provision for

private attorneys in a substantial proportion of cases, either of

the following or both:

''(1) attorneys furnished by a bar association or a legal aid

agency; or

''(2) attorneys furnished by a defender organization

established in accordance with the provisions of subsection

(h).''

Subsec. (b). Pub. L. 99-651, Sec. 102(a)(2), substituted ''In

every case in which a person entitled to representation under a

plan approved under subsection (a)'' for ''In every criminal case

in which the defendant is charged with a felony or a misdemeanor

(other than a petty offense as defined in section 1 of this title)

or with juvenile delinquency by the commission of an act which, if

committed by an adult, would be such a felony or misdemeanor or

with a violation of probation and'' and substituted ''person'' for

''defendant'' and ''persons'' for ''defendants'' wherever

appearing.

Subsec. (d)(1). Pub. L. 99-651, Sec. 102(a)(3)(A), substituted

''court, unless the Judicial Conference determines that a higher

rate of not in excess of $75 per hour is justified for a circuit or

for particular districts within a circuit, for time expended in

court or before a United States magistrate and for time expended

out of court. The Judicial Conference shall develop guidelines for

determining the maximum hourly rates for each circuit in accordance

with the preceding sentence, with variations by district, where

appropriate, taking into account such factors as the minimum range

of the prevailing hourly rates for qualified attorneys in the

district in which the representation is provided and the

recommendations of the judicial councils of the circuits. Not less

than 3 years after the effective date of the Criminal Justice Act

Revision of 1986, the Judicial Conference is authorized to raise

the maximum hourly rates specified in this paragraph up to the

aggregate of the overall average percentages of the adjustments in

the rates of pay under the General Schedule made pursuant to

section 5305 of title 5 on or after such effective date. After the

rates are raised under the preceding sentence, such maximum hourly

rates may be raised at intervals of not less than 1 year each, up

to the aggregate of the overall average percentages of such

adjustments made since the last raise was made under this

paragraph. Attorneys'' for ''court. Such attorney''.

Subsec. (d)(2). Pub. L. 99-651, Sec. 102(a)(3)(B), substituted

''$3,500'' for ''$2,000'', ''$1,000'' for ''$800'', ''$2,500'' for

''$2,000'', and substituted provision that for any other

representation required or authorized by this section, the

compensation shall not exceed $750 for each attorney in each

proceeding, for provision that for representation in connection

with a post-trial motion made after the entry of judgment or in a

probation revocation proceeding or for representation provided

under subsection (g) the compensation could not exceed $500 for

each attorney in each proceeding in each court.

Subsec. (d)(3). Pub. L. 99-651, Sec. 102(a)(3)(C), inserted

provision that the chief judge of the circuit may delegate such

approval authority to an active circuit judge.

Subsec. (d)(4). Pub. L. 99-651, Sec. 102(a)(3)(D), substituted

''provided representation to the person involved'' for

''represented the defendant''.

Subsec. (e)(1). Pub. L. 99-651, Sec. 102(a)(4)(A), substituted

''adequate representation'' for ''an adequate defense''.

Subsec. (e)(2). Pub. L. 99-651, Sec. 102(a)(4)(B), designated

existing provisions as subpar. (A), and substituted reference to

adequate representation for reference to an adequate defense,

inserted exception relating to subpar. (B), increased the

authorized amount for services from $150 to $300, and added subpar.

(B).

Subsec. (e)(3). Pub. L. 99-651, Sec. 102(a)(4)(C), substituted

''$1,000'' for ''$300'' and inserted provision that the chief judge

of the circuit may delegate such approval authority to an active

circuit judge.

Subsec. (g). Pub. L. 99-651, Sec. 102(b)(1), redesignated subsec.

(h) as (g), and struck out former subsec. (g) which provided for

discretionary appointments by the court or magistrate.

Subsec. (g)(2)(A), formerly (h)(2)(A). Pub. L. 99-651, Sec.

102(a)(5)(A), substituted ''in accordance with section 605 of title

28'' for ''similarly as under title 28, United States Code, section

605, and subject to the conditions of that section'', and after

fourth sentence inserted provision authorizing the continuation in

office, upon a majority vote of the judges of the court of appeals,

of a Federal Public Defender whose term has expired until

appointment of a successor or until one year after the expiration

of such Defender's term, whichever is earlier.

Subsec. (g)(2)(B), formerly (h)(2)(B). Pub. L. 99-651, Sec.

102(a)(5)(B), substituted ''for the next fiscal year'' for ''for

the coming year'' in introductory provisions.

Subsec. (g)(3), formerly (h)(3). Pub. L. 99-651, Sec.

102(a)(5)(C), added par. (3).

Subsec. (h). Pub. L. 99-651, Sec. 102(b)(1), redesignated subsec.

(i) as (h). Former subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 99-651, Sec. 102(a)(6), (b)(1), redesignated

subsec. (j) as (i) and inserted provision for funding continuing

education and training of persons providing representational

services under this section. Former subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 99-651, Sec. 102(b), redesignated subsec.

(k) as (j), and amended subsec. (j) generally to include the

District Court for the Northern Mariana Islands. Former subsec. (j)

redesignated (i).

Subsecs. (k), (l). Pub. L. 99-651, Sec. 102(a)(7), (b)(1),

redesignated subsec. (l) as (k) and substituted ''this section

shall apply'' for ''this Act, other than subsection (h) of section

1, shall apply'' and ''this section shall not apply'' for ''this

Act shall not apply''. Former subsec. (k) redesignated (j).

1984 - Subsec. (a). Pub. L. 98-473, Sec. 405(a), added cl. (4)

and redesignated former cl. (4) as (5).

Subsec. (a)(1)(A). Pub. L. 98-473, Sec. 223(e)(1), as amended by

Pub. L. 99-651, Sec. 103, substituted ''Class A misdemeanor'' for

''misdemeanor (other than a petty offense as defined in section 1

of this title)''.

Subsec. (a)(1)(E) to (I). Pub. L. 98-473, Sec. 223(e)(2), as

amended by Pub. L. 99-651, Sec. 103, redesignated subpars. (F) to

(I) as (E) to (H), respectively, and struck out former subpar. (E)

which required that representation be provided for any financially

eligible person who was entitled to appointment of counsel in

parole proceedings under chapter 311 of this title.

Subsec. (a)(2)(A). Pub. L. 98-473, Sec. 223(e)(3), as amended by

Pub. L. 99-651, Sec. 103, substituted ''Class B or C misdemeanor,

or an infraction'' for ''petty offense''.

Subsec. (d)(1). Pub. L. 98-473, Sec. 1901(1)-(3), substituted

''$60'' for ''$30'' and ''$40'' for ''$20'', and struck out '', or

such other hourly rate, fixed by the Judicial Council of the

Circuit, not to exceed the minimum hourly scale established by a

bar association for similar services rendered in the district'' at

end of first sentence.

Subsec. (d)(2). Pub. L. 98-473, Sec. 1901(4)-(6), substituted

''$2,000'' for ''$1,000'' in two places, ''$800'' for ''$400'', and

''$500'' for ''$250''.

Subsec. (g). Pub. L. 98-473, Sec. 405(b), struck out reference to

section 4245 of title 18.

1982 - Subsec. (h)(2)(A). Pub. L. 97-164, Sec. 206(a),

substituted ''court of appeals'' for ''judicial council'' wherever

appearing and ''court of appeals of the circuit'' for ''Judicial

Council of the Circuit''.

Subsec. (i). Pub. L. 97-164, Sec. 206(b), substituted ''court of

appeals'' for ''judicial council''.

1974 - Subsec. (l). Pub. L. 93-412 substituted ''shall apply in

the United States District Court for the District of Columbia and

the United States Court of Appeals for the District of Columbia

Circuit. The provisions of this Act shall not apply to the Superior

Court of the District of Columbia and the District of Columbia

Court of Appeals'', for ''shall be applicable in the District of

Columbia'', and struck out provisions that the plan of the District

of Columbia shall be approved jointly by the Judicial Council of

the District of Columbia Circuit and the District of Columbia Court

of Appeals.

1970 - Subsec. (a). Pub. L. 91-447, Sec. 1(a), expanded coverage

of district court plan for furnishing representation to financially

disabled persons to include defendants charged with violation of

probation, any person under arrest when such representation is

required by law, any person who is subject to revocation of parole,

in custody as a material witness, or seeking collateral relief as

provided in subsec. (g) of this section, and any person for whom

the Sixth Amendment to the Constitution requires appointment of

counsel or for whom, in a case in which he faces loss of liberty,

any Federal law requires the appointment of counsel, and required

each plan to include a provision for participation by private

attorneys in a substantial proportion of cases, as well as

permitting attorneys to be furnished by bar, legal aid, or defender

organizations in accordance with subsec. (h) of this section.

Subsec. (b). Pub. L. 91-447, Sec. 1(a), provided for appointment

of counsel from a bar association, legal aid agency, or defender

organization as well as from a panel of attorneys approved by the

court, expanded advice to defendant of right to appointment of

counsel where defendant is charged with juvenile delinquency by the

commission of an act which, if committed by an adult, would be a

felony or misdemeanor or with violation of probation, and provided

for appointment of counsel to be retroactive so as to include any

representation furnished pursuant to the plan prior to appointment.

Subsec. (c). Pub. L. 91-447, Sec. 1(a), expanded the scope of

representation by appointed counsel to include ancillary matters

appropriate to the proceedings.

Subsec. (d). Pub. L. 91-447, Sec. 1(a), raised the rate of

compensation not to exceed $30 per hour for time expended in court

and $20 per hour for time reasonably expended out of court,

increased the limit to $1,000 for each attorney in a case involving

one or more alleged felonies and $400 for each attorney in a case

in which one or more misdemeanors are charged, established a $1,000

maximum for each attorney in each court for cases on appeal and

provided a $250 maximum for each attorney for representation in

connection with a post-trial motion, probation revocation

proceedings and matters covered by subsec. (g) such as parole

revocation and collateral relief proceedings, provided for waiver

of maximum amounts and payment in excess of those amounts for

extended or complex representation upon approval of the chief judge

of the circuit, provided for separate claims of compensation to be

submitted to the appropriate court, thus a U.S. magistrate fixes

compensation in cases before him, appellate court fixes

compensation in cases before it and in all other instances claims

are to be made to the district court, provided a court order

granting a new trial is deemed to initiate a new case for the

purpose of compensation, and facilitate appellate proceedings by

allowing a defendant for whom counsel is appointed to appeal or

petition for a writ of certiorari without prepayment of fees and

cost of security therefore and without filing the affidavit

required by section 1915(a).

Subsec. (e). Pub. L. 91-447, Sec. 1(a), limited to $150, plus

reasonable expenses, subject to later review and approval by the

court, the cost of investigative, expert, or other services

necessary for an adequate defense where these services are obtained

without prior authorization because circumstances prevented counsel

from securing prior court authorization, maintained existing limit

on payment for authorized services at a $300 maximum but permitted

waiver of that maximum if the court certifies that payment in

excess of that limit is necessary to provide fair compensation, and

provided that the amount of any excess payment must be approved by

the chief judge of the circuit.

Subsec. (f). Pub. L. 91-447, Sec. 1(a), substantially reenacted

subsec. (f).

Subsecs. (g) to (k). Pub. L. 91-447, Sec. 1(b), added subsecs.

(g) and (h) and redesignated existing subsecs. (g) to (i) as (i) to

(k), respectively.

Subsec. (l). Pub. L. 91-447, Sec. 1(c), added subsec. (l).

1968 - Subsecs. (b) to (d). Pub. L. 90-578 substituted ''United

States magistrate'' for ''United States commissioner'' wherever

appearing.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' wherever appearing in text pursuant to section

321 of Pub. L. 101-650, set out as a note under section 631 of

Title 28, Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title III, Sec.

308(b)), Nov. 29, 1999, 113 Stat. 1535, 1501A-37, provided that:

''This section (amending this section) shall apply to all

disclosures made under section 3006A(d) of title 18, United States

Code, related to any criminal trial or appeal involving a sentence

of death where the underlying alleged criminal conduct took place

on or after April 19, 1995.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 903(c) of Pub. L. 104-132 provided that: ''The amendments

made by this section (amending this section and section 848 of

Title 21, Food and Drugs) apply to -

''(1) cases commenced on or after the date of the enactment of

this Act (Apr. 24, 1996); and

''(2) appellate proceedings, in which an appeal is perfected,

on or after the date of the enactment of this Act.''

EFFECTIVE DATE OF 1987 AMENDMENT

Section 26 of Pub. L. 100-182 provided that: ''The amendments

made by this Act (amending this section, sections 3553, 3561, 3563,

3564, 3583, 3663, 3672, 3742, and 4106 of this title, section 994

of Title 28, Judiciary and Judicial Procedure, and sections 504 and

1111 of Title 29, Labor, enacting provisions set out as notes under

sections 3551 and 3553 of this title, rule 35 of the Federal Rules

of Criminal Procedure, set out in the Appendix to this title, and

section 994 of Title 28, and amending provisions set out as a note

under section 3551 of this title) shall apply with respect to

offenses committed after the enactment of this Act (Dec. 7,

1987).''

EFFECTIVE DATE OF 1986 AMENDMENT

Section 105 of title I of Pub. L. 99-651 provided that: ''This

title and the amendments made by this title (amending this section

and section 1825 of Title 28, Judiciary and Judicial Procedure, and

enacting provisions set out as a note under this section) shall

take effect one hundred and twenty days after the date of enactment

of this Act (Nov. 14, 1986). The maximum hourly rates provided in

section 3006A(d)(1) of title 18, United States Code, as amended by

section 102(a)(3)(A) of this Act, shall apply only to services

performed on or after the effective date of this title. The

maximum allowed for compensation for a case, as provided in section

3006A(d)(2) of title 18, United States Code, as amended by section

102(a)(3)(B) of this Act, shall apply only to compensation claims

in which some portion of the claim is for services performed on or

after the effective date of this title. The maximum compensation

allowed pursuant to section 3006A(e) of title 18, United States

Code, as amended by subparagraphs (B) and (C) of section 102(a)(4)

of this Act, shall apply only to services obtained on or after the

effective date of this title.''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 223(e) of Pub. L. 98-473 effective Nov. 1,

1987, and applicable only to offenses committed after the taking

effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,

set out as an Effective Date note under section 3551 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 4 of Pub. L. 93-412 provided in part that the amendment

of subsec. (l) of this section by Pub. L. 93-412 shall take effect

on Sept. 3, 1974.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 3 of Pub. L. 91-447 provided that: ''The amendments made

by section 1 of this Act (amending this section) shall become

effective one hundred and twenty days after the date of enactment

(Oct. 14, 1970).''

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

SHORT TITLE OF 1986 AMENDMENT

Section 101 of title I of Pub. L. 99-651 provided that: ''This

title (amending this section and section 1825 of Title 28,

Judiciary and Judicial Procedure, and enacting provisions set out

as a note under this section) may be referred to as the 'Criminal

Justice Act Revision of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Section 1901 of chapter XIX (Sec. 1901) of title II of Pub. L.

98-473 provided in part that: ''This chapter (amending this

section) may be cited as the 'Criminal Justice Act Revision of

1984'.''

SHORT TITLE

Section 1 of Pub. L. 88-455 provided: ''That this Act (enacting

this section and provisions set out as a note under this section)

may be cited as the 'Criminal Justice Act of 1964.' ''

SAVINGS PROVISION

Section 206(c) of Pub. L. 97-164 provided that: ''The amendments

made by subsection (a) of this section (amending subsec. (h)(2)(A)

of this section) shall not affect the term of existing

appointments.''

AWARD OF ATTORNEY'S FEES AND LITIGATION EXPENSES TO DEFENSE

Section 617 of Pub. L. 105-119 provided that: ''During fiscal

year 1998 and in any fiscal year thereafter, the court, in any

criminal case (other than a case in which the defendant is

represented by assigned counsel paid for by the public) pending on

or after the date of the enactment of this Act (Nov. 26, 1997), may

award to a prevailing party, other than the United States, a

reasonable attorney's fee and other litigation expenses, where the

court finds that the position of the United States was vexatious,

frivolous, or in bad faith, unless the court finds that special

circumstances make such an award unjust. Such awards shall be

granted pursuant to the procedures and limitations (but not the

burden of proof) provided for an award under section 2412 of title

28, United States Code. To determine whether or not to award fees

and costs under this section, the court, for good cause shown, may

receive evidence ex parte and in camera (which shall include the

submission of classified evidence or evidence that reveals or might

reveal the identity of an informant or undercover agent or matters

occurring before a grand jury) and evidence or testimony so

received shall be kept under seal. Fees and other expenses awarded

under this provision to a party shall be paid by the agency over

which the party prevails from any funds made available to the

agency by appropriation. No new appropriations shall be made as a

result of this provision.''

GOVERNMENT RATES OF TRAVEL FOR CRIMINAL JUSTICE ACT ATTORNEYS AND

EXPERTS

Pub. L. 102-572, title VII, Sec. 702, Oct. 29, 1992, 106 Stat.

4515, provided that: ''The Administrator of General Services, in

entering into contracts providing for special rates to be charged

by Federal Government sources of supply, including common carriers

and hotels (or other commercial providers of lodging) for official

travel and accommodation of Federal Government employees, shall

provide for charging the same rates for attorneys, experts, and

other persons traveling primarily in connection with carrying out

responsibilities under section 3006A of title 18, United States

Code, including community defender organizations established under

subsection (g) of that section.''

STUDY OF FEDERAL DEFENDER PROGRAM

Pub. L. 101-650, title III, Sec. 318, Dec. 1, 1990, 104 Stat.

5116, as amended by Pub. L. 102-198, Sec. 9, Dec. 9, 1991, 105

Stat. 1626, directed Judicial Conference of the United States to

conduct a study of effectiveness of Federal defender program and to

transmit a report on results of study to Committees on the

Judiciary of Senate and House of Representatives no later than Mar.

31, 1993, with report to include recommendations for legislation, a

proposed formula for compensation of Federal defender program

counsel, and suggestions for procedural and operational changes by

courts.

FUNDS FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT

Pub. L. 101-45, title II, Sec. 102, June 30, 1989, 103 Stat. 122,

provided in part: ''That compensation and reimbursement of

attorneys and others as authorized under section 3006A of title 18,

United States Code, and section 1875(d) of title 28, United States

Code, may hereinafter be paid from funds appropriated for 'Defender

Services' in the year in which payment is required.''

CERTIFICATION BY ATTORNEY GENERAL TO ADMINISTRATIVE OFFICE OF

UNITED STATES COURTS OF PAYMENT OF OBLIGATED EXPENSES

Section 5(c) of Pub. L. 95-144, Oct. 28, 1977, 91 Stat. 1222,

provided that: ''The Attorney General shall certify to the

Administrative Office of the United States Courts those expenses

which it is obligated to pay on behalf of an indigent offender

under section 3006A of title 18, United States Code, and similar

statutes.''

POWER AND FUNCTION OF A UNITED STATES COMMISSIONER

Section 2 of Pub. L. 91-447 provided that a United States

commissioner for a district could exercise any power, function, or

duty authorized to be performed by a United States magistrate under

the amendments made by section 1 of Pub. L. 91-447, which amended

this section, if such commissioner had authority to perform such

power, function, or duty prior to the enactment of such amendments.

SUBMISSION OF PLANS

Section 3 of Pub. L. 88-455 directed each district court to

submit a plan in accord with section 3006A of this title and the

rules of the Judicial Conference of the United States to the

judicial council of the circuit within 6 months from Aug. 20, 1964,

further directed each judicial council to approve and send to the

Administrative Office of the United States courts a plan for each

district in its circuit within 9 months from Aug. 20, 1964, and

also directed each district court and court of appeals to place its

approved plan in operation within 1 year from Aug. 20, 1964.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 983, 3162, 3626, 4109,

4247 of this title; title 8 section 1534; title 10 section 876b;

title 28 sections 753, 1825, 1875, 2254, 2255, 2671; title 42

section 1997e; title 48 section 1824.

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18 USC Sec. 3007 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3007. Motions - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Motions substituted for pleas in abatement and special pleas in

bar, rule 12.

Form and contents, rule 47.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 814.)

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18 USC Sec. 3008 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3008. Service and filing of papers - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Requirement and manner of service; notice of orders; filing

papers, rule 49.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 815.)

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18 USC Sec. 3009 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3009. Records - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Keeping of records by district court clerks and magistrate

judges, rule 55.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 90-578, title III,

Sec. 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

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AMENDMENTS

1968 - Pub. L. 90-578 substituted ''magistrates'' for

''commissioners''.

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CHANGE OF NAME

Words ''magistrate judges'' substituted for ''magistrates'' in

text pursuant to section 321 of Pub. L. 101-650, set out as a note

under section 631 of Title 28, Judiciary and Judicial Procedure.

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18 USC Sec. 3010 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3010. Exceptions unnecessary - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Objections substituted for exceptions, rule 51.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 815.)

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18 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3011. Computation of time - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Computation: enlargement; expiration of term; motions and

affidavits; service by mail, rule 45.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 815.)

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18 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

(Sec. 3012. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(2),

Oct. 12, 1984, 98 Stat. 2027)

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Section, act June 25, 1948, ch. 645, 62 Stat. 815, related to

orders respecting prisoners or persons in custody.

EFFECTIVE DATE OF REPEAL

Repeal of section effective Nov. 1, 1987, and applicable only to

offenses committed after the taking effect of such repeal, see

section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date

note under section 3551 of this title.

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18 USC Sec. 3013 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 201 - GENERAL PROVISIONS

-HEAD-

Sec. 3013. Special assessment on convicted persons

-STATUTE-

(a) The court shall assess on any person convicted of an offense

against the United States -

(1) in the case of an infraction or a misdemeanor -

(A) if the defendant is an individual -

(i) the amount of $5 in the case of an infraction or a

class C misdemeanor;

(ii) the amount of $10 in the case of a class B

misdemeanor; and

(iii) the amount of $25 in the case of a class A

misdemeanor; and

(B) if the defendant is a person other than an individual -

(i) the amount of $25 in the case of an infraction or a

class C misdemeanor;

(ii) the amount of $50 in the case of a class B

misdemeanor; and

(iii) the amount of $125 in the case of a class A

misdemeanor;

(2) in the case of a felony -

(A) the amount of $100 if the defendant is an individual; and

(B) the amount of $400 if the defendant is a person other

than an individual.

(b) Such amount so assessed shall be collected in the manner that

fines are collected in criminal cases.

(c) The obligation to pay an assessment ceases five years after

the date of the judgment. This subsection shall apply to all

assessments irrespective of the date of imposition.

(d) For the purposes of this section, an offense under section 13

of this title is an offense against the United States.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1405(a), Oct. 12, 1984, 98

Stat. 2174; amended Pub. L. 100-185, Sec. 3, Dec. 11, 1987, 101

Stat. 1279; Pub. L. 100-690, title VII, Sec. 7082(b), 7085, Nov.

18, 1988, 102 Stat. 4407, 4408; Pub. L. 101-647, title XXXV, Sec.

3569, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 104-132, title II,

Sec. 210, Apr. 24, 1996, 110 Stat. 1240; Pub. L. 104-294, title VI,

Sec. 601(r)(4), Oct. 11, 1996, 110 Stat. 3502.)

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AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-294 struck out ''not less

than'' before ''$100'' in subpar. (A) and before ''$400'' in

subpar. (B).

Pub. L. 104-132 substituted ''not less than $100'' for ''$50'' in

subpar. (A) and ''not less than $400'' for ''$200'' in subpar. (B).

1990 - Subsec. (a)(1)(B). Pub. L. 101-647 substituted ''an

infraction'' for ''a infraction'' in cl. (i) and a semicolon for a

period at end of cl. (iii).

1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 7085, amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ''in

the case of a misdemeanor -

''(A) the amount of $25 if the defendant is an individual; and

''(B) the amount of $100 if the defendant is a person other

than an individual; and''.

Subsec. (c). Pub. L. 100-690, Sec. 7082(b), inserted at end

''This subsection shall apply to all assessments irrespective of

the date of imposition.''

1987 - Subsecs. (c), (d). Pub. L. 100-185 added subsecs. (c) and

(d).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 effective, to extent

constitutionally permissible, for sentencing proceedings in cases

in which defendant is convicted on or after Apr. 24, 1996, see

section 211 of Pub. L. 104-132, set out as a note under section

2248 of this title.

EFFECTIVE DATE

Section effective 30 days after Oct. 12, 1984, see section

1409(a) of Pub. L. 98-473, set out as a note under section 10601 of

Title 42, The Public Health and Welfare.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3563, 3612, 3663 of this

title; title 42 section 10601.

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