US (United States) Code. Title 18. Chapter 229: Postsentence administration

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

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 59 páginas
publicidad
publicidad

-CITE-

18 USC CHAPTER 229 - POSTSENTENCE ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

.

-HEAD-

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

-MISC1-

Subchapter Sec. (FOOTNOTE 1)

(FOOTNOTE 1) Editorially supplied.

A. Probation 3601

B. Fines 3611

C. Imprisonment 3621

PRIOR PROVISIONS

A prior chapter 229 (Sec. 3611 et seq.) was repealed (except

sections 3611, 3612, 3615, 3617 to 3620 which were renumbered

sections 3665 to 3671, respectively), by Pub. L. 98-473, title II,

Sec. 212(a)(1), (2), 235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2031,

as amended, effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of such repeal. See Effective

Date note set out under section 3551 of this title.

Section 3611 renumbered section 3665 of this title.

Section 3612 renumbered section 3666 of this title.

Section 3613, act June 25, 1948, ch. 645, 62 Stat. 840, related

to fines for setting grass and timber fires.

Section 3614, act June 25, 1948, ch. 645, 62 Stat. 840, related

to fine for seduction.

Section 3615 renumbered section 3667 of this title.

Section 3616, act June 25, 1948, ch. 645, 62 Stat. 840,

authorized use of confiscated vehicles by narcotics agents and

payment of costs of acquisition, maintenance, repair, and operation

thereof, prior to repeal by Pub. L. 91-513, title III, Sec.

1101(b)(2)(A), Oct. 27, 1970, 84 Stat. 1292.

Section 3617 renumbered section 3668 of this title.

Section 3618 renumbered section 3669 of this title.

Section 3619 renumbered section 3670 of this title.

Section 3620 renumbered section 3671 of this title.

Section 3621, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98

Stat. 3136, related to criminal default on fine.

Section 3622, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98

Stat. 3136, related to factors relating to imposition of fines.

Section 3623, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98

Stat. 3137, related to alternative fines.

Section 3624, added Pub. L. 98-596, Sec. 6(a), Oct. 30, 1984, 98

Stat. 3138, related to security for stayed fine.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3558, 3673 of this title.

-CITE-

18 USC SUBCHAPTER A - PROBATION 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

.

-HEAD-

SUBCHAPTER A - PROBATION

-MISC1-

SUBCHAPTER A - PROBATION (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

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

possessors.

3608. Drug testing of Federal offenders on post-conviction release.

AMENDMENTS

1994 - Pub. L. 103-322, title II, Sec. 20414(a)(2), title XXXIII,

Sec. 330010(3), Sept. 13, 1994, 108 Stat. 1830, 2143, transferred

analysis of this subchapter to follow heading for this subchapter

and added item 3608.

1990 - Pub. L. 101-647, title XXXV, Sec. 3590, Nov. 29, 1990, 104

Stat. 4930, substituted ''possessors'' for ''possessor'' in item

3607.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3566, 3586 of this

title.

-CITE-

18 USC Sec. 3601 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3601. Supervision of probation

-STATUTE-

A person who has been sentenced to probation pursuant to the

provisions of subchapter B of chapter 227, or placed on probation

pursuant to the provisions of chapter 403, or placed on supervised

release pursuant to the provisions of section 3583, shall, during

the term imposed, be supervised by a probation officer to the

degree warranted by the conditions specified by the sentencing

court.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2001.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-134, title I, Sec. 101((a)) (title VIII, Sec. 801),

Apr. 26, 1996, 110 Stat. 1321, 1321-66; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:

''This title (enacting sections 1915A and 1932 of Title 28,

Judiciary and Judicial Procedure, amending sections 3624 and 3626

of this title, section 523 of Title 11, Bankruptcy, sections 1346

and 1915 of Title 28, and sections 1997a to 1997c, 1997e, 1997f,

and 1997h of Title 42, The Public Health and Welfare, enacting

provisions set out as notes under section 3626 of this title, and

repealing provisions set out as a note under section 3626 of this

title) may be cited as the 'Prison Litigation Reform Act of

1995'.''

POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL

OPPORTUNITIES FOR INMATES

Pub. L. 107-273, div. B, title II, Sec. 2411, Nov. 2, 2002, 116

Stat. 1799, provided that:

''(a) Federal Reentry Center Demonstration. -

''(1) Authority and establishment of demonstration project. -

The Attorney General, in consultation with the Director of the

Administrative Office of the United States Courts, shall

establish the Federal Reentry Center Demonstration project. The

project shall involve appropriate prisoners from the Federal

prison population and shall utilize community corrections

facilities, home confinement, and a coordinated response by

Federal agencies to assist participating prisoners in preparing

for and adjusting to reentry into the community.

''(2) Project elements. - The project authorized by paragraph

(1) shall include the following core elements:

''(A) A Reentry Review Team for each prisoner, consisting of

a representative from the Bureau of Prisons, the United States

Probation System, the United States Parole Commission, and the

relevant community corrections facility, who shall initially

meet with the prisoner to develop a reentry plan tailored to

the needs of the prisoner.

''(B) A system of graduated levels of supervision with the

community corrections facility to promote community safety,

provide incentives for prisoners to complete the reentry plan,

including victim restitution, and provide a reasonable method

for imposing sanctions for a prisoner's violation of the

conditions of participation in the project.

''(C) Substance abuse treatment and aftercare, mental and

medical health treatment and aftercare, vocational and

educational training, life skills instruction, conflict

resolution skills training, batterer intervention programs,

assistance obtaining suitable affordable housing, and other

programming to promote effective reintegration into the

community as needed.

''(3) Probation officers. - From funds made available to carry

out this section, the Director of the Administrative Office of

the United States Courts shall assign 1 or more probation

officers from each participating judicial district to the Reentry

Demonstration project. Such officers shall be assigned to and

stationed at the community corrections facility and shall serve

on the Reentry Review Teams.

''(4) Project duration. - The Reentry Center Demonstration

project shall begin not later than 6 months following the

availability of funds to carry out this subsection, and shall

last 3 years.

''(b) Definitions. - In this section, the term 'appropriate

prisoner' shall mean a person who is considered by prison

authorities -

''(1) to pose a medium to high risk of committing a criminal

act upon reentering the community; and

''(2) to lack the skills and family support network that

facilitate successful reintegration into the community.

''(c) Authorization of Appropriations. - To carry out this

section, there are authorized to be appropriated, to remain

available until expended -

''(1) to the Federal Bureau of Prisons -

''(A) $1,375,000 for fiscal year 2003;

''(B) $1,110,000 for fiscal year 2004;

''(C) $1,130,000 for fiscal year 2005;

''(D) $1,155,000 for fiscal year 2006; and

''(E) $1,230,000 for fiscal year 2007; and

''(2) to the Federal Judiciary -

''(A) $3,380,000 for fiscal year 2003;

''(B) $3,540,000 for fiscal year 2004;

''(C) $3,720,000 for fiscal year 2005;

''(D) $3,910,000 for fiscal year 2006; and

''(E) $4,100,000 for fiscal year 2007.''

-CITE-

18 USC Sec. 3602 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3602. Appointment of probation officers

-STATUTE-

(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, 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.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2001.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3603 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3603. Duties of probation officers

-STATUTE-

A probation officer shall -

(1) instruct a probationer or a person on supervised release,

who is under his supervision, as to the conditions specified by

the sentencing court, and provide him with a written statement

clearly setting forth all such conditions;

(2) keep informed, to the degree required by the conditions

specified by the sentencing court, as to the conduct and

condition of a probationer or a person on supervised release, who

is under his supervision, and report his conduct and condition to

the sentencing court;

(3) use all suitable methods, not inconsistent with the

conditions specified by the court, to aid a probationer or a

person on supervised release who is under his supervision, and to

bring about improvements in his conduct and condition;

(4) be responsible for the supervision of any probationer or a

person on supervised release who is known to be within the

judicial district;

(5) keep a record of his work, and make such reports to the

Director of the Administrative Office of the United States Courts

as the Director may require;

(6) upon request of the Attorney General or his designee,

assist in the supervision of and furnish information about, a

person within the custody of the Attorney General while on work

release, furlough, or other authorized release from his regular

place of confinement, or while in prerelease custody pursuant to

the provisions of section 3624(c);

(7) keep informed concerning the conduct, condition, and

compliance with any condition of probation, including the payment

of a fine or restitution of each probationer under his

supervision and report thereon to the court placing such person

on probation and report to the court any failure of a probationer

under his supervision to pay a fine in default within thirty days

after notification that it is in default so that the court may

determine whether probation should be revoked;

(8)(A) when directed by the court, and to the degree required

by the regimen of care or treatment ordered by the court as a

condition of release, keep informed as to the conduct and provide

supervision of a person conditionally released under the

provisions of section 4243 or 4246 of this title, and report such

person's conduct and condition to the court ordering release and

to the Attorney General or his designee; and

(B) immediately report any violation of the conditions of

release to the court and the Attorney General or his designee;

(9) if approved by the district court, be authorized to carry

firearms under such rules and regulations as the Director of the

Administrative Office of the United States Courts may prescribe;

and

(10) perform any other duty that the court may designate.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2002; amended Pub. L. 99-646, Sec. 15(a), Nov. 10, 1986, 100

Stat. 3595; Pub. L. 102-572, title VII, Sec. 701(a), Oct. 29, 1992,

106 Stat. 4514; Pub. L. 104-317, title I, Sec. 101(a), Oct. 19,

1996, 110 Stat. 3848.)

-MISC1-

AMENDMENTS

1996 - Pars. (9), (10). Pub. L. 104-317 added par. (9) and

redesignated former par. (9) as (10).

1992 - Pars. (8), (9). Pub. L. 102-572 added par. (8) and

redesignated former par. (8) as (9).

1986 - Pub. L. 99-646 redesignated pars. (a) to (h) as (1) to

(8), respectively, and in par. (6) substituted ''assist in the

supervision of'' for ''supervise'' and inserted a comma after

''about''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101 of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 15(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of the taking effect of section 3603 of title 18, United

States Code (Nov. 1, 1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3604 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3604. Transportation of a probationer

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2002.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3605 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3605. Transfer of jurisdiction over a probationer

-STATUTE-

A court, after imposing a sentence, may transfer jurisdiction

over a probationer or person on supervised release to the district

court for any other district to which the person is required to

proceed as a condition of his probation or release, or is permitted

to proceed, with the concurrence of such court. A later transfer

of jurisdiction may be made in the same manner. A court to which

jurisdiction is transferred under this section is authorized to

exercise all powers over the probationer or releasee that are

permitted by this subchapter or subchapter B or D of chapter 227.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2003.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3606 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3606. Arrest and return of a probationer

-STATUTE-

If there is probable cause to believe that a probationer or a

person on supervised release has violated a condition of his

probation or release, he may be arrested, and, upon arrest, shall

be taken without unnecessary delay before the court having

jurisdiction over him. A probation officer may make such an arrest

wherever the probationer or releasee is found, and may make the

arrest without a warrant. The court having supervision of the

probationer or releasee, or, if there is no such court, the court

last having supervision of the probationer or releasee, may issue a

warrant for the arrest of a probationer or releasee for violation

of a condition of release, and a probation officer or United States

marshal may execute the warrant in the district in which the

warrant was issued or in any district in which the probationer or

releasee is found.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2003.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3607 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3607. Special probation and expungement procedures for drug

possessors

-STATUTE-

(a) Pre-judgment Probation. - If a person found guilty of an

offense described in section 404 of the Controlled Substances Act

(21 U.S.C. 844) -

(1) has not, prior to the commission of such offense, been

convicted of violating a Federal or State law relating to

controlled substances; and

(2) has not previously been the subject of a disposition under

this subsection;

the court may, with the consent of such person, place him on

probation for a term of not more than one year without entering a

judgment of conviction. At any time before the expiration of the

term of probation, if the person has not violated a condition of

his probation, the court may, without entering a judgment of

conviction, dismiss the proceedings against the person and

discharge him from probation. At the expiration of the term of

probation, if the person has not violated a condition of his

probation, the court shall, without entering a judgment of

conviction, dismiss the proceedings against the person and

discharge him from probation. If the person violates a condition

of his probation, the court shall proceed in accordance with the

provisions of section 3565.

(b) Record of Disposition. - A nonpublic record of a disposition

under subsection (a), or a conviction that is the subject of an

expungement order under subsection (c), shall be retained by the

Department of Justice solely for the purpose of use by the courts

in determining in any subsequent proceeding whether a person

qualifies for the disposition provided in subsection (a) or the

expungement provided in subsection (c). A disposition under

subsection (a), or a conviction that is the subject of an

expungement order under subsection (c), shall not be considered a

conviction for the purpose of a disqualification or a disability

imposed by law upon conviction of a crime, or for any other

purpose.

(c) Expungement of Record of Disposition. - If the case against a

person found guilty of an offense under section 404 of the

Controlled Substances Act (21 U.S.C. 844) is the subject of a

disposition under subsection (a), and the person was less than

twenty-one years old at the time of the offense, the court shall

enter an expungement order upon the application of such person.

The expungement order shall direct that there be expunged from all

official records, except the nonpublic records referred to in

subsection (b), all references to his arrest for the offense, the

institution of criminal proceedings against him, and the results

thereof. The effect of the order shall be to restore such person,

in the contemplation of the law, to the status he occupied before

such arrest or institution of criminal proceedings. A person

concerning whom such an order has been entered shall not be held

thereafter under any provision of law to be guilty of perjury,

false swearing, or making a false statement by reason of his

failure to recite or acknowledge such arrests or institution of

criminal proceedings, or the results thereof, in response to an

inquiry made of him for any purpose.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2003.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 841.

-CITE-

18 USC Sec. 3608 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER A - PROBATION

-HEAD-

Sec. 3608. Drug testing of Federal offenders on post-conviction

release

-STATUTE-

The Director of the Administrative Office of the United States

Courts, in consultation with the Attorney General and the Secretary

of Health and Human Services, shall, subject to the availability of

appropriations, establish a program of drug testing of Federal

offenders on post-conviction release. The program shall include

such standards and guidelines as the Director may determine

necessary to ensure the reliability and accuracy of the drug

testing programs. In each judicial district the chief probation

officer shall arrange for the drug testing of defendants on

post-conviction release pursuant to a conviction for a felony or

other offense described in section 3563(a)(4). (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Added Pub. L. 103-322, title II, Sec. 20414(a)(1), Sept. 13, 1994,

108 Stat. 1830.)

-REFTEXT-

REFERENCES IN TEXT

Section 3563(a)(4), referred to in text, probably means the par.

(4) of section 3563(a) added by section 20414(b)(3) of Pub. L.

103-322, which was renumbered par. (5) by Pub. L. 104-132, title

II, Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

-CITE-

18 USC SUBCHAPTER B - FINES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

.

-HEAD-

SUBCHAPTER B - FINES

-MISC1-

SUBCHAPTER B - FINES (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

3611. Payment of a fine or restitution.

3612. Collection of an unpaid fine or restitution. (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Does not conform to section

catchline.

3613. Civil remedies for satisfaction of an unpaid fine.

3613A. Effect of default.

3614. Resentencing upon failure to pay a fine or restitution.

3615. Criminal default.

AMENDMENTS

1996 - Pub. L. 104-132, title II, Sec. 207(d), Apr. 24, 1996, 110

Stat. 1240, amended table of sections generally, inserting ''or

restitution'' after ''fine'' in items 3611, 3612, and 3614,

reenacting items 3613 and 3615 without change, and adding item

3613A.

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,

1994, 108 Stat. 2143, transferred analysis of this subchapter to

follow heading for this subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3574, 3664 of this

title.

-CITE-

18 USC Sec. 3611 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

-HEAD-

Sec. 3611. Payment of a fine or restitution

-STATUTE-

A person who is sentenced to pay a fine, assessment, or

restitution, shall pay the fine, assessment, or restitution

(including any interest or penalty), as specified by the Director

of the Administrative Office of the United States Courts. Such

Director may specify that such payment be made to the clerk of the

court or in the manner provided for under section 604(a)(18) of

title 28, United States Code.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2004; amended Pub. L. 100-185, Sec. 10(a), Dec. 11, 1987, 101

Stat. 1283; Pub. L. 101-647, title XXXV, Sec. 3591, Nov. 29, 1990,

104 Stat. 4931; Pub. L. 104-132, title II, Sec. 207(c)(1), Apr. 24,

1996, 110 Stat. 1237.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3611, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

AMENDMENTS

1996 - Pub. L. 104-132 substituted ''Payment of a fine or

restitution'' for ''Payment of a fine'' in section catchline and

'', assessment, or restitution, shall pay the fine, assessment, or

restitution'' for ''or assessment shall pay the fine or

assessment'' in text.

1990 - Pub. L. 101-647 substituted ''604(a)(18)'' for

''604(a)(17)''.

1987 - Pub. L. 100-185 amended section generally. Prior to

amendment, section read as follows: ''A person who has been

sentenced to pay a fine pursuant to the provisions of subchapter C

of chapter 227 shall pay the fine immediately, or by the time and

method specified by the sentencing court, to the clerk of the

court. The clerk shall forward the payment to the United States

Treasury.''

EFFECTIVE DATE OF 1996 AMENDMENT

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

constitutionally permissible, for sentencing proceedings in cases

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

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

2248 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 10(b) of Pub. L. 100-185 provided that: ''The amendment

made by this section (amending this section) shall apply with

respect to any fine imposed after October 31, 1988. Such amendment

shall also apply with respect to any fine imposed on or before

October 31, 1988, if the fine remains uncollected as of February 1,

1989, unless the Director of the Administrative Office of the

United States Courts determines further delay is necessary. If the

Director so determines, the amendment made by this section shall

apply with respect to any such fine imposed on or before October

31, 1988, if the fine remains uncollected as of May 1, 1989.''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

RECEIPT OF FINES - INTERIM PROVISIONS

Section 9 of Pub. L. 100-185 provided that:

''(a) November 1, 1987, to April 30, 1988. - Notwithstanding

section 3611 of title 18, United States Code, a person who, during

the period beginning on November 1, 1987, and ending on April 30,

1988, is sentenced to pay a fine or assessment shall pay the fine

or assessment (including any interest or penalty) to the clerk of

the court, with respect to an offense committed on or before

December 31, 1984, and to the Attorney General, with respect to an

offense committed after December 31, 1984.

''(b) May 1, 1988, to October 31, 1988. - (1) Notwithstanding

section 3611 of title 18, United States Code, a person who during

the period beginning on May 1, 1988, and ending on October 31,

1988, is sentenced to pay a fine or assessment shall pay the fine

or assessment in accordance with this subsection.

''(2) In a case initiated by citation or violation notice, such

person shall pay the fine or assessment (including any interest or

penalty), as specified by the Director of the Administrative Office

of the United States Courts. Such Director may specify that such

payment be made to the clerk of the court or in the manner provided

for under section 604(a)(17) of title 28, United States Code.

''(3) In any other case, such person shall pay the fine or

assessment (including any interest or penalty) to the clerk of the

court, with respect to an offense committed on or before December

31, 1984, and to the Attorney General, with respect to an offense

committed after December 31, 1984.''

-CITE-

18 USC Sec. 3612 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

-HEAD-

Sec. 3612. Collection of unpaid fine or restitution

-STATUTE-

(a) Notification of Receipt and Related Matters. - The clerk or

the person designated under section 604(a)(18) of title 28 shall

notify the Attorney General of each receipt of a payment with

respect to which a certification is made under subsection (b),

together with other appropriate information relating to such

payment. The notification shall be provided -

(1) in such manner as may be agreed upon by the Attorney

General and the Director of the Administrative Office of the

United States Courts; and

(2) within 15 days after the receipt or at such other time as

may be determined jointly by the Attorney General and the

Director of the Administrative Office of the United States

Courts.

If the fifteenth day under paragraph (2) is a Saturday, Sunday, or

legal public holiday, the clerk, or the person designated under

section 604(a)(18) of title 28, shall provide notification not

later than the next day that is not a Saturday, Sunday, or legal

public holiday.

(b) Information to be Included in Judgment; Judgment to be

Transmitted to Attorney General. - (1) A judgment or order

imposing, modifying, or remitting a fine or restitution order of

more than $100 shall include -

(A) the name, social security account number, mailing address,

and residence address of the defendant;

(B) the docket number of the case;

(C) the original amount of the fine or restitution order and

the amount that is due and unpaid;

(D) the schedule of payments (if other than immediate payment

is permitted under section 3572(d));

(E) a description of any modification or remission;

(F) if other than immediate payment is permitted, a requirement

that, until the fine or restitution order is paid in full, the

defendant notify the Attorney General of any change in the

mailing address or residence address of the defendant not later

than thirty days after the change occurs; and

(G) in the case of a restitution order, information sufficient

to identify each victim to whom restitution is owed. It shall be

the responsibility of each victim to notify the Attorney General,

or the appropriate entity of the court, by means of a form to be

provided by the Attorney General or the court, of any change in

the victim's mailing address while restitution is still owed the

victim. The confidentiality of any information relating to a

victim shall be maintained.

(2) Not later than ten days after entry of the judgment or order,

the court shall transmit a certified copy of the judgment or order

to the Attorney General.

(c) Responsibility for Collection. - The Attorney General shall

be responsible for collection of an unpaid fine or restitution

concerning which a certification has been issued as provided in

subsection (b). An order of restitution, pursuant to section 3556,

does not create any right of action against the United States by

the person to whom restitution is ordered to be paid. Any money

received from a defendant shall be disbursed so that each of the

following obligations is paid in full in the following sequence:

(1) A penalty assessment under section 3013 of title 18, United

States Code.

(2) Restitution of all victims.

(3) All other fines, penalties, costs, and other payments

required under the sentence.

(d) Notification of Delinquency. - Within ten working days after

a fine or restitution is determined to be delinquent as provided in

section 3572(h), the Attorney General shall notify the person whose

fine or restitution is delinquent, to inform the person of the

delinquency.

(e) Notification of Default. - Within ten working days after a

fine or restitution is determined to be in default as provided in

section 3572(i), the Attorney General shall notify the person

defaulting to inform the person that the fine or restitution is in

default and the entire unpaid balance, including interest and

penalties, is due within thirty days.

(f) Interest on Fines and restitution. -

(1) In general. - The defendant shall pay interest on any fine

or restitution of more than $2,500, unless the fine is paid in

full before the fifteenth day after the date of the judgment. If

that day is a Saturday, Sunday, or legal public holiday, the

defendant shall be liable for interest beginning with the next

day that is not a Saturday, Sunday, or legal public holiday.

(2) Computation. - Interest on a fine shall be computed -

(A) daily (from the first day on which the defendant is

liable for interest under paragraph (1)); and

(B) at a rate equal to the weekly average 1-year constant

maturity Treasury yield, as published by the Board of Governors

of the Federal Reserve System, for the calendar week preceding

the first day on which the defendant is liable for interest

under paragraph (1).

(3) Modification of interest by court. - If the court

determines that the defendant does not have the ability to pay

interest under this subsection, the court may -

(A) waive the requirement for interest;

(B) limit the total of interest payable to a specific dollar

amount; or

(C) limit the length of the period during which interest

accrues.

(g) Penalty for Delinquent Fine. - If a fine or restitution

becomes delinquent, the defendant shall pay, as a penalty, an

amount equal to 10 percent of the principal amount that is

delinquent. If a fine or restitution becomes in default, the

defendant shall pay, as a penalty, an additional amount equal to 15

percent of the principal amount that is in default.

(h) Waiver of Interest or Penalty by Attorney General. - The

Attorney General may waive all or part of any interest or penalty

under this section or any interest or penalty relating to a fine

imposed under any prior law if, as determined by the Attorney

General, reasonable efforts to collect the interest or penalty are

not likely to be effective.

(i) Application of Payments. - Payments relating to fines and

restitution shall be applied in the following order: (1) to

principal; (2) to costs; (3) to interest; and (4) to penalties.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2004; amended Pub. L. 100-185, Sec. 11, Dec. 11, 1987, 101

Stat. 1283; Pub. L. 100-690, title VII, Sec. 7082(c), (d), Nov. 18,

1988, 102 Stat. 4408; Pub. L. 101-647, title XXXV, Sec. 3592, Nov.

29, 1990, 104 Stat. 4931; Pub. L. 104-132, title II, Sec.

207(c)(2), Apr. 24, 1996, 110 Stat. 1237; Pub. L. 106-554, Sec.

1(a)(7) (title III, Sec. 307(b)), Dec. 21, 2000, 114 Stat. 2763,

2763A-635; Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(15),

Nov. 2, 2002, 116 Stat. 1808.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3612, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

AMENDMENTS

2002 - Subsec. (f)(2)(B). Pub. L. 107-273 substituted ''preceding

the first day'' for ''preceding. the first day''.

2000 - Subsec. (f)(2)(B). Pub. L. 106-554 substituted ''the

weekly average 1-year constant maturity Treasury yield, as

published by the Board of Governors of the Federal Reserve System,

for the calendar week preceding.'' for ''the coupon issue yield

equivalent (as determined by the Secretary of the Treasury) of the

average accepted auction price for the last auction of fifty-two

week United States Treasury bills settled before''.

1996 - Pub. L. 104-132, Sec. 207(c)(2)(A), substituted

''Collection of unpaid fine or restitution'' for ''Collection of an

unpaid fine'' in section catchline.

Subsec. (b)(1). Pub. L. 104-132, Sec. 207(c)(2)(B)(i), inserted

''or restitution order'' after ''fine'' in introductory provisions.

Subsec. (b)(1)(C). Pub. L. 104-132, Sec. 207(c)(2)(B)(ii),

inserted ''or restitution order'' after ''fine''.

Subsec. (b)(1)(E). Pub. L. 104-132, Sec. 207(c)(2)(B)(iii),

struck out ''and'' at end.

Subsec. (b)(1)(F). Pub. L. 104-132, Sec. 207(c)(2)(B)(iv),

inserted ''or restitution order'' after ''fine'' and substituted

''; and'' for period at end.

Subsec. (b)(1)(G). Pub. L. 104-132, Sec. 207(c)(2)(B)(v), added

subpar. (G).

Subsec. (c). Pub. L. 104-132, Sec. 207(c)(2)(C), inserted ''or

restitution'' after ''unpaid fine'' in first sentence and inserted

at end ''Any money received from a defendant shall be disbursed so

that each of the following obligations is paid in full in the

following sequence:

''(1) A penalty assessment under section 3013 of title 18,

United States Code.

''(2) Restitution of all victims.

''(3) All other fines, penalties, costs, and other payments

required under the sentence.''

Subsec. (d). Pub. L. 104-132, Sec. 207(c)(2)(D)(ii), which

directed substitution of ''or restitution is delinquent, to inform

the person of the delinquency'' for ''is delinquent, to inform him

that the fine is delinquent'', was executed by making the

substitution for ''is delinquent to inform him that the fine is

delinquent'' to reflect the probable intent of Congress.

Pub. L. 104-132, Sec. 207(c)(2)(D)(i), inserted ''or

restitution'' after ''Within ten working days after a fine''.

Subsec. (e). Pub. L. 104-132, Sec. 207(c)(2)(E), inserted ''or

restitution'' after ''days after a fine'' and substituted ''the

person that the fine or restitution is in default'' for ''him that

the fine is in default''.

Subsec. (f). Pub. L. 104-132, Sec. 207(c)(2)(F)(i), which

directed amendment of heading by inserting ''and restitution''

after ''on fines'', was executed by inserting the material after

''on fines'' to reflect the probable intent of Congress.

Subsec. (f)(1). Pub. L. 104-132, Sec. 207(c)(2)(F)(ii), inserted

''or restitution'' after ''any fine''.

Subsec. (g). Pub. L. 104-132, Sec. 207(c)(2)(G), inserted ''or

restitution'' after ''fine'' in two places.

Subsec. (i). Pub. L. 104-132, Sec. 207(c)(2)(H), inserted ''and

restitution'' after ''fines''.

1990 - Subsec. (a). Pub. L. 101-647 substituted ''604(a)(18)''

for ''604(a)(17)'' wherever appearing.

1988 - Subsec. (d). Pub. L. 100-690, Sec. 7082(d), struck out '',

by certified mail,'' after ''fine is delinquent''.

Subsec. (e). Pub. L. 100-690, Sec. 7082(d), struck out '', by

certified mail,'' after ''the person defaulting''.

Subsec. (h). Pub. L. 100-690, Sec. 7082(c), inserted ''or any

interest or penalty relating to a fine imposed under any prior

law'' after ''under this section''.

1987 - Subsec. (a). Pub. L. 100-185, Sec. 11(a), substituted

''Notification of receipt and related matters'' for ''Disposition

of payment'' in heading and amended text generally. Prior to

amendment, text read as follows: ''The clerk shall forward each

fine payment to the United States Treasury and shall notify the

Attorney General of its receipt within ten working days.''

Subsec. (b). Pub. L. 100-185, Sec. 11(b), substituted

''Information to be included in judgment; judgment to be

transmitted to Attorney General'' for ''Certification of

imposition'' in heading and amended text generally. Prior to

amendment, text read as follows: ''If a fine exceeding $100 is

imposed, modified, or remitted, the sentencing court shall

incorporate in the order imposing, remitting, or modifying such

fine, and promptly certify to the Attorney General -

''(1) the name of the person fined;

''(2) his current address;

''(3) the docket number of the case;

''(4) the amount of the fine imposed;

''(5) any installment schedule;

''(6) the nature of any modification or remission of the fine

or installment schedule; and

''(7) the amount of the fine that is due and unpaid.''

Subsec. (d). Pub. L. 100-185, Sec. 11(c)(1), substituted

''section 3572(h)'' for ''section 3572(i)''.

Subsec. (e). Pub. L. 100-185, Sec. 11(c)(2), substituted

''section 3572(i)'' for ''section 3572(j)''.

Subsec. (f). Pub. L. 100-185, Sec. 11(d), amended subsec. (f)

generally, substituting provisions relating to interest on fines,

computation of interest, and modification of interest by court, for

provisions relating to interest and monetary penalties for

delinquent fines.

Subsecs. (g) to (i). Pub. L. 100-185, Sec. 11(e), added subsecs.

(g) to (i).

EFFECTIVE DATE OF 1996 AMENDMENT

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

constitutionally permissible, for sentencing proceedings in cases

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

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

2248 of this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

COLLECTION OF OUTSTANDING FINES

Section 237 of Pub. L. 98-473 provided that:

''(a)(1) Except as provided in paragraph (2), for each criminal

fine for which the unpaid balance exceeds $100 as of the effective

date of this Act (see section 235 of Pub. L. 98-473, as amended,

set out as a note under section 3551 of this title), the Attorney

General shall, within one hundred and twenty days, notify the

person by certified mail of his obligation, within thirty days

after notification, to -

''(A) pay the fine in full;

''(B) specify, and demonstrate compliance with, an installment

schedule established by a court before enactment of the

amendments made by this Act (Oct. 12, 1984), specifying the dates

on which designated partial payments will be made; or

''(C) establish with the concurrence of the Attorney General, a

new installment schedule of a duration not exceeding two years,

except in special circumstances, and specifying the dates on

which designated partial payments will be made.

''(2) This subsection shall not apply in cases in which -

''(A) the Attorney General believes the likelihood of

collection is remote; or

''(B) criminal fines have been stayed pending appeal.

''(b) The Attorney General shall, within one hundred and eighty

days after the effective date of this Act, declare all fines for

which this obligation is unfulfilled to be in criminal default,

subject to the civil and criminal remedies established by

amendments made by this Act (see Short Title note set out under

section 3551 of this title). No interest or monetary penalties

shall be charged on any fines subject to this section.

''(c) Not later than one year following the effective date of

this Act, the Attorney General shall include in the annual crime

report steps taken to implement this Act and the progress achieved

in criminal fine collection, including collection data for each

judicial district.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3663 of this title; title

21 section 853.

-CITE-

18 USC Sec. 3613 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

-HEAD-

Sec. 3613. Civil remedies for satisfaction of an unpaid fine

-STATUTE-

(a) Enforcement. - The United States may enforce a judgment

imposing a fine in accordance with the practices and procedures for

the enforcement of a civil judgment under Federal law or State

law. Notwithstanding any other Federal law (including section 207

of the Social Security Act), a judgment imposing a fine may be

enforced against all property or rights to property of the person

fined, except that -

(1) property exempt from levy for taxes pursuant to section

6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of

the Internal Revenue Code of 1986 shall be exempt from

enforcement of the judgment under Federal law;

(2) section 3014 of chapter 176 of title 28 shall not apply to

enforcement under Federal law; and

(3) the provisions of section 303 of the Consumer Credit

Protection Act (15 U.S.C. 1673) shall apply to enforcement of the

judgment under Federal law or State law.

(b) Termination of Liability. - The liability to pay a fine shall

terminate the later of 20 years from the entry of judgment or 20

years after the release from imprisonment of the person fined, or

upon the death of the individual fined.

(c) Lien. - A fine imposed pursuant to the provisions of

subchapter C of chapter 227 of this title, or an order of

restitution made pursuant to sections (FOOTNOTE 1) 2248, 2259,

2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor

of the United States on all property and rights to property of the

person fined as if the liability of the person fined were a

liability for a tax assessed under the Internal Revenue Code of

1986. The lien arises on the entry of judgment and continues for 20

years or until the liability is satisfied, remitted, set aside, or

is terminated under subsection (b).

(FOOTNOTE 1) So in original. Probably should be ''section''.

(d) Effect of Filing Notice of Lien. - Upon filing of a notice of

lien in the manner in which a notice of tax lien would be filed

under section 6323(f)(1) and (2) of the Internal Revenue Code of

1986, the lien shall be valid against any purchaser, holder of a

security interest, mechanic's lienor or judgment lien creditor,

except with respect to properties or transactions specified in

subsection (b), (c), or (d) of section 6323 of the Internal Revenue

Code of 1986 for which a notice of tax lien properly filed on the

same date would not be valid. The notice of lien shall be

considered a notice of lien for taxes payable to the United States

for the purpose of any State or local law providing for the filing

of a notice of a tax lien. A notice of lien that is registered,

recorded, docketed, or indexed in accordance with the rules and

requirements relating to judgments of the courts of the State where

the notice of lien is registered, recorded, docketed, or indexed

shall be considered for all purposes as the filing prescribed by

this section. The provisions of section 3201(e) of chapter 176 of

title 28 shall apply to liens filed as prescribed by this section.

(e) Discharge of Debt Inapplicable. - No discharge of debts in a

proceeding pursuant to any chapter of title 11, United States Code,

shall discharge liability to pay a fine pursuant to this section,

and a lien filed as prescribed by this section shall not be voided

in a bankruptcy proceeding.

(f) Applicability to Order of Restitution. - In accordance with

section 3664(m)(1)(A) of this title, all provisions of this section

are available to the United States for the enforcement of an order

of restitution.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2005; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095; Pub. L. 101-647, title XXXV, Sec. 3593, Nov. 29, 1990,

104 Stat. 4931; Pub. L. 104-132, title II, Sec. 207(c)(3), Apr. 24,

1996, 110 Stat. 1238.)

-REFTEXT-

REFERENCES IN TEXT

Section 207 of the Social Security Act, referred to in subsec.

(a), is classified to section 407 of Title 42, The Public Health

and Welfare.

The Internal Revenue Code of 1986, referred to in subsecs.

(a)(1), (c), and (d), is classified generally to Title 26, Internal

Revenue Code.

-MISC2-

PRIOR PROVISIONS

For a prior section 3613, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

AMENDMENTS

1996 - Pub. L. 104-132 amended section generally, reenacting

section catchline without change and substituting, in subsec. (a),

provisions relating to enforcement for provisions relating to lien,

in subsec. (b), provisions relating to termination of liability for

provisions relating to expiration of lien, in subsec. (c),

provisions relating to lien for provisions relating to application

of other lien provisions, in subsec. (d), provisions relating to

effect of filing notice of lien for provisions relating to effect

of notice of lien, in subsec. (e), provisions relating to

inapplicability of bankruptcy discharges of debt for provisions

relating to alternative enforcement, and in subsec. (f), provisions

relating to applicability to order of restitution for provisions

relating to inapplicability of bankruptcy discharges of debt.

1990 - Subsec. (c). Pub. L. 101-647, which directed amendment of

''Section 3613(c)'' by striking the period before the closing

quotation marks and inserting a period after such marks, without

identifying a Code title or Act for section 3613, was executed by

substituting ''construed to mean 'fine'.'' for ''construed to mean

'fine.' '' in subsec. (c) of this section to reflect the probable

intent of Congress.

1986 - Subsecs. (b) to (d). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954''

wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

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

constitutionally permissible, for sentencing proceedings in cases

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

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

2248 of this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3613A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

-HEAD-

Sec. 3613A. Effect of default

-STATUTE-

(a)(1) Upon a finding that the defendant is in default on a

payment of a fine or restitution, the court may, pursuant to

section 3565, revoke probation or a term of supervised release,

modify the terms or conditions of probation or a term of supervised

release, resentence a defendant pursuant to section 3614, hold the

defendant in contempt of court, enter a restraining order or

injunction, order the sale of property of the defendant, accept a

performance bond, enter or adjust a payment schedule, or take any

other action necessary to obtain compliance with the order of a

fine or restitution.

(2) In determining what action to take, the court shall consider

the defendant's employment status, earning ability, financial

resources, the willfulness in failing to comply with the fine or

restitution order, and any other circumstances that may have a

bearing on the defendant's ability or failure to comply with the

order of a fine or restitution.

(b)(1) Any hearing held pursuant to this section may be conducted

by a magistrate judge, subject to de novo review by the court.

(2) To the extent practicable, in a hearing held pursuant to this

section involving a defendant who is confined in any jail, prison,

or other correctional facility, proceedings in which the prisoner's

participation is required or permitted shall be conducted by

telephone, video conference, or other communications technology

without removing the prisoner from the facility in which the

prisoner is confined.

-SOURCE-

(Added Pub. L. 104-132, title II, Sec. 207(c)(4), Apr. 24, 1996,

110 Stat. 1239.)

-MISC1-

EFFECTIVE DATE

Section to be effective, to extent constitutionally permissible,

for sentencing proceedings in cases in which the defendant is

convicted on or after Apr. 24, 1996, see section 211 of Pub. L.

104-132, set out as an Effective Date of 1996 Amendment note under

section 2248 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3572, 3664 of this title.

-CITE-

18 USC Sec. 3614 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

-HEAD-

Sec. 3614. Resentencing upon failure to pay a fine or restitution

-STATUTE-

(a) Resentencing. - Subject to the provisions of subsection (b),

if a defendant knowingly fails to pay a delinquent fine or

restitution the court may resentence the defendant to any sentence

which might originally have been imposed.

(b) Imprisonment. - The defendant may be sentenced to a term of

imprisonment under subsection (a) only if the court determines that

-

(1) the defendant willfully refused to pay the delinquent fine

or had failed to make sufficient bona fide efforts to pay the

fine; or

(2) in light of the nature of the offense and the

characteristics of the person, alternatives to imprisonment are

not adequate to serve the purposes of punishment and deterrence.

(c) Effect of Indigency. - In no event shall a defendant be

incarcerated under this section solely on the basis of inability to

make payments because the defendant is indigent.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2006; amended Pub. L. 104-132, title II, Sec. 207(c)(5), Apr.

24, 1996, 110 Stat. 1240.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3614, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

AMENDMENTS

1996 - Pub. L. 104-232, Sec. 207(c)(5)(A), inserted ''or

restitution'' after ''fine'' in section catchline.

Subsec. (a). Pub. L. 104-232, Sec. 207(c)(5)(B), inserted ''or

restitution'' after ''fine''.

Subsec. (c). Pub. L. 104-232, Sec. 207(c)(5)(C), added subsec.

(c).

EFFECTIVE DATE OF 1996 AMENDMENT

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

constitutionally permissible, for sentencing proceedings in cases

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

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

2248 of this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3613A, 3664 of this

title.

-CITE-

18 USC Sec. 3615 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER B - FINES

-HEAD-

Sec. 3615. Criminal default

-STATUTE-

Whoever, having been sentenced to pay a fine, willfully fails to

pay the fine, shall be fined not more than twice the amount of the

unpaid balance of the fine or $10,000, whichever is greater,

imprisoned not more than one year, or both.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2006.)

-MISC1-

PRIOR PROVISIONS

For prior sections 3615 to 3620, applicable to offenses committed

prior to Nov. 1, 1987, see note set out preceding section 3601 of

this title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC SUBCHAPTER C - IMPRISONMENT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

.

-HEAD-

SUBCHAPTER C - IMPRISONMENT

-MISC1-

SUBCHAPTER C - IMPRISONMENT (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should not appear.

Sec.

3621. Imprisonment of a convicted person.

3622. Temporary release of a prisoner.

3623. Transfer of a prisoner to State authority.

3624. Release of a prisoner.

3625. Inapplicability of the Administrative Procedure Act.

3626. Appropriate remedies with respect to prison conditions.

AMENDMENTS

1996 - Pub. L. 104-134, title I, Sec. 101((a)) (title VIII, Sec.

802(c)), Apr. 26, 1996, 110 Stat. 1321, 1321-70; renumbered title

I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, which

directed that table of sections at beginning of subchapter C of

this chapter be amended generally to read ''3626. Appropriate

remedies with respect to prison conditions.'', was executed by

making amendment in item 3626 to reflect the probable intent of

Congress. Prior to amendment, item 3626 read as follows: ''3626.

Appropriate remedies with respect to prison crowding.''

1994 - Pub. L. 103-322, title II, Sec. 20409(c), title XXXIII,

Sec. 330010(3), Sept. 13, 1994, 108 Stat. 1828, 2143, transferred

analysis of this subchapter to follow heading for this subchapter

and added item 3626.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3586 of this title.

-CITE-

18 USC Sec. 3621 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

-HEAD-

Sec. 3621. Imprisonment of a convicted person

-STATUTE-

(a) Commitment to Custody of Bureau of Prisons. - A person who

has been sentenced to a term of imprisonment pursuant to the

provisions of subchapter D of chapter 227 shall be committed to the

custody of the Bureau of Prisons until the expiration of the term

imposed, or until earlier released for satisfactory behavior

pursuant to the provisions of section 3624.

(b) Place of Imprisonment. - The Bureau of Prisons shall

designate the place of the prisoner's imprisonment. The Bureau may

designate any available penal or correctional facility that meets

minimum standards of health and habitability established by the

Bureau, whether maintained by the Federal Government or otherwise

and whether within or without the judicial district in which the

person was convicted, that the Bureau determines to be appropriate

and suitable, considering -

(1) the resources of the facility contemplated;

(2) the nature and circumstances of the offense;

(3) the history and characteristics of the prisoner;

(4) any statement by the court that imposed the sentence -

(A) concerning the purposes for which the sentence to

imprisonment was determined to be warranted; or

(B) recommending a type of penal or correctional facility as

appropriate; and

(5) any pertinent policy statement issued by the Sentencing

Commission pursuant to section 994(a)(2) of title 28.

In designating the place of imprisonment or making transfers under

this subsection, there shall be no favoritism given to prisoners of

high social or economic status. The Bureau may at any time, having

regard for the same matters, direct the transfer of a prisoner from

one penal or correctional facility to another. The Bureau shall

make available appropriate substance abuse treatment for each

prisoner the Bureau determines has a treatable condition of

substance addiction or abuse.

(c) Delivery of Order of Commitment. - When a prisoner, pursuant

to a court order, is placed in the custody of a person in charge of

a penal or correctional facility, a copy of the order shall be

delivered to such person as evidence of this authority to hold the

prisoner, and the original order, with the return endorsed thereon,

shall be returned to the court that issued it.

(d) Delivery of Prisoner for Court Appearances. - The United

States marshal shall, without charge, bring a prisoner into court

or return him to a prison facility on order of a court of the

United States or on written request of an attorney for the

Government.

(e) Substance Abuse Treatment. -

(1) Phase-in. - In order to carry out the requirement of the

last sentence of subsection (b) of this section, that every

prisoner with a substance abuse problem have the opportunity to

participate in appropriate substance abuse treatment, the Bureau

of Prisons shall, subject to the availability of appropriations,

provide residential substance abuse treatment (and make

arrangements for appropriate aftercare) -

(A) for not less than 50 percent of eligible prisoners by the

end of fiscal year 1995, with priority for such treatment

accorded based on an eligible prisoner's proximity to release

date;

(B) for not less than 75 percent of eligible prisoners by the

end of fiscal year 1996, with priority for such treatment

accorded based on an eligible prisoner's proximity to release

date; and

(C) for all eligible prisoners by the end of fiscal year 1997

and thereafter, with priority for such treatment accorded based

on an eligible prisoner's proximity to release date.

(2) Incentive for prisoners' successful completion of treatment

program. -

(A) Generally. - Any prisoner who, in the judgment of the

Director of the Bureau of Prisons, has successfully completed a

program of residential substance abuse treatment provided under

paragraph (1) of this subsection, shall remain in the custody

of the Bureau under such conditions as the Bureau deems

appropriate. If the conditions of confinement are different

from those the prisoner would have experienced absent the

successful completion of the treatment, the Bureau shall

periodically test the prisoner for substance abuse and

discontinue such conditions on determining that substance abuse

has recurred.

(B) Period of custody. - The period a prisoner convicted of a

nonviolent offense remains in custody after successfully

completing a treatment program may be reduced by the Bureau of

Prisons, but such reduction may not be more than one year from

the term the prisoner must otherwise serve.

(3) Report. - The Bureau of Prisons shall transmit to the

Committees on the Judiciary of the Senate and the House of

Representatives on January 1, 1995, and on January 1 of each year

thereafter, a report. Such report shall contain -

(A) a detailed quantitative and qualitative description of

each substance abuse treatment program, residential or not,

operated by the Bureau;

(B) a full explanation of how eligibility for such programs

is determined, with complete information on what proportion of

prisoners with substance abuse problems are eligible; and

(C) a complete statement of to what extent the Bureau has

achieved compliance with the requirements of this title.

(4) Authorization of appropriations. - There are authorized to

be appropriated to carry out this subsection -

(A) $13,500,000 for fiscal year 1996;

(B) $18,900,000 for fiscal year 1997;

(C) $25,200,000 for fiscal year 1998;

(D) $27,000,000 for fiscal year 1999; and

(E) $27,900,000 for fiscal year 2000.

(5) Definitions. - As used in this subsection -

(A) the term ''residential substance abuse treatment'' means

a course of individual and group activities, lasting between 6

and 12 months, in residential treatment facilities set apart

from the general prison population -

(i) directed at the substance abuse problems of the

prisoner; and

(ii) intended to develop the prisoner's cognitive,

behavioral, social, vocational, and other skills so as to

solve the prisoner's substance abuse and related problems;

(B) the term ''eligible prisoner'' means a prisoner who is -

(i) determined by the Bureau of Prisons to have a substance

abuse problem; and

(ii) willing to participate in a residential substance

abuse treatment program; and

(C) the term ''aftercare'' means placement, case management

and monitoring of the participant in a community-based

substance abuse treatment program when the participant leaves

the custody of the Bureau of Prisons.

(6) Coordination of federal assistance. - The Bureau of Prisons

shall consult with the Department of Health and Human Services

concerning substance abuse treatment and related services and the

incorporation of applicable components of existing comprehensive

approaches including relapse prevention and aftercare services.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2007; amended Pub. L. 101-647, title XXIX, Sec. 2903, Nov.

29, 1990, 104 Stat. 4913; Pub. L. 103-322, title II, Sec. 20401,

title III, Sec. 32001, Sept. 13, 1994, 108 Stat. 1824, 1896.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3621, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322, Sec. 32001(1), struck out

'', to the extent practicable,'' after ''The Bureau shall'' in

concluding provisions.

Pub. L. 103-322, Sec. 20401, inserted ''In designating the place

of imprisonment or making transfers under this subsection, there

shall be no favoritism given to prisoners of high social or

economic status.'' after subsec. (b)(5).

Subsec. (e). Pub. L. 103-322, Sec. 32001(2), added subsec. (e).

1990 - Subsec. (b). Pub. L. 101-647 inserted at end ''The Bureau

shall, to the extent practicable, make available appropriate

substance abuse treatment for each prisoner the Bureau determines

has a treatable condition of substance addiction or abuse.''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3622 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

-HEAD-

Sec. 3622. Temporary release of a prisoner

-STATUTE-

The Bureau of Prisons may release a prisoner from the place of

his imprisonment for a limited period if such release appears to be

consistent with the purpose for which the sentence was imposed and

any pertinent policy statement issued by the Sentencing Commission

pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears

to be consistent with the public interest and if there is

reasonable cause to believe that a prisoner will honor the trust to

be imposed in him, by authorizing him, under prescribed conditions,

to -

(a) visit a designated place for a period not to exceed thirty

days, and then return to the same or another facility, for the

purpose of -

(1) visiting a relative who is dying;

(2) attending a funeral of a relative;

(3) obtaining medical treatment not otherwise available;

(4) contacting a prospective employer;

(5) establishing or reestablishing family or community ties;

or

(6) engaging in any other significant activity consistent

with the public interest;

(b) participate in a training or educational program in the

community while continuing in official detention at the prison

facility; or

(c) work at paid employment in the community while continuing

in official detention at the penal or correctional facility if -

(1) the rates of pay and other conditions of employment will

not be less than those paid or provided for work of a similar

nature in the community; and

(2) the prisoner agrees to pay to the Bureau such costs

incident to official detention as the Bureau finds appropriate

and reasonable under all the circumstances, such costs to be

collected by the Bureau and deposited in the Treasury to the

credit of the appropriation available for such costs at the

time such collections are made.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2007.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3622, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-EXEC-

EX. ORD. NO. 11755. PRISON LABOR

Ex. Ord. No. 11755, Dec. 29, 1973, 39 F.R. 779, as amended by Ex.

Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12943,

Dec. 13, 1994, 59 F.R. 64553, provided:

The development of the occupational and educational skills of

prison inmates is essential to their rehabilitation and to their

ability to make an effective return to free society. Meaningful

employment serves to develop those skills. It is also true,

however, that care must be exercised to avoid either the

exploitation of convict labor or any unfair competition between

convict labor and free labor in the production of goods and

services.

Under sections 3621 and 3622 of title 18, United States Code, the

Bureau of Prisons is empowered to authorize Federal prisoners to

work at paid employment in the community during their terms of

imprisonment under conditions that protect against both the

exploitation of convict labor and unfair competition with free

labor.

Several states and other jurisdictions have similar laws or

regulations under which individuals confined for violations of the

laws of those places may be authorized to work at paid employment

in the community.

Executive Order No. 325A, which was originally issued by

President Theodore Roosevelt in 1905, prohibits the employment, in

the performance of Federal contracts, of any person who is serving

a sentence of imprisonment at hard labor imposed by a court of a

State, territory, or municipality.

I have now determined that Executive Order No. 325A should be

replaced with a new Executive Order which would permit the

employment of non-Federal prison inmates in the performance of

Federal contracts under terms and conditions that are comparable to

those now applicable to inmates of Federal prisons.

NOW, THEREFORE, pursuant to the authority vested in me as

President of the United States, it is hereby ordered as follows:

Section 1. (a) All contracts involving the use of appropriated

funds which shall hereafter be entered into by any department or

agency of the executive branch for performance in any State, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, or the Trust Territory of the Pacific Islands

shall, unless otherwise provided by law, contain a stipulation

forbidding in the performance of such contracts, the employment of

persons undergoing sentences of imprisonment which have been

imposed by any court of a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, or the

Trust Territory of the Pacific Islands. This limitation, however,

shall not prohibit the employment by a contractor in the

performance of such contracts of persons on parole or probation to

work at paid employment during the term of their sentence or

persons who have been pardoned or who have served their terms. Nor

shall it prohibit the employment by a contractor in the performance

of such contracts of persons confined for violation of the laws of

any of the States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, or the Trust

Territory of the Pacific Islands who are authorized to work at paid

employment in the community under the laws of such jurisdiction, if

(1)(A) The worker is paid or is in an approved work training

program on a voluntary basis;

(B) Representatives of local union central bodies or similar

labor union organizations have been consulted;

(C) Such paid employment will not result in the displacement of

employed workers, or be applied in skills, crafts, or trades in

which there is a surplus of available gainful labor in the

locality, or impair existing contracts for services; and

(D) The rates of pay and other conditions of employment will not

be less than those paid or provided for work of a similar nature in

the locality in which the work is being performed; and

(2) The Attorney General has certified that the work-release laws

or regulations of the jurisdiction involved are in conformity with

the requirements of this order.

(b) After notice and opportunity for hearing, the Attorney

General shall revoke any such certification under section 1(a)(2)

if he finds that the work-release program of the jurisdiction

involved is not being conducted in conformity with the requirements

of this order or with its intent or purposes.

(c) The provisions of this order do not apply to purchases made

under the micropurchase authority contained in section 32 of the

Office of Federal Procurement Policy Act, as amended (41 U.S.C.

428).

Sec. 2. The Federal Procurement Regulations, the Armed Services

Procurement Regulations, and to the extent necessary, any

supplemental or comparable regulations issued by any agency of the

executive branch shall be revised to reflect the policy prescribed

by this order.

Sec. 3. Executive Order No. 325A is hereby superseded.

Sec. 4. This order shall be effective as of January 1, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 994.

-CITE-

18 USC Sec. 3623 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

-HEAD-

Sec. 3623. Transfer of a prisoner to State authority

-STATUTE-

The Director of the Bureau of Prisons shall order that a prisoner

who has been charged in an indictment or information with, or

convicted of, a State felony, be transferred to an official

detention facility within such State prior to his release from a

Federal prison facility if -

(1) the transfer has been requested by the Governor or other

executive authority of the State;

(2) the State has presented to the Director a certified copy of

the indictment, information, or judgment of conviction; and

(3) the Director finds that the transfer would be in the public

interest.

If more than one request is presented with respect to a prisoner,

the Director shall determine which request should receive

preference. The expenses of such transfer shall be borne by the

State requesting the transfer.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2008.)

-MISC1-

PRIOR PROVISIONS

For a prior section 3623, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3624 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

-HEAD-

Sec. 3624. Release of a prisoner

-STATUTE-

(a) Date of Release. - A prisoner shall be released by the Bureau

of Prisons on the date of the expiration of the prisoner's term of

imprisonment, less any time credited toward the service of the

prisoner's sentence as provided in subsection (b). If the date for

a prisoner's release falls on a Saturday, a Sunday, or a legal

holiday at the place of confinement, the prisoner may be released

by the Bureau on the last preceding weekday.

(b) Credit Toward Service of Sentence for Satisfactory Behavior.

- (1) Subject to paragraph (2), a prisoner who is serving a term of

imprisonment of more than 1 year (FOOTNOTE 1) other than a term of

imprisonment for the duration of the prisoner's life, may receive

credit toward the service of the prisoner's sentence, beyond the

time served, of up to 54 days at the end of each year of the

prisoner's term of imprisonment, beginning at the end of the first

year of the term, subject to determination by the Bureau of Prisons

that, during that year, the prisoner has displayed exemplary

compliance with institutional disciplinary regulations. Subject to

paragraph (2), if the Bureau determines that, during that year, the

prisoner has not satisfactorily complied with such institutional

regulations, the prisoner shall receive no such credit toward

service of the prisoner's sentence or shall receive such lesser

credit as the Bureau determines to be appropriate. In awarding

credit under this section, the Bureau shall consider whether the

prisoner, during the relevant period, has earned, or is making

satisfactory progress toward earning, a high school diploma or an

equivalent degree. Credit that has not been earned may not later

be granted. Subject to paragraph (2), credit for the last year or

portion of a year of the term of imprisonment shall be prorated and

credited within the last six weeks of the sentence.

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(2) Notwithstanding any other law, credit awarded under this

subsection after the date of enactment of the Prison Litigation

Reform Act shall vest on the date the prisoner is released from

custody.

(3) The Attorney General shall ensure that the Bureau of Prisons

has in effect an optional General Educational Development program

for inmates who have not earned a high school diploma or its

equivalent.

(4) Exemptions to the General Educational Development requirement

may be made as deemed appropriate by the Director of the Federal

Bureau of Prisons.

(c) Pre-Release Custody. - The Bureau of Prisons shall, to the

extent practicable, assure that a prisoner serving a term of

imprisonment spends a reasonable part, not to exceed six months, of

the last 10 per centum of the term to be served under conditions

that will afford the prisoner a reasonable opportunity to adjust to

and prepare for the prisoner's re-entry into the community. The

authority provided by this subsection may be used to place a

prisoner in home confinement. The United States Probation System

shall, to the extent practicable, offer assistance to a prisoner

during such pre-release custody.

(d) Allotment of Clothing, Funds, and Transportation. - Upon the

release of a prisoner on the expiration of the prisoner's term of

imprisonment, the Bureau of Prisons shall furnish the prisoner with

-

(1) suitable clothing;

(2) an amount of money, not more than $500, determined by the

Director to be consistent with the needs of the offender and the

public interest, unless the Director determines that the

financial position of the offender is such that no sum should be

furnished; and

(3) transportation to the place of the prisoner's conviction,

to the prisoner's bona fide residence within the United States,

or to such other place within the United States as may be

authorized by the Director.

(e) Supervision After Release. - A prisoner whose sentence

includes a term of supervised release after imprisonment shall be

released by the Bureau of Prisons to the supervision of a probation

officer who shall, during the term imposed, supervise the person

released to the degree warranted by the conditions specified by the

sentencing court. The term of supervised release commences on the

day the person is released from imprisonment and runs concurrently

with any Federal, State, or local term of probation or supervised

release or parole for another offense to which the person is

subject or becomes subject during the term of supervised release.

A term of supervised release does not run during any period in

which the person is imprisoned in connection with a conviction for

a Federal, State, or local crime unless the imprisonment is for a

period of less than 30 consecutive days. No prisoner shall be

released on supervision unless such prisoner agrees to adhere to an

installment schedule, not to exceed two years except in special

circumstances, to pay for any fine imposed for the offense

committed by such prisoner.

(f) Mandatory Functional Literacy Requirement. -

(1) The Attorney General shall direct the Bureau of Prisons to

have in effect a mandatory functional literacy program for all

mentally capable inmates who are not functionally literate in

each Federal correctional institution within 6 months from the

date of the enactment of this Act.

(2) Each mandatory functional literacy program shall include a

requirement that each inmate participate in such program for a

mandatory period sufficient to provide the inmate with an

adequate opportunity to achieve functional literacy, and

appropriate incentives which lead to successful completion of

such programs shall be developed and implemented.

(3) As used in this section, the term ''functional literacy''

means -

(A) an eighth grade equivalence in reading and mathematics on

a nationally recognized standardized test;

(B) functional competency or literacy on a nationally

recognized criterion-referenced test; or

(C) a combination of subparagraphs (A) and (B).

(4) Non-English speaking inmates shall be required to

participate in an English-As-A-Second-Language program until they

function at the equivalence of the eighth grade on a nationally

recognized educational achievement test.

(5) The Chief Executive Officer of each institution shall have

authority to grant waivers for good cause as determined and

documented on an individual basis.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2008; amended Pub. L. 99-646, Sec. 16(a), 17(a), Nov. 10,

1986, 100 Stat. 3595; Pub. L. 101-647, title XXIX, Sec. 2902(a),

2904, Nov. 29, 1990, 104 Stat. 4913; Pub. L. 103-322, title II,

Sec. 20405, 20412, Sept. 13, 1994, 108 Stat. 1825, 1828; Pub. L.

104-66, title I, Sec. 1091(c), Dec. 21, 1995, 109 Stat. 722; Pub.

L. 104-134, title I, Sec. 101((a)) (title VIII, Sec. 809(c)), Apr.

26, 1996, 110 Stat. 1321, 1321-76; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Prison Litigation Reform Act,

referred to in subsec. (b)(2), probably means the date of enactment

of the Prison Litigation Reform Act of 1995, section 101((a))

(title VIII) of Pub. L. 104-134, which was approved Apr. 26, 1996.

The date of the enactment of this Act, referred to in subsec.

(f)(1), probably means the date of enactment of Pub. L. 101-647,

which enacted subsec. (f) and was approved Nov. 29, 1990.

-MISC2-

PRIOR PROVISIONS

For a prior section 3624, applicable to offenses committed prior

to Nov. 1, 1987, see note set out preceding section 3601 of this

title.

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-134, Sec. 101((a)) (title

VIII, Sec. 809(c)(1)(A)), struck out at beginning ''A prisoner

(other than a prisoner serving a sentence for a crime of violence)

who is serving a term of imprisonment of more than one year, other

than a term of imprisonment for the duration of the prisoner's

life, shall receive credit toward the service of the prisoner's

sentence, beyond the time served, of fifty-four days at the end of

each year of the prisoner's term of imprisonment, beginning at the

end of the first year of the term, unless the Bureau of Prisons

determines that, during that year, the prisoner has not

satisfactorily complied with such institutional disciplinary

regulations as have been approved by the Attorney General and

issued to the prisoner.''

Pub. L. 104-134, Sec. 101((a)) (title VIII, Sec. 809(c)(1)(B)),

in second sentence substituted ''Subject to paragraph (2), a

prisoner'' for ''A prisoner'', struck out ''for a crime of

violence,'' after ''1 year'', and struck out ''such'' after

''compliance with''.

Pub. L. 104-134, Sec. 101((a)) (title VIII, Sec. 809(c)(1)(C)),

in third sentence substituted ''Subject to paragraph (2), if the

Bureau'' for ''If the Bureau''.

Pub. L. 104-134, Sec. 101((a)) (title VIII, Sec. 809(c)(1)(D)),

in fourth sentence substituted ''In awarding credit under this

section, the Bureau shall consider whether the prisoner, during the

relevant period, has earned, or is making satisfactory progress

toward earning, a high school diploma or an equivalent degree.''

for ''The Bureau's determination shall be made within fifteen days

after the end of each year of the sentence.''

Pub. L. 104-134, Sec. 101((a)) (title VIII, Sec. 809(c)(1)(E)),

in sixth sentence substituted ''Subject to paragraph (2), credit

for the last'' for ''Credit for the last''.

Subsec. (b)(2). Pub. L. 104-134, Sec. 101((a)) (title VIII, Sec.

809(c)(2)), amended par. (2) generally. Prior to amendment, par.

(2) read as follows: ''Credit toward a prisoner's service of

sentence shall not be vested unless the prisoner has earned or is

making satisfactory progress toward a high school diploma or an

equivalent degree.''

1995 - Subsec. (f)(6). Pub. L. 104-66 struck out par. (6) which

read as follows: ''A report shall be provided to Congress on an

annual basis summarizing the results of this program, including the

number of inmate participants, the number successfully completing

the program, the number who do not successfully complete the

program, and the reasons for failure to successfully complete the

program.''

1994 - Subsec. (a). Pub. L. 103-322, Sec. 20405(2), substituted

''the prisoner's'' for ''his'' after ''the expiration of'' and

''toward the service of''.

Subsec. (b). Pub. L. 103-322, Sec. 20412(1), (2), designated

existing provisions as par. (1), substituted ''Credit that has not

been earned may not later be granted.'' for ''Such credit toward

service of sentence vests at the time that it is received. Credit

that has vested may not later be withdrawn, and credit that has not

been earned may not later be granted.'', and added pars. (2) to

(4).

Pub. L. 103-322, Sec. 20405, inserted ''(other than a prisoner

serving a sentence for a crime of violence)'' after ''A prisoner''

in first sentence, substituted ''the prisoner'' for ''he'' before

''has not satisfactorily complied with'' in first sentence and

before ''shall receive no such credit toward'' in third sentence

and ''the prisoner's'' for ''his'' wherever appearing in first and

third sentences, and inserted after first sentence ''A prisoner who

is serving a term of imprisonment of more than 1 year for a crime

of violence, other than a term of imprisonment for the duration of

the prisoner's life, may receive credit toward the service of the

prisoner's sentence, beyond the time served, of up to 54 days at

the end of each year of the prisoner's term of imprisonment,

beginning at the end of the first year of the term, subject to

determination by the Bureau of Prisons that, during that year, the

prisoner has displayed exemplary compliance with such institutional

disciplinary regulations.''

Subsec. (c). Pub. L. 103-322, Sec. 20405(2), substituted ''the

prisoner's re-entry'' for ''his re-entry''.

Subsec. (d). Pub. L. 103-322, Sec. 20405(2), (3), substituted

''the prisoner'' for ''him'' in introductory provisions and ''the

prisoner's'' for ''his'' wherever appearing in introductory

provisions and par. (3).

1990 - Subsec. (c). Pub. L. 101-647, Sec. 2902(a), inserted after

first sentence ''The authority provided by this subsection may be

used to place a prisoner in home confinement.''

Subsec. (f). Pub. L. 101-647, Sec. 2904, added subsec. (f).

1986 - Subsec. (b). Pub. L. 99-646, Sec. 16(a), substituted

''beginning at the end of'' for ''beginning after''.

Subsec. (e). Pub. L. 99-646, Sec. 17(a), substituted

''imprisonment and runs concurrently'' for ''imprisonment. The term

runs concurrently'' and ''supervised released. A term of

supervised release does not run'' for ''supervised release, except

that it does not run'', struck out '', other than during limited

intervals as a condition of probation or supervised release,''

after ''person is imprisoned'', and inserted ''unless the

imprisonment is for a period of less than 30 consecutive days''

before the period at end of third sentence.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 2902(b) of Pub. L. 101-647 provided that: ''Section

3624(c) of title 18, United States Code, as amended by this

section, shall apply with respect to all inmates, regardless of the

date of their offense.''

EFFECTIVE DATE OF 1986 AMENDMENT

Section 16(b) of Pub. L. 99-646 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date of the taking effect of such section 3624 (Nov. 1,

1987).''

Section 17(b) of Pub. L. 99-646 provided that: ''The amendment

made by this section (amending this section) shall take effect on

the date of the taking effect of such section 3624 (Nov. 1,

1987).''

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3603, 3621, 4105, 5037 of

this title; title 28 sections 994, 1932.

-CITE-

18 USC Sec. 3625 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

-HEAD-

Sec. 3625. Inapplicability of the Administrative Procedure Act

-STATUTE-

The provisions of sections 554 and 555 and 701 through 706 of

title 5, United States Code, do not apply to the making of any

determination, decision, or order under this subchapter.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98

Stat. 2010.)

-MISC1-

EFFECTIVE DATE

Section effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of this section, see section

235(a)(1) of Pub. L. 98-473, set out as a note under section 3551

of this title.

-CITE-

18 USC Sec. 3626 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 229 - POSTSENTENCE ADMINISTRATION

SUBCHAPTER C - IMPRISONMENT

-HEAD-

Sec. 3626. Appropriate remedies with respect to prison conditions

-STATUTE-

(a) Requirements for Relief. -

(1) Prospective relief. - (A) Prospective relief in any civil

action with respect to prison conditions shall extend no further

than necessary to correct the violation of the Federal right of a

particular plaintiff or plaintiffs. The court shall not grant or

approve any prospective relief unless the court finds that such

relief is narrowly drawn, extends no further than necessary to

correct the violation of the Federal right, and is the least

intrusive means necessary to correct the violation of the Federal

right. The court shall give substantial weight to any adverse

impact on public safety or the operation of a criminal justice

system caused by the relief.

(B) The court shall not order any prospective relief that

requires or permits a government official to exceed his or her

authority under State or local law or otherwise violates State or

local law, unless -

(i) Federal law requires such relief to be ordered in

violation of State or local law;

(ii) the relief is necessary to correct the violation of a

Federal right; and

(iii) no other relief will correct the violation of the

Federal right.

(C) Nothing in this section shall be construed to authorize the

courts, in exercising their remedial powers, to order the

construction of prisons or the raising of taxes, or to repeal or

detract from otherwise applicable limitations on the remedial

powers of the courts.

(2) Preliminary injunctive relief. - In any civil action with

respect to prison conditions, to the extent otherwise authorized

by law, the court may enter a temporary restraining order or an

order for preliminary injunctive relief. Preliminary injunctive

relief must be narrowly drawn, extend no further than necessary

to correct the harm the court finds requires preliminary relief,

and be the least intrusive means necessary to correct that harm.

The court shall give substantial weight to any adverse impact on

public safety or the operation of a criminal justice system

caused by the preliminary relief and shall respect the principles

of comity set out in paragraph (1)(B) in tailoring any

preliminary relief. Preliminary injunctive relief shall

automatically expire on the date that is 90 days after its entry,

unless the court makes the findings required under subsection

(a)(1) for the entry of prospective relief and makes the order

final before the expiration of the 90-day period.

(3) Prisoner release order. - (A) In any civil action with

respect to prison conditions, no court shall enter a prisoner

release order unless -

(i) a court has previously entered an order for less

intrusive relief that has failed to remedy the deprivation of

the Federal right sought to be remedied through the prisoner

release order; and

(ii) the defendant has had a reasonable amount of time to

comply with the previous court orders.

(B) In any civil action in Federal court with respect to prison

conditions, a prisoner release order shall be entered only by a

three-judge court in accordance with section 2284 of title 28, if

the requirements of subparagraph (E) have been met.

(C) A party seeking a prisoner release order in Federal court

shall file with any request for such relief, a request for a

three-judge court and materials sufficient to demonstrate that

the requirements of subparagraph (A) have been met.

(D) If the requirements under subparagraph (A) have been met, a

Federal judge before whom a civil action with respect to prison

conditions is pending who believes that a prison release order

should be considered may sua sponte request the convening of a

three-judge court to determine whether a prisoner release order

should be entered.

(E) The three-judge court shall enter a prisoner release order

only if the court finds by clear and convincing evidence that -

(i) crowding is the primary cause of the violation of a

Federal right; and

(ii) no other relief will remedy the violation of the Federal

right.

(F) Any State or local official including a legislator or unit

of government whose jurisdiction or function includes the

appropriation of funds for the construction, operation, or

maintenance of prison facilities, or the prosecution or custody

of persons who may be released from, or not admitted to, a prison

as a result of a prisoner release order shall have standing to

oppose the imposition or continuation in effect of such relief

and to seek termination of such relief, and shall have the right

to intervene in any proceeding relating to such relief.

(b) Termination of Relief. -

(1) Termination of prospective relief. - (A) In any civil

action with respect to prison conditions in which prospective

relief is ordered, such relief shall be terminable upon the

motion of any party or intervener -

(i) 2 years after the date the court granted or approved the

prospective relief;

(ii) 1 year after the date the court has entered an order

denying termination of prospective relief under this paragraph;

or

(iii) in the case of an order issued on or before the date of

enactment of the Prison Litigation Reform Act, 2 years after

such date of enactment.

(B) Nothing in this section shall prevent the parties from

agreeing to terminate or modify relief before the relief is

terminated under subparagraph (A).

(2) Immediate termination of prospective relief. - In any civil

action with respect to prison conditions, a defendant or

intervener shall be entitled to the immediate termination of any

prospective relief if the relief was approved or granted in the

absence of a finding by the court that the relief is narrowly

drawn, extends no further than necessary to correct the violation

of the Federal right, and is the least intrusive means necessary

to correct the violation of the Federal right.

(3) Limitation. - Prospective relief shall not terminate if the

court makes written findings based on the record that prospective

relief remains necessary to correct a current and ongoing

violation of the Federal right, extends no further than necessary

to correct the violation of the Federal right, and that the

prospective relief is narrowly drawn and the least intrusive

means to correct the violation.

(4) Termination or modification of relief. - Nothing in this

section shall prevent any party or intervener from seeking

modification or termination before the relief is terminable under

paragraph (1) or (2), to the extent that modification or

termination would otherwise be legally permissible.

(c) Settlements. -

(1) Consent decrees. - In any civil action with respect to

prison conditions, the court shall not enter or approve a consent

decree unless it complies with the limitations on relief set

forth in subsection (a).

(2) Private settlement agreements. - (A) Nothing in this

section shall preclude parties from entering into a private

settlement agreement that does not comply with the limitations on

relief set forth in subsection (a), if the terms of that

agreement are not subject to court enforcement other than the

reinstatement of the civil proceeding that the agreement settled.

(B) Nothing in this section shall preclude any party claiming

that a private settlement agreement has been breached from

seeking in State court any remedy available under State law.

(d) State Law Remedies. - The limitations on remedies in this

section shall not apply to relief entered by a State court based

solely upon claims arising under State law.

(e) Procedure for Motions Affecting Prospective Relief. -

(1) Generally. - The court shall promptly rule on any motion to

modify or terminate prospective relief in a civil action with

respect to prison conditions. Mandamus shall lie to remedy any

failure to issue a prompt ruling on such a motion.

(2) Automatic stay. - Any motion to modify or terminate

prospective relief made under subsection (b) shall operate as a

stay during the period -

(A)(i) beginning on the 30th day after such motion is filed,

in the case of a motion made under paragraph (1) or (2) of

subsection (b); or

(ii) beginning on the 180th day after such motion is filed,

in the case of a motion made under any other law; and

(B) ending on the date the court enters a final order ruling

on the motion.

(3) Postponement of automatic stay. - The court may postpone

the effective date of an automatic stay specified in subsection

(e)(2)(A) for not more than 60 days for good cause. No

postponement shall be permissible because of general congestion

of the court's calendar.

(4) Order blocking the automatic stay. - Any order staying,

suspending, delaying, or barring the operation of the automatic

stay described in paragraph (2) (other than an order to postpone

the effective date of the automatic stay under paragraph (3))

shall be treated as an order refusing to dissolve or modify an

injunction and shall be appealable pursuant to section 1292(a)(1)

of title 28, United States Code, regardless of how the order is

styled or whether the order is termed a preliminary or a final

ruling.

(f) Special Masters. -

(1) In general. - (A) In any civil action in a Federal court

with respect to prison conditions, the court may appoint a

special master who shall be disinterested and objective and who

will give due regard to the public safety, to conduct hearings on

the record and prepare proposed findings of fact.

(B) The court shall appoint a special master under this

subsection during the remedial phase of the action only upon a

finding that the remedial phase will be sufficiently complex to

warrant the appointment.

(2) Appointment. - (A) If the court determines that the

appointment of a special master is necessary, the court shall

request that the defendant institution and the plaintiff each

submit a list of not more than 5 persons to serve as a special

master.

(B) Each party shall have the opportunity to remove up to 3

persons from the opposing party's list.

(C) The court shall select the master from the persons

remaining on the list after the operation of subparagraph (B).

(3) Interlocutory appeal. - Any party shall have the right to

an interlocutory appeal of the judge's selection of the special

master under this subsection, on the ground of partiality.

(4) Compensation. - The compensation to be allowed to a special

master under this section shall be based on an hourly rate not

greater than the hourly rate established under section 3006A for

payment of court-appointed counsel, plus costs reasonably

incurred by the special master. Such compensation and costs

shall be paid with funds appropriated to the Judiciary.

(5) Regular review of appointment. - In any civil action with

respect to prison conditions in which a special master is

appointed under this subsection, the court shall review the

appointment of the special master every 6 months to determine

whether the services of the special master continue to be

required under paragraph (1). In no event shall the appointment

of a special master extend beyond the termination of the relief.

(6) Limitations on powers and duties. - A special master

appointed under this subsection -

(A) may be authorized by a court to conduct hearings and

prepare proposed findings of fact, which shall be made on the

record;

(B) shall not make any findings or communications ex parte;

(C) may be authorized by a court to assist in the development

of remedial plans; and

(D) may be removed at any time, but shall be relieved of the

appointment upon the termination of relief.

(g) Definitions. - As used in this section -

(1) the term ''consent decree'' means any relief entered by the

court that is based in whole or in part upon the consent or

acquiescence of the parties but does not include private

settlements;

(2) the term ''civil action with respect to prison conditions''

means any civil proceeding arising under Federal law with respect

to the conditions of confinement or the effects of actions by

government officials on the lives of persons confined in prison,

but does not include habeas corpus proceedings challenging the

fact or duration of confinement in prison;

(3) the term ''prisoner'' means any person subject to

incarceration, detention, or admission to any facility who is

accused of, convicted of, sentenced for, or adjudicated

delinquent for, violations of criminal law or the terms and

conditions of parole, probation, pretrial release, or

diversionary program;

(4) the term ''prisoner release order'' includes any order,

including a temporary restraining order or preliminary injunctive

relief, that has the purpose or effect of reducing or limiting

the prison population, or that directs the release from or

nonadmission of prisoners to a prison;

(5) the term ''prison'' means any Federal, State, or local

facility that incarcerates or detains juveniles or adults accused

of, convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law;

(6) the term ''private settlement agreement'' means an

agreement entered into among the parties that is not subject to

judicial enforcement other than the reinstatement of the civil

proceeding that the agreement settled;

(7) the term ''prospective relief'' means all relief other than

compensatory monetary damages;

(8) the term ''special master'' means any person appointed by a

Federal court pursuant to Rule 53 of the Federal Rules of Civil

Procedure or pursuant to any inherent power of the court to

exercise the powers of a master, regardless of the title or

description given by the court; and

(9) the term ''relief'' means all relief in any form that may

be granted or approved by the court, and includes consent decrees

but does not include private settlement agreements.

-SOURCE-

(Added Pub. L. 103-322, title II, Sec. 20409(a), Sept. 13, 1994,

108 Stat. 1827; amended Pub. L. 104-134, title I, Sec. 101((a))

(title VIII, Sec. 802(a)), Apr. 26, 1996, 110 Stat. 1321, 1321-66;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327; Pub. L. 105-119, title I, Sec. 123(a), Nov. 26, 1997,

111 Stat. 2470.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Prison Litigation Reform Act,

referred to in subsec. (b)(1)(A)(iii), probably means the date of

enactment of the Prison Litigation Reform Act of 1995, section

101((a)) (title VIII) of Pub. L. 104-134, which was approved Apr.

26, 1996.

The Federal Rules of Civil Procedure, referred to in subsec.

(g)(8), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(1)(B)(i). Pub. L. 105-119, Sec. 123(a)(1)(A),

substituted ''requires'' for ''permits''.

Subsec. (a)(3)(A). Pub. L. 105-119, Sec. 123(a)(1)(B)(i),

substituted ''no court shall enter a prisoner release order

unless'' for ''no prisoner release order shall be entered unless''.

Subsec. (a)(3)(F). Pub. L. 105-119, Sec. 123(a)(1)(B)(ii),

inserted ''including a legislator'' after ''local official'' and

substituted ''prison facilities'' for ''program facilities''.

Subsec. (b)(3). Pub. L. 105-119, Sec. 123(a)(2), substituted

''current and ongoing'' for ''current or ongoing''.

Subsec. (e)(1). Pub. L. 105-119, Sec. 123(a)(3)(A), inserted at

end ''Mandamus shall lie to remedy any failure to issue a prompt

ruling on such a motion.''

Subsec. (e)(2). Pub. L. 105-119, Sec. 123(a)(3)(B), substituted

''Any motion to modify or terminate prospective relief made under

subsection (b) shall operate as a stay'' for ''Any prospective

relief subject to a pending motion shall be automatically stayed''.

Subsec. (e)(3), (4). Pub. L. 105-119, Sec. 123(a)(3)(C), added

pars. (3) and (4).

1996 - Pub. L. 104-134 amended section generally, substituting

provisions relating to appropriate remedies with respect to prison

conditions for former provisions relating to appropriate remedies

with respect to prison crowding.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 123(b) of Pub. L. 105-119 provided that: ''The amendments

made by this Act (probably should be ''section'', amending this

section) shall take effect upon the date of the enactment of this

Act (Nov. 26, 1997) and shall apply to pending cases.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101((a)) (title VIII, Sec. 802(b)(1)) of Pub. L. 104-134

provided that: ''Section 3626 of title 18, United States Code, as

amended by this section, shall apply with respect to all

prospective relief whether such relief was originally granted or

approved before, on, or after the date of the enactment of this

title (Apr. 26, 1996).''

EFFECTIVE AND TERMINATION DATES

Section 20409(b) of Pub. L. 103-322, which provided that this

section applied to all court orders outstanding on Sept. 13, 1994,

and section 20409(d) of Pub. L. 103-322, which provided for the

repeal of this section 5 years after Sept. 13, 1994, were repealed

by Pub. L. 104-134, title I, Sec. 101((a)) (title VIII, Sec.

802(b)(2)), Apr. 26, 1996, 110 Stat. 1321, 1321-70; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

SEVERABILITY

Section 101((a)) (title VIII, Sec. 810) of Pub. L. 104-134

provided that: ''If any provision of this title (see Short Title of

1996 Amendment note set out under section 3601 of this title), an

amendment made by this title, or the application of such provision

or amendment to any person or circumstance is held to be

unconstitutional, the remainder of this title, the amendments made

by this title, and the application of the provisions of such to any

person or circumstance shall not be affected thereby.''

SPECIAL MASTERS APPOINTED PRIOR TO APRIL 26, 1996; PROHIBITION ON

USE OF FUNDS

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title III, Sec.

306), Sept. 30, 1996, 110 Stat. 3009, 3009-45, provided that:

''None of the funds available to the Judiciary in fiscal years 1996

and 1997 and hereafter shall be available for expenses authorized

pursuant to section 802(a) of title VIII of section 101(a) of title

I of the Omnibus Consolidated Rescissions and Appropriations Act of

1996, Public Law 104-134 (amending this section), for costs related

to the appointment of Special Masters prior to April 26, 1996.''

PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING RESTITUTION

ORDERS

Section 101((a)) (title VIII, Sec. 807) of Pub. L. 104-134

provided that: ''Any compensatory damages awarded to a prisoner in

connection with a civil action brought against any Federal, State,

or local jail, prison, or correctional facility or against any

official or agent of such jail, prison, or correctional facility,

shall be paid directly to satisfy any outstanding restitution

orders pending against the prisoner. The remainder of any such

award after full payment of all pending restitution orders shall be

forwarded to the prisoner.''

NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD

Section 101((a)) (title VIII, Sec. 808) of Pub. L. 104-134

provided that: ''Prior to payment of any compensatory damages

awarded to a prisoner in connection with a civil action brought

against any Federal, State, or local jail, prison, or correctional

facility or against any official or agent of such jail, prison, or

correctional facility, reasonable efforts shall be made to notify

the victims of the crime for which the prisoner was convicted and

incarcerated concerning the pending payment of any such

compensatory damages.''

-CITE-