Legislación
US (United States) Code. Title 18. Chapter 227: Sentences
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18 USC CHAPTER 227 - SENTENCES 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
.
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CHAPTER 227 - SENTENCES
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Subchapter Sec. (FOOTNOTE 1)
(FOOTNOTE 1) Editorially supplied.
A. General Provisions 3551
B. Probation 3561
C. Fines 3571
D. Imprisonment 3581
PRIOR PROVISIONS
A prior chapter 227 (Sec. 3561 et seq.) was repealed (except
sections 3577 to 3580 which were renumbered sections 3661 to 3664,
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 3561, act June 25, 1948, ch. 645, 62 Stat. 837, related
to judgment form and entry - (Rule).
Section 3562, act June 25, 1948, ch. 645, 62 Stat. 837, related
to sentence - (Rule).
Section 3563, act June 25, 1948, ch. 645, 62 Stat. 837, related
to corruption of blood or forfeiture of estate.
Section 3564, act June 25, 1948, ch. 645, 62 Stat. 837, related
to pillory and whipping.
Section 3565, acts June 25, 1948, ch. 645, 62 Stat. 837; Oct. 12,
1984, Pub. L. 98-473, title II, Sec. 235(a)(1), 238(g)(1), (i), 98
Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98-596, Sec. 2,
12(a)(7)(A), (9), (b), 98 Stat. 3134, 3139, 3140; Oct. 22, 1986,
Pub. L. 99-514, Sec. 2, 100 Stat. 2095, related to collection and
payment of fines and penalties.
Section 3566, act June 25, 1948, ch. 645, 62 Stat. 837, related
to execution of death sentence.
Section 3567, act June 25, 1948, ch. 645, 62 Stat. 838, related
to death sentence may prescribe dissection.
Section 3568, acts June 25, 1948, ch. 645, 62 Stat. 838; Sept. 2,
1960, Pub. L. 86-691, Sec. 1(a), 74 Stat. 738; June 22, 1966, Pub.
L. 89-465, Sec. 4, 80 Stat. 217, related to effective date of
sentence and credit for time in custody prior to the imposition of
sentence.
Section 3569, acts June 25, 1948, ch. 645, 62 Stat. 838; Oct. 17,
1968, Pub. L. 90-578, title III, Sec. 301(a)(1), (3), 82 Stat.
1115; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 235(a)(1),
238(h), (i), 98 Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98-596,
Sec. 3, 12(a)(8), (9), (b), 98 Stat. 3136, 3139, 3140, related to
discharge of indigent prisoner.
Section 3570, act June 25, 1948, ch. 645, 62 Stat. 839, related
to presidential remission as affecting unremitted part.
Section 3571, act June 25, 1948, ch. 645, 62 Stat. 839, related
to clerical mistakes - (Rule).
Section 3572, act June 25, 1948, ch. 645, 62 Stat. 839, related
to correction or reduction of sentence - (Rule).
Section 3573, act June 25, 1948, ch. 645, 62 Stat. 839, related
to arrest or setting aside of judgment - (Rule).
Section 3574, act June 25, 1948, ch. 645, 62 Stat. 839, related
to stay of execution and supersedeas - (Rule).
Section 3575, added Pub. L. 91-452, title X, Sec. 1001(a), Oct.
15, 1970, 84 Stat. 948, related to increased sentence for dangerous
special offenders.
Section 3576, added Pub. L. 91-452, title X, Sec. 1001(a), Oct.
15, 1970, 84 Stat. 950, related to review of sentence.
Section 3577 renumbered section 3661 of this title.
Section 3578 renumbered section 3662 of this title.
Section 3579 renumbered section 3663 of this title.
Section 3580 renumbered section 3664 of this title.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 3664, 3673, 3742 of this
title; title 42 section 300i-2.
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18 USC SUBCHAPTER A - GENERAL PROVISIONS 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
.
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SUBCHAPTER A - GENERAL PROVISIONS
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SUBCHAPTER A - GENERAL PROVISIONS (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should not appear.
Sec.
3551. Authorized sentences.
3552. Presentence reports.
3553. Imposition of a sentence.
3554. Order of criminal forfeiture.
3555. Order of notice to victims.
3556. Order of restitution.
3557. Review of a sentence.
3558. Implementation of a sentence.
3559. Sentencing classification of offenses.
AMENDMENTS
1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis for this subchapter to
follow heading of this subchapter.
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SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 3565 of this title.
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18 USC Sec. 3551 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3551. Authorized sentences
-STATUTE-
(a) In General. - Except as otherwise specifically provided, a
defendant who has been found guilty of an offense described in any
Federal statute, including sections 13 and 1153 of this title,
other than an Act of Congress applicable exclusively in the
District of Columbia or the Uniform Code of Military Justice, shall
be sentenced in accordance with the provisions of this chapter so
as to achieve the purposes set forth in subparagraphs (A) through
(D) of section 3553(a)(2) to the extent that they are applicable in
light of all the circumstances of the case.
(b) Individuals. - An individual found guilty of an offense shall
be sentenced, in accordance with the provisions of section 3553, to
-
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other
sentence. A sanction authorized by section 3554, 3555, or 3556 may
be imposed in addition to the sentence required by this subsection.
(c) Organizations. - An organization found guilty of an offense
shall be sentenced, in accordance with the provisions of section
3553, to -
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence
to probation. A sanction authorized by section 3554, 3555, or 3556
may be imposed in addition to the sentence required by this
subsection.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1988; amended Pub. L. 101-647, title XVI, Sec. 1602, Nov. 29,
1990, 104 Stat. 4843.)
-REFTEXT-
REFERENCES IN TEXT
Acts of Congress applicable exclusively in the District of
Columbia, referred to in subsec. (a), are classified generally to
the District of Columbia Code.
The Uniform Code of Military Justice, referred to in subsec. (a),
is classified generally to chapter 47 (Sec. 801 et seq.) of Title
10, Armed Forces.
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AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-647 inserted ''including sections
13 and 1153 of this title,'' after ''any Federal statute,''.
EFFECTIVE DATE; SAVINGS PROVISION
Section 235 of chapter II (Sec. 211-239) of title II of Pub. L.
98-473, as amended by Pub. L. 99-217, Sec. 2, 4, Dec. 26, 1985, 99
Stat. 1728; Pub. L. 99-646, Sec. 35, Nov. 10, 1986, 100 Stat. 3599;
Pub. L. 100-182, Sec. 2, Dec. 7, 1987, 101 Stat. 1266; Pub. L.
104-232, Sec. 4, Oct. 2, 1996, 110 Stat. 3056, provided that:
''(a)(1) This chapter (see Tables for classification) shall take
effect on the first day of the first calendar month beginning 36
months after the date of enactment (Oct. 12, 1984) and shall apply
only to offenses committed after the taking effect of this chapter,
except that -
''(A) the repeal of chapter 402 of title 18, United States
Code, shall take effect on the date of enactment (Oct. 12, 1984);
''(B)(i) chapter 58 of title 28, United States Code, shall take
effect on the date of enactment of this Act (Oct. 12, 1984) or
October 1, 1983, whichever occurs later, and the United States
Sentencing Commission shall submit the initial sentencing
guidelines promulgated under section 994(a)(1) of title 28 to the
Congress within 30 months of the effective date of such chapter
58; and
''(ii) the sentencing guidelines promulgated pursuant to
section 994(a)(1) shall not go into effect until -
''(I) the United States Sentencing Commission has submitted
the initial set of sentencing guidelines to the Congress
pursuant to subparagraph (B)(i), along with a report stating
the reasons for the Commission's recommendations;
''(II) the General Accounting Office has undertaken a study
of the guidelines, and their potential impact in comparison
with the operation of the existing sentencing and parole
release system, and has, within one hundred and fifty days of
submission of the guidelines, reported to the Congress the
results of its study; and
''(III) the day after the Congress has had six months after
the date described in subclause (I) in which to examine the
guidelines and consider the reports; and
''(IV) section 212(a)(2) (enacting chapters 227 and 229 of
this title and repealing former chapters 227, 229, and 231 of
this title) takes effect, in the case of the initial sentencing
guidelines so promulgated.
''(2) For the purposes of section 992(a) of title 28, the terms
of the first members of the United States Sentencing Commission
shall not begin to run until the sentencing guidelines go into
effect pursuant to paragraph (1)(B)(ii).
''(b)(1) The following provisions of law in effect on the day
before the effective date of this Act shall remain in effect for
five years after the effective date as to an individual who
committed an offense or an act of juvenile delinquency before the
effective date and as to a term of imprisonment during the period
described in subsection (a)(1)(B):
''(A) Chapter 311 of title 18, United States Code.
''(B) Chapter 309 of title 18, United States Code.
''(C) Sections 4251 through 4255 of title 18, United States
Code.
''(D) Sections 5041 and 5042 of title 18, United States Code.
''(E) Sections 5017 through 5020 of title 18, United States
Code, as to a sentence imposed before the date of enactment (Oct.
12, 1984).
''(F) The maximum term of imprisonment in effect on the
effective date for an offense committed before the effective
date.
''(G) Any other law relating to a violation of a condition of
release or to arrest authority with regard to a person who
violates a condition of release.
''((2) Repealed. Pub. L. 104-232, Sec. 4, Oct. 2, 1996, 110 Stat.
3056.)
''(3) The United States Parole Commission shall set a release
date, for an individual who will be in its jurisdiction the day
before the expiration of five years after the effective date of
this Act, pursuant to section 4206 of title 18, United States Code.
A release date set pursuant to this paragraph shall be set early
enough to permit consideration of an appeal of the release date, in
accordance with Parole Commission procedures, before the expiration
of five years following the effective date of this Act.
''(4) Notwithstanding the other provisions of this subsection,
all laws in effect on the day before the effective date of this Act
pertaining to an individual who is -
''(A) released pursuant to a provision listed in paragraph (1);
and
''(B)(i) subject to supervision on the day before the
expiration of the five-year period following the effective date
of this Act; or
''(ii) released on a date set pursuant to paragraph (3);
including laws pertaining to terms and conditions of release,
revocation of release, provision of counsel, and payment of
transportation costs, shall remain in effect as to the individual
until the expiration of his sentence, except that the district
court shall determine, in accord with the Federal Rules of Criminal
Procedure, whether release should be revoked or the conditions of
release amended for violation of a condition of release.
''(5) Notwithstanding the provisions of section 991 of title 28,
United States Code, and sections 4351 and 5002 of title 18, United
States Code, the Chairman of the United States Parole Commission or
his designee shall be a member of the National Institute of
Corrections, and the Chairman of the United States Parole
Commission shall be a member of the Advisory Corrections Council
and a nonvoting member of the United States Sentencing Commission,
ex officio, until the expiration of the five-year period following
the effective date of this Act. Notwithstanding the provisions of
section 4351 of title 18, during the five-year period the National
Institute of Corrections shall have seventeen members, including
seven ex officio members. Notwithstanding the provisions of
section 991 of title 28, during the five-year period the United
States Sentencing Commission shall consist of nine members,
including two ex officio, nonvoting members.''
(Pub. L. 104-232, Sec. 3(b)(2), Oct. 2, 1996, 110 Stat. 3056,
provided that: ''Effective on the date the plan (alternative plan
by Attorney General for transfer of United States Parole
Commission's functions to another entity within Department of
Justice pursuant to section 3 of Pub. L. 104-232, set out as a note
under section 4201 of this title) takes effect, paragraphs (3) and
(4) of section 235(b) of the Sentencing Reform Act of 1984 (Pub. L.
98-473, set out above) (98 Stat. 2032) are repealed.'')
(For purposes of section 235(b) of Pub. L. 98-473, set out above,
as it relates to chapter 311 of this title and the Parole
Commission, references to ''ten years'' or ''ten-year period'' are
deemed to be references to ''fifteen years'' or ''fifteen-year
period'', respectively, see section 2(a) of Pub. L. 104-232, set
out as a note under section 4201 of this title.)
(Pub. L. 101-650, title III, Sec. 316, Dec. 1, 1990, 104 Stat.
5115, provided that: ''For the purposes of section 235(b) of Public
Law 98-473 (set out above) as it relates to chapter 311 of title
18, United States Code, and the United States Parole Commission,
each reference in such section to 'five years' or a 'five-year
period' shall be deemed a reference to 'ten years' or a 'ten-year
period', respectively.'')
(For purposes of section 235(b) of Pub. L. 98-473, set out above,
as it relates to chapter 311 of this title and the Parole
Commission, references to ''fifteen years'' or ''fifteen-year
period'' are deemed to be references to ''eighteen years'' or
''eighteen-year period'', respectively, see section 11017(a) of
Pub. L. 107-273, set out as a note under section 4202 of this
title.)
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-132, title II, Sec. 201, Apr. 24, 1996, 110 Stat.
1227, provided that: ''This subtitle (subtitle A (Sec. 201-211) of
title II of Pub. L. 104-132, enacting sections 3613A and 3663A of
this title, amending sections 2248, 2259, 2264, 2327, 3013, 3556,
3563, 3572, 3611 to 3613, 3614, 3663, and 3664 of this title and
Rule 32 of the Federal Rules of Criminal Procedure set out in the
Appendix to this title, and enacting provisions set out as notes
under this section, section 2248 of this title, and section 994 of
Title 28, Judiciary and Judicial Procedure) may be cited as the
'Mandatory Victims Restitution Act of 1996'.''
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-182, Sec. 1, Dec. 7, 1987, 101 Stat. 1266, provided
that: ''This Act (amending sections 3006A, 3553, 3561, 3563, 3564,
3583, 3663, 3672, 3742, and 4106 of this title, section 994 of
Title 28, Judiciary and Judicial Procedure, and sections 504 and
1111 of Title 29, Labor, enacting provisions set out as notes under
sections 3006A and 3553 of this title, rule 35 of the Federal Rules
of Criminal Procedure, set out in the Appendix to this title, and
section 994 of Title 28, and amending provisions set out as a note
under this section) may be cited as the 'Sentencing Act of 1987'.''
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99-217, Sec. 1, Dec. 26, 1985, 99 Stat. 1728, provided
that: ''This Act (amending section 994 of Title 28, Judiciary and
Judicial Procedure, and provisions set out as a note under this
section) may be cited as the 'Sentencing Reform Amendments Act of
1985'.''
SHORT TITLE
Section 211 of chapter II (Sec. 211-239) of title II of Pub. L.
98-473 provided that: ''This chapter (see Tables for
classification) may be cited as the 'Sentencing Reform Act of
1984'.''
MANDATORY VICTIM RESTITUTION; PROMULGATION OF REGULATIONS BY
ATTORNEY GENERAL
Pub. L. 104-132, title II, Sec. 209, Apr. 24, 1996, 110 Stat.
1240, provided that: ''Not later than 90 days after the date of
enactment of this subtitle (Apr. 24, 1996), the Attorney General
shall promulgate guidelines, or amend existing guidelines, to carry
out this subtitle (subtitle A (Sec. 201-211) of title II of Pub. L.
104-132, see Short Title of 1996 Amendment note set out above) and
the amendments made by this subtitle and to ensure that -
''(1) in all plea agreements negotiated by the United States,
consideration is given to requesting that the defendant provide
full restitution to all victims of all charges contained in the
indictment or information, without regard to the counts to which
the defendant actually pleaded; and
''(2) orders of restitution made pursuant to the amendments
made by this subtitle are enforced to the fullest extent of the
law.''
SENTENCING OF NONVIOLENT AND NONSERIOUS OFFENDERS; SENSE OF
CONGRESS
Section 239 of Pub. L. 98-473 provided that:
''Since, due to an impending crisis in prison overcrowding,
available Federal prison space must be treated as a scarce resource
in the sentencing of criminal defendants;
''Since, sentencing decisions should be designed to ensure that
prison resources are, first and foremost, reserved for those
violent and serious criminal offenders who pose the most dangerous
threat to society;
''Since, in cases of nonviolent and nonserious offenders, the
interests of society as a whole as well as individual victims of
crime can continue to be served through the imposition of
alternative sentences, such as restitution and community service;
''Since, in the two years preceding the enactment of sentencing
guidelines, Federal sentencing practice should ensure that scarce
prison resources are available to house violent and serious
criminal offenders by the increased use of restitution, community
service, and other alternative sentences in cases of nonviolent and
nonserious offenders: Now, therefore, be it
''Declared, That it is the sense of the Senate that in the two
years preceding the enactment of the sentencing guidelines, Federal
judges, in determining the particular sentence to be imposed,
consider -
''(1) the nature and circumstances of the offense and the
history and characteristics of the defendant;
''(2) the general appropriateness of imposing a sentence other
than imprisonment in cases in which the defendant has not been
convicted of a crime of violence or otherwise serious offense;
and
''(3) the general appropriateness of imposing a sentence of
imprisonment in cases in which the defendant has been convicted
of a crime of violence or otherwise serious offense.''
-SECREF-
ACT REFERRED TO IN OTHER SECTIONS
The Sentencing Reform Act of 1984 is referred to in title 16
section 460ddd.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3554, 3555, 3557, 3558 of
this title.
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18 USC Sec. 3552 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3552. Presentence reports
-STATUTE-
(a) Presentence Investigation and Report by Probation Officer. -
A United States probation officer shall make a presentence
investigation of a defendant that is required pursuant to the
provisions of Rule 32(c) of the Federal Rules of Criminal
Procedure, and shall, before the imposition of sentence, report the
results of the investigation to the court.
(b) Presentence Study and Report by Bureau of Prisons. - If the
court, before or after its receipt of a report specified in
subsection (a) or (c), desires more information than is otherwise
available to it as a basis for determining the sentence to be
imposed on a defendant found guilty of a misdemeanor or felony, it
may order a study of the defendant. The study shall be conducted
in the local community by qualified consultants unless the
sentencing judge finds that there is a compelling reason for the
study to be done by the Bureau of Prisons or there are no adequate
professional resources available in the local community to perform
the study. The period of the study shall be no more than sixty
days. The order shall specify the additional information that the
court needs before determining the sentence to be imposed. Such an
order shall be treated for administrative purposes as a provisional
sentence of imprisonment for the maximum term authorized by section
3581(b) for the offense committed. The study shall inquire into
such matters as are specified by the court and any other matters
that the Bureau of Prisons or the professional consultants believe
are pertinent to the factors set forth in section 3553(a). The
period of the study may, in the discretion of the court, be
extended for an additional period of not more than sixty days. By
the expiration of the period of the study, or by the expiration of
any extension granted by the court, the United States marshal
shall, if the defendant is in custody, return the defendant to the
court for final sentencing. The Bureau of Prisons or the
professional consultants shall provide the court with a written
report of the pertinent results of the study and make to the court
whatever recommendations the Bureau or the consultants believe will
be helpful to a proper resolution of the case. The report shall
include recommendations of the Bureau or the consultants concerning
the guidelines and policy statements, promulgated by the Sentencing
Commission pursuant to 28 U.S.C. 994(a), that they believe are
applicable to the defendant's case. After receiving the report and
the recommendations, the court shall proceed finally to sentence
the defendant in accordance with the sentencing alternatives and
procedures available under this chapter.
(c) Presentence Examination and Report by Psychiatric or
Psychological Examiners. - If the court, before or after its
receipt of a report specified in subsection (a) or (b) desires more
information than is otherwise available to it as a basis for
determining the mental condition of the defendant, the court may
order the same psychiatric or psychological examination and report
thereon as may be ordered under section 4244(b) of this title.
(d) Disclosure of Presentence Reports. - The court shall assure
that a report filed pursuant to this section is disclosed to the
defendant, the counsel for the defendant, and the attorney for the
Government at least ten days prior to the date set for sentencing,
unless this minimum period is waived by the defendant. The court
shall provide a copy of the presentence report to the attorney for
the Government to use in collecting an assessment, criminal fine,
forfeiture or restitution imposed.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1988; amended Pub. L. 99-646, Sec. 7(a), Nov. 10, 1986, 100
Stat. 3593; Pub. L. 101-647, title XXXVI, Sec. 3625, Nov. 29, 1990,
104 Stat. 4965.)
-MISC1-
AMENDMENTS
1990 - Subsec. (d). Pub. L. 101-647 inserted at end ''The court
shall provide a copy of the presentence report to the attorney for
the Government to use in collecting an assessment, criminal fine,
forfeiture or restitution imposed.''
1986 - Subsec. (b). Pub. L. 99-646, Sec. 7(a)(1), (2),
substituted ''study shall be'' for ''study shall take'' and
inserted '', if the defendant is in custody,'' after ''United
States marshal shall''.
Subsec. (c). Pub. L. 99-646, Sec. 7(a)(3), substituted ''the
court may order the same psychiatric or psychological examination
and report thereon as may be ordered under section 4244(b) of this
title'' for ''it may order that the defendant undergo a psychiatric
or psychological examination and that the court be provided with a
written report of the results of the examination pursuant to the
provisions of section 4247''.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-647 effective 180 days after Nov. 29,
1990, see section 3631 of Pub. L. 101-647, set out as an Effective
Date note under section 3001 of Title 28, Judiciary and Judicial
Procedure.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 7(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 3552 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.
USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL CONDUCT
Pub. L. 104-294, title V, Sec. 501, Oct. 11, 1996, 110 Stat.
3497, provided that:
''(a) Information. - The Administrative Office of the United
States courts shall establish policies and procedures for the
inclusion in all presentence reports of information that
specifically identifies and describes any use of encryption or
scrambling technology that would be relevant to an enhancement
under section 3C1.1 (dealing with Obstructing or Impeding the
Administration of Justice) of the Sentencing Guidelines or to
offense conduct under the Sentencing Guidelines.
''(b) Compiling and Report. - The United States Sentencing
Commission shall -
''(1) compile and analyze any information contained in
documentation described in subsection (a) relating to the use of
encryption or scrambling technology to facilitate or conceal
criminal conduct; and
''(2) based on the information compiled and analyzed under
paragraph (1), annually report to the Congress on the nature and
extent of the use of encryption or scrambling technology to
facilitate or conceal criminal conduct.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3672, 4106A of this
title.
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18 USC Sec. 3553 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3553. Imposition of a sentence
-STATUTE-
(a) Factors To Be Considered in Imposing a Sentence. - The court
shall impose a sentence sufficient, but not greater than necessary,
to comply with the purposes set forth in paragraph (2) of this
subsection. The court, in determining the particular sentence to
be imposed, shall consider -
(1) the nature and circumstances of the offense and the history
and characteristics of the defendant;
(2) the need for the sentence imposed -
(A) to reflect the seriousness of the offense, to promote
respect for the law, and to provide just punishment for the
offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the
defendant; and
(D) to provide the defendant with needed educational or
vocational training, medical care, or other correctional
treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established
for -
(A) the applicable category of offense committed by the
applicable category of defendant as set forth in the guidelines
issued by the Sentencing Commission pursuant to section
994(a)(1) of title 28, United States Code, and that are in
effect on the date the defendant is sentenced; or
(B) in the case of a violation of probation or supervised
release, the applicable guidelines or policy statements issued
by the Sentencing Commission pursuant to section 994(a)(3) of
title 28, United States Code;
(5) any pertinent policy statement issued by the Sentencing
Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on
the date the defendant is sentenced;
(6) the need to avoid unwarranted sentence disparities among
defendants with similar records who have been found guilty of
similar conduct; and
(7) the need to provide restitution to any victims of the
offense.
(b) Application of Guidelines in Imposing a Sentence. - The court
shall impose a sentence of the kind, and within the range, referred
to in subsection (a)(4) unless the court finds that there exists an
aggravating or mitigating circumstance of a kind, or to a degree,
not adequately taken into consideration by the Sentencing
Commission in formulating the guidelines that should result in a
sentence different from that described. In determining whether a
circumstance was adequately taken into consideration, the court
shall consider only the sentencing guidelines, policy statements,
and official commentary of the Sentencing Commission. In the
absence of an applicable sentencing guideline, the court shall
impose an appropriate sentence, having due regard for the purposes
set forth in subsection (a)(2). In the absence of an applicable
sentencing guideline in the case of an offense other than a petty
offense, the court shall also have due regard for the relationship
of the sentence imposed to sentences prescribed by guidelines
applicable to similar offenses and offenders, and to the applicable
policy statements of the Sentencing Commission.
(c) Statement of Reasons for Imposing a Sentence. - The court, at
the time of sentencing, shall state in open court the reasons for
its imposition of the particular sentence, and, if the sentence -
(1) is of the kind, and within the range, described in
subsection (a)(4), and that range exceeds 24 months, the reason
for imposing a sentence at a particular point within the range;
or
(2) is not of the kind, or is outside the range, described in
subsection (a)(4), the specific reason for the imposition of a
sentence different from that described.
If the court does not order restitution, or orders only partial
restitution, the court shall include in the statement the reason
therefor. The court shall provide a transcription or other
appropriate public record of the court's statement of reasons to
the Probation System, and, if the sentence includes a term of
imprisonment, to the Bureau of Prisons.
(d) Presentence Procedure for an Order of Notice. - Prior to
imposing an order of notice pursuant to section 3555, the court
shall give notice to the defendant and the Government that it is
considering imposing such an order. Upon motion of the defendant
or the Government, or on its own motion, the court shall -
(1) permit the defendant and the Government to submit
affidavits and written memoranda addressing matters relevant to
the imposition of such an order;
(2) afford counsel an opportunity in open court to address
orally the appropriateness of the imposition of such an order;
and
(3) include in its statement of reasons pursuant to subsection
(c) specific reasons underlying its determinations regarding the
nature of such an order.
Upon motion of the defendant or the Government, or on its own
motion, the court may in its discretion employ any additional
procedures that it concludes will not unduly complicate or prolong
the sentencing process.
(e) Limited Authority To Impose a Sentence Below a Statutory
Minimum. - Upon motion of the Government, the court shall have the
authority to impose a sentence below a level established by statute
as a minimum sentence so as to reflect a defendant's substantial
assistance in the investigation or prosecution of another person
who has committed an offense. Such sentence shall be imposed in
accordance with the guidelines and policy statements issued by the
Sentencing Commission pursuant to section 994 of title 28, United
States Code.
(f) Limitation on Applicability of Statutory Minimums in Certain
Cases. - Notwithstanding any other provision of law, in the case of
an offense under section 401, 404, or 406 of the Controlled
Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of
the Controlled Substances Import and Export Act (21 U.S.C. 960,
963), the court shall impose a sentence pursuant to guidelines
promulgated by the United States Sentencing Commission under
section 994 of title 28 without regard to any statutory minimum
sentence, if the court finds at sentencing, after the Government
has been afforded the opportunity to make a recommendation, that -
(1) the defendant does not have more than 1 criminal history
point, as determined under the sentencing guidelines;
(2) the defendant did not use violence or credible threats of
violence or possess a firearm or other dangerous weapon (or
induce another participant to do so) in connection with the
offense;
(3) the offense did not result in death or serious bodily
injury to any person;
(4) the defendant was not an organizer, leader, manager, or
supervisor of others in the offense, as determined under the
sentencing guidelines and was not engaged in a continuing
criminal enterprise, as defined in section 408 of the Controlled
Substances Act; and
(5) not later than the time of the sentencing hearing, the
defendant has truthfully provided to the Government all
information and evidence the defendant has concerning the offense
or offenses that were part of the same course of conduct or of a
common scheme or plan, but the fact that the defendant has no
relevant or useful other information to provide or that the
Government is already aware of the information shall not preclude
a determination by the court that the defendant has complied with
this requirement.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1989; amended Pub. L. 99-570, title I, Sec. 1007(a), Oct. 27,
1986, 100 Stat. 3207-7; Pub. L. 99-646, Sec. 8(a), 9(a), 80(a),
81(a), Nov. 10, 1986, 100 Stat. 3593, 3619; Pub. L. 100-182, Sec.
3, 16(a), 17, Dec. 7, 1987, 101 Stat. 1266, 1269, 1270; Pub. L.
100-690, title VII, Sec. 7102, Nov. 18, 1988, 102 Stat. 4416; Pub.
L. 103-322, title VIII, Sec. 80001(a), title XXVIII, Sec. 280001,
Sept. 13, 1994, 108 Stat. 1985, 2095; Pub. L. 104-294, title VI,
Sec. 601(b)(5), (6), (h), Oct. 11, 1996, 110 Stat. 3499, 3500; Pub.
L. 107-273, div. B, title IV, Sec. 4002(a)(8), Nov. 2, 2002, 116
Stat. 1807.)
-REFTEXT-
REFERENCES IN TEXT
Section 408 of the Controlled Substances Act, referred to in
subsec. (f)(4), is classified to section 848 of Title 21, Food and
Drugs.
-MISC2-
AMENDMENTS
2002 - Subsec. (e). Pub. L. 107-273 inserted ''a'' before
''minimum sentence''.
1996 - Subsec. (f). Pub. L. 104-294, Sec. 601(h), amended
directory language of Pub. L. 103-322, Sec. 80001(a). See 1994
Amendment note below.
Pub. L. 104-294, Sec. 601(b)(5), in introductory provisions,
substituted ''section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960, 963)'' for ''section 1010 or
1013 of the Controlled Substances Import and Export Act (21 U.S.C.
961, 963)''.
Subsec. (f)(4). Pub. L. 104-294, Sec. 601(b)(6), substituted
''section 408 of the Controlled Substances Act'' for ''21 U.S.C.
848''.
1994 - Subsec. (a)(4). Pub. L. 103-322, Sec. 280001, amended par.
(4) generally. Prior to amendment, par. (4) read as follows: ''the
kinds of sentence and the sentencing range established for the
applicable category of offense committed by the applicable category
of defendant as set forth in the guidelines that are issued by the
Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and that are
in effect on the date the defendant is sentenced;''.
Subsec. (f). Pub. L. 103-322, Sec. 80001(a), as amended by Pub.
L. 104-294, Sec. 601(h), added subsec. (f).
1988 - Subsec. (c). Pub. L. 100-690 inserted ''or other
appropriate public record'' after ''transcription'' in second
sentence and struck out ''clerk of the'' before ''court'' in last
sentence.
1987 - Subsec. (b). Pub. L. 100-182, Sec. 3(1), (2), substituted
''court finds that there exists an aggravating or mitigating
circumstance of a kind, or to a degree, not adequately taken into
consideration by the Sentencing Commission in formulating the
guidelines that should result'' for ''court finds that an
aggravating or mitigating circumstance exists that was not
adequately taken into consideration by the Sentencing Commission in
formulating the guidelines and that should result''.
Pub. L. 100-182, Sec. 3(3), inserted after first sentence ''In
determining whether a circumstance was adequately taken into
consideration, the court shall consider only the sentencing
guidelines, policy statements, and official commentary of the
Sentencing Commission.''
Pub. L. 100-182, Sec. 16(a), substituted ''In the absence of an
applicable sentencing guideline, the court shall impose an
appropriate sentence, having due regard for the purposes set forth
in subsection (a)(2). In the absence of an applicable sentencing
guideline in the case of an offense other than a petty offense, the
court shall also have due regard for the relationship of the
sentence imposed to sentences prescribed by guidelines applicable
to similar offenses and offenders, and to the applicable policy
statements of the Sentencing Commission.'' for ''In the absence of
an applicable sentencing guideline, the court shall impose an
appropriate sentence, having due regard for the relationship of the
sentence imposed to sentences prescribed by guidelines applicable
to similar offenses and offenders, the applicable policy statements
of the Sentencing Commission, and the purposes of sentencing set
forth in subsection (a)(2).''
Subsec. (c)(1). Pub. L. 100-182, Sec. 17, inserted ''and that
range exceeds 24 months,''.
1986 - Subsec. (a)(7). Pub. L. 99-646, Sec. 81(a), added par.
(7).
Subsec. (b). Pub. L. 99-646, Sec. 9(a), inserted provision
relating to sentencing in the absence of applicable guidelines.
Subsec. (c). Pub. L. 99-646, Sec. 8(a), substituted ''If the
court does not order restitution, or orders only partial
restitution'' for ''If the sentence does not include an order of
restitution''.
Subsec. (d). Pub. L. 99-646, Sec. 80(a), struck out ''or
restitution'' after ''notice'' in heading, and struck out ''or an
order of restitution pursuant to section 3556,'' after ''section
3555,'' in introductory text.
Subsec. (e). Pub. L. 99-570 added subsec. (e).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 80001(c) of Pub. L. 103-322 provided that: ''The
amendment made by subsection (a) (amending this section) shall
apply to all sentences imposed on or after the 10th day beginning
after the date of enactment of this Act (Sept. 13, 1994).''
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 8(c) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section and section 3663 of
this title) shall take effect on the date of the taking effect of
section 3553 of title 18, United States Code (Nov. 1, 1987).''
Section 9(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 3553 of title 18, United
States Code (Nov. 1, 1987).''
Section 80(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 212(a)(2) of the
Sentencing Reform Act of 1984 (section 212(a)(2) of Pub. L. 98-473,
effective Nov. 1, 1987).''
Section 81(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 212(a)(2) of the
Sentencing Reform Act of 1984 (section 212(a)(2) of Pub. L. 98-473,
effective Nov. 1, 1987).''
Section 1007(b) of Pub. L. 99-570 provided that: ''The amendment
made by this section (amending this section) shall take effect on
the date of the taking effect of section 3553 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.
AUTHORITY TO LOWER A SENTENCE BELOW STATUTORY MINIMUM FOR OLD
OFFENSES
Section 24 of Pub. L. 100-182 provided that: ''Notwithstanding
section 235 of the Comprehensive Crime Control Act of 1984 (section
235 of Pub. L. 98-473, set out as a note under section 3551 of this
title) -
''(1) section 3553(e) of title 18, United States Code;
''(2) rule 35(b) of the Federal Rules of Criminal Procedure as
amended by section 215(b) of such Act (set out in the Appendix to
this title); and
''(3) rule 35(b) as in effect before the taking effect of the
initial set of guidelines promulgated by the United States
Sentencing Commission pursuant to chapter 58 of title 28, United
States Code,
shall apply in the case of an offense committed before the taking
effect of such guidelines.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1031, 3551, 3552, 3555,
3562, 3563, 3564, 3565, 3572, 3582, 3583, 3584, 3742 of this title;
title 28 sections 991, 994, 995.
-CITE-
18 USC Sec. 3554 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3554. Order of criminal forfeiture
-STATUTE-
The court, in imposing a sentence on a defendant who has been
found guilty of an offense described in section 1962 of this title
or in title II or III of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 shall order, in addition to the sentence
that is imposed pursuant to the provisions of section 3551, that
the defendant forfeit property to the United States in accordance
with the provisions of section 1963 of this title or section 413 of
the Comprehensive Drug Abuse and Control Act of 1970.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1990.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in text, is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1236, as amended. Title II of this Act, known as the Controlled
Substances Act, is classified principally to subchapter I (Sec. 801
et seq.) of chapter 13 of Title 21, Food and Drugs. Title III of
this Act, known as the Controlled Substances Import and Export Act,
is classified principally to subchapter II (Sec. 951 et seq.) of
chapter 13 of Title 21. Section 413 of this Act is classified to
section 853 of Title 21. For complete classification of this Act to
the Code, see Short Title note set out under sections 801 and 951
of Title 21 and Tables.
-MISC2-
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 section 3551 of this title; title
28 section 994.
-CITE-
18 USC Sec. 3555 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3555. Order of notice to victims
-STATUTE-
The court, in imposing a sentence on a defendant who has been
found guilty of an offense involving fraud or other intentionally
deceptive practices, may order, in addition to the sentence that is
imposed pursuant to the provisions of section 3551, that the
defendant give reasonable notice and explanation of the conviction,
in such form as the court may approve, to the victims of the
offense. The notice may be ordered to be given by mail, by
advertising in designated areas or through designated media, or by
other appropriate means. In determining whether to require the
defendant to give such notice, the court shall consider the factors
set forth in section 3553(a) to the extent that they are applicable
and shall consider the cost involved in giving the notice as it
relates to the loss caused by the offense, and shall not require
the defendant to bear the costs of notice in excess of $20,000.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1991.)
-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 sections 3551, 3553, 3563 of this
title; title 28 section 994.
-CITE-
18 USC Sec. 3556 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3556. Order of restitution
-STATUTE-
The court, in imposing a sentence on a defendant who has been
found guilty of an offense shall order restitution in accordance
with section 3663A, and may order restitution in accordance with
section 3663. The procedures under section 3664 shall apply to all
orders of restitution under this section.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1991; amended Pub. L. 99-646, Sec. 20(b), Nov. 10, 1986, 100
Stat. 3596; Pub. L. 104-132, title II, Sec. 202, Apr. 24, 1996, 110
Stat. 1227.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-132 substituted ''shall order restitution''
for ''may order restitution'' and ''section 3663A, and may order
restitution in accordance with section 3663. The procedures under
section 3664 shall apply to all orders of restitution under this
section'' for ''sections 3663 and 3664''.
1986 - Pub. L. 99-646 substituted ''may order restitution in
accordance with sections 3663 and 3664'' for ''under this title, or
an offense under section 902(h), (i), (j), or (n) of the Federal
Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to
the sentence that is imposed pursuant to the provisions of section
3551, that the defendant make restitution to any victim of the
offense in accordance with the provisions of sections 3663 and
3664''.
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 1986 AMENDMENT
Section 20(c) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section and section 3663 of
this title) shall take effect on the date of the taking effect of
section 212(a)(2) of the Sentencing Reform Act of 1984 (section
212(a)(2) of Pub. L. 98-473, effective 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 3551, 3563, 3612, 5037 of
this title; title 28 section 994.
-CITE-
18 USC Sec. 3557 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3557. Review of a sentence
-STATUTE-
The review of a sentence imposed pursuant to section 3551 is
governed by the provisions of section 3742.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1991.)
-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. 3558 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3558. Implementation of a sentence
-STATUTE-
The implementation of a sentence imposed pursuant to section 3551
is governed by the provisions of chapter 229.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1991.)
-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. 3559 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER A - GENERAL PROVISIONS
-HEAD-
Sec. 3559. Sentencing classification of offenses
-STATUTE-
(a) Classification. - An offense that is not specifically
classified by a letter grade in the section defining it, is
classified if the maximum term of imprisonment authorized is -
(1) life imprisonment, or if the maximum penalty is death, as a
Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a
Class C felony;
(4) less than ten years but five or more years, as a Class D
felony;
(5) less than five years but more than one year, as a Class E
felony;
(6) one year or less but more than six months, as a Class A
misdemeanor;
(7) six months or less but more than thirty days, as a Class B
misdemeanor;
(8) thirty days or less but more than five days, as a Class C
misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as
an infraction.
(b) Effect of Classification. - Except as provided in subsection
(c), an offense classified under subsection (a) carries all the
incidents assigned to the applicable letter designation, except
that the maximum term of imprisonment is the term authorized by the
law describing the offense.
(c) Imprisonment of Certain Violent Felons. -
(1) Mandatory life imprisonment. - Notwithstanding any other
provision of law, a person who is convicted in a court of the
United States of a serious violent felony shall be sentenced to
life imprisonment if -
(A) the person has been convicted (and those convictions have
become final) on separate prior occasions in a court of the
United States or of a State of -
(i) 2 or more serious violent felonies; or
(ii) one or more serious violent felonies and one or more
serious drug offenses; and
(B) each serious violent felony or serious drug offense used
as a basis for sentencing under this subsection, other than the
first, was committed after the defendant's conviction of the
preceding serious violent felony or serious drug offense.
(2) Definitions. - For purposes of this subsection -
(A) the term ''assault with intent to commit rape'' means an
offense that has as its elements engaging in physical contact
with another person or using or brandishing a weapon against
another person with intent to commit aggravated sexual abuse or
sexual abuse (as described in sections 2241 and 2242);
(B) the term ''arson'' means an offense that has as its
elements maliciously damaging or destroying any building,
inhabited structure, vehicle, vessel, or real property by means
of fire or an explosive;
(C) the term ''extortion'' means an offense that has as its
elements the extraction of anything of value from another
person by threatening or placing that person in fear of injury
to any person or kidnapping of any person;
(D) the term ''firearms use'' means an offense that has as
its elements those described in section 924(c) or 929(a), if
the firearm was brandished, discharged, or otherwise used as a
weapon and the crime of violence or drug trafficking crime
during and relation to which the firearm was used was subject
to prosecution in a court of the United States or a court of a
State, or both;
(E) the term ''kidnapping'' means an offense that has as its
elements the abduction, restraining, confining, or carrying
away of another person by force or threat of force;
(F) the term ''serious violent felony'' means -
(i) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in
section 1111); manslaughter other than involuntary
manslaughter (as described in section 1112); assault with
intent to commit murder (as described in section 113(a));
assault with intent to commit rape; aggravated sexual abuse
and sexual abuse (as described in sections 2241 and 2242);
abusive sexual contact (as described in sections 2244(a)(1)
and (a)(2)); kidnapping; aircraft piracy (as described in
section 46502 of Title 49); robbery (as described in section
2111, 2113, or 2118); carjacking (as described in section
2119); extortion; arson; firearms use; firearms possession
(as described in section 924(c)); or attempt, conspiracy, or
solicitation to commit any of the above offenses; and
(ii) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the
use, attempted use, or threatened use of physical force
against the person of another or that, by its nature,
involves a substantial risk that physical force against the
person of another may be used in the course of committing the
offense;
(G) the term ''State'' means a State of the United States,
the District of Columbia, and a commonwealth, territory, or
possession of the United States; and
(H) the term ''serious drug offense'' means -
(i) an offense that is punishable under section
401(b)(1)(A) or 408 of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)(A)); or
(ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been
punishable under section 401(b)(1)(A) or 408 of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)(A)).
(3) Nonqualifying felonies. -
(A) Robbery in certain cases. - Robbery, an attempt,
conspiracy, or solicitation to commit robbery; or an offense
described in paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that -
(i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous
weapon was involved in the offense; and
(ii) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person.
(B) Arson in certain cases. - Arson shall not serve as a
basis for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that -
(i) the offense posed no threat to human life; and
(ii) the defendant reasonably believed the offense posed no
threat to human life.
(4) Information filed by united states attorney. - The
provisions of section 411(a) of the Controlled Substances Act (21
U.S.C. 851(a)) shall apply to the imposition of sentence under
this subsection.
(5) Rule of construction. - This subsection shall not be
construed to preclude imposition of the death penalty.
(6) Special provision for indian country. - No person subject
to the criminal jurisdiction of an Indian tribal government shall
be subject to this subsection for any offense for which Federal
jurisdiction is solely predicated on Indian country (as defined
in section 1151) and which occurs within the boundaries of such
Indian country unless the governing body of the tribe has elected
that this subsection have effect over land and persons subject to
the criminal jurisdiction of the tribe.
(7) Resentencing upon overturning of prior conviction. - If the
conviction for a serious violent felony or serious drug offense
that was a basis for sentencing under this subsection is found,
pursuant to any appropriate State or Federal procedure, to be
unconstitutional or is vitiated on the explicit basis of
innocence, or if the convicted person is pardoned on the explicit
basis of innocence, the person serving a sentence imposed under
this subsection shall be resentenced to any sentence that was
available at the time of the original sentencing.
(d) Death or Imprisonment for Crimes Against Children. -
(1) In general. - Subject to paragraph (2) and notwithstanding
any other provision of law, a person who is convicted of a
Federal offense that is a serious violent felony (as defined in
subsection (c)) or a violation of section 2422, 2423, or 2251
shall, unless the sentence of death is imposed, be sentenced to
imprisonment for life, if -
(A) the victim of the offense has not attained the age of 14
years;
(B) the victim dies as a result of the offense; and
(C) the defendant, in the course of the offense, engages in
conduct described in section 3591(a)(2).
(2) Exception. - With respect to a person convicted of a
Federal offense described in paragraph (1), the court may impose
any lesser sentence that is authorized by law to take into
account any substantial assistance provided by the defendant in
the investigation or prosecution of another person who has
committed an offense, in accordance with the Federal Sentencing
Guidelines and the policy statements of the Federal Sentencing
Commission pursuant to section 994(p) of title 28, or for other
good cause.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1991; amended Pub. L. 100-185, Sec. 5, Dec. 11, 1987, 101
Stat. 1279; Pub. L. 100-690, title VII, Sec. 7041, Nov. 18, 1988,
102 Stat. 4399; Pub. L. 103-322, title VII, Sec. 70001, Sept. 13,
1994, 108 Stat. 1982; Pub. L. 105-314, title V, Sec. 501, Oct. 30,
1998, 112 Stat. 2980; Pub. L. 105-386, Sec. 1(b), Nov. 13, 1998,
112 Stat. 3470.)
-MISC1-
AMENDMENTS
1998 - Subsec. (c)(2)(F)(i). Pub. L. 105-386 inserted ''firearms
possession (as described in section 924(c));'' after ''firearms
use;''.
Subsec. (d). Pub. L. 105-314 added subsec. (d).
1994 - Subsec. (b). Pub. L. 103-322, Sec. 70001(1), substituted
''Except as provided in subsection (c), an'' for ''An''.
Subsec. (c). Pub. L. 103-322, Sec. 70001(2), added subsec. (c).
1988 - Subsec. (a). Pub. L. 100-690, Sec. 7041(a)(1), substituted
''classified if the maximum term of imprisonment authorized is - ''
for ''classified -
''(1) if the maximum term of imprisonment authorized is - ''.
Subsec. (a)(1) to (9). Pub. L. 100-690, Sec. 7041(a)(2), (b),
redesignated subpars. (A) to (I) as pars. (1) to (9), respectively,
and substituted ''twenty-five'' for ''twenty'' in pars. (2) and
(3).
1987 - Subsec. (b). Pub. L. 100-185 substituted '', except that
the maximum term of imprisonment is the term authorized by the law
describing the offense.'' for ''except that:
''(1) the maximum fine that may be imposed is the fine
authorized by the statute describing the offense, or by this
chapter, whichever is the greater; and
''(2) the maximum term of imprisonment is the term authorized
by the statute describing the offense.''
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 3154, 3582 of this title;
title 10 section 1132; title 42 section 14135a; title 49 section
46502.
-CITE-
18 USC SUBCHAPTER B - PROBATION 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
.
-HEAD-
SUBCHAPTER B - PROBATION
-MISC1-
SUBCHAPTER B - PROBATION (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should not appear.
Sec.
3561. Sentence of probation.
3562. Imposition of a sentence of probation.
3563. Conditions of probation.
3564. Running of a term of probation.
3565. Revocation of probation.
3566. Implementation of a sentence of probation.
AMENDMENTS
1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis for this subchapter to
follow heading for this subchapter.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 3551, 3601, 3605 of
this title.
-CITE-
18 USC Sec. 3561 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
-HEAD-
Sec. 3561. Sentence of probation
-STATUTE-
(a) In General. - A defendant who has been found guilty of an
offense may be sentenced to a term of probation unless -
(1) the offense is a Class A or Class B felony and the
defendant is an individual;
(2) the offense is an offense for which probation has been
expressly precluded; or
(3) the defendant is sentenced at the same time to a term of
imprisonment for the same or a different offense that is not a
petty offense.
(b) Domestic Violence Offenders. - A defendant who has been
convicted for the first time of a domestic violence crime shall be
sentenced to a term of probation if not sentenced to a term of
imprisonment. The term ''domestic violence crime'' means a crime
of violence for which the defendant may be prosecuted in a court of
the United States in which the victim or intended victim is the
spouse, former spouse, intimate partner, former intimate partner,
child, or former child of the defendant, or any other relative of
the defendant.
(c) Authorized Terms. - The authorized terms of probation are -
(1) for a felony, not less than one nor more than five years;
(2) for a misdemeanor, not more than five years; and
(3) for an infraction, not more than one year.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1992; amended Pub. L. 99-646, Sec. 10(a), Nov. 10, 1986, 100
Stat. 3593; Pub. L. 100-182, Sec. 7, Dec. 7, 1987, 101 Stat. 1267;
Pub. L. 103-322, title XXVIII, Sec. 280004, title XXXII, Sec.
320921(a), Sept. 13, 1994, 108 Stat. 2096, 2130; Pub. L. 104-294,
title VI, Sec. 604(c)(1), Oct. 11, 1996, 110 Stat. 3509.)
-MISC1-
PRIOR PROVISIONS
For a prior section 3561, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-294 struck out ''or any relative
defendant, child, or former child of the defendant,'' before ''or
any other relative of the defendant''.
1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 280004, inserted
before period at end ''that is not a petty offense''.
Subsecs. (b), (c). Pub. L. 103-322, Sec. 320921(a), added subsec.
(b) and redesignated former subsec. (b) as (c).
1987 - Subsec. (a)(1). Pub. L. 100-182 inserted ''and the
defendant is an individual'' after ''Class B felony''.
1986 - Subsec. (a). Pub. L. 99-646 struck out at end ''The
liability of a defendant for any unexecuted fine or other
punishment imposed as to which probation is granted shall be fully
discharged by the fulfillment of the terms and conditions of
probation.''
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 10(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 3561(a) (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 3563, 3583, 5037 of this
title.
-CITE-
18 USC Sec. 3562 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
-HEAD-
Sec. 3562. Imposition of a sentence of probation
-STATUTE-
(a) Factors To Be Considered in Imposing a Term of Probation. -
The court, in determining whether to impose a term of probation,
and, if a term of probation is to be imposed, in determining the
length of the term and the conditions of probation, shall consider
the factors set forth in section 3553(a) to the extent that they
are applicable.
(b) Effect of Finality of Judgment. - Notwithstanding the fact
that a sentence of probation can subsequently be -
(1) modified or revoked pursuant to the provisions of section
3564 or 3565;
(2) corrected pursuant to the provisions of rule 35 of the
Federal Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range,
pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes
a final judgment for all other purposes.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1992; amended Pub. L. 101-647, title XXXV, Sec. 3583, Nov.
29, 1990, 104 Stat. 4930.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(2), are set out in the Appendix to this title.
-MISC2-
PRIOR PROVISIONS
For a prior section 3562, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
1990 - Subsec. (b)(2). Pub. L. 101-647 inserted ''of the Federal
Rules of Criminal Procedure'' after ''rule 35''.
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. 3563 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
-HEAD-
Sec. 3563. Conditions of probation
-STATUTE-
(a) Mandatory Conditions. - The court shall provide, as an
explicit condition of a sentence of probation -
(1) for a felony, a misdemeanor, or an infraction, that the
defendant not commit another Federal, State, or local crime
during the term of probation;
(2) for a felony, that the defendant also abide by at least one
condition set forth in subsection (b)(2), (b)(3), or (b)(13),
unless the court finds on the record that extraordinary
circumstances exist that would make such a condition plainly
unreasonable, in which event the court shall impose one or more
of the other conditions set forth under subsection (b);
(3) for a felony, a misdemeanor, or an infraction, that the
defendant not unlawfully possess a controlled substance;
(4) for a domestic violence crime as defined in section 3561(b)
by a defendant convicted of such an offense for the first time
that the defendant attend a public, private, or private nonprofit
offender rehabilitation program that has been approved by the
court, in consultation with a State Coalition Against Domestic
Violence or other appropriate experts, if an approved program is
readily available within a 50-mile radius of the legal residence
of the defendant;
(5) for a felony, a misdemeanor, or an infraction, that the
defendant refrain from any unlawful use of a controlled substance
and submit to one drug test within 15 days of release on
probation and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance, but
the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the
defendant's presentence report or other reliable sentencing
information indicates a low risk of future substance abuse by the
defendant;
(6) that the defendant -
(A) make restitution in accordance with sections 2248, 2259,
2264, 2327, 3663, 3663A, and 3664; and
(B) pay the assessment imposed in accordance with section
3013;
(7) that the defendant will notify the court of any material
change in the defendant's economic circumstances that might
affect the defendant's ability to pay restitution, fines, or
special assessments;
(8) for a person described in section 4042(c)(4), that the
person report the address where the person will reside and any
subsequent change of residence to the probation officer
responsible for supervision, and that the person register in any
State where the person resides, is employed, carries on a
vocation, or is a student (as such terms are defined under
section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994); and
(9) that the defendant cooperate in the collection of a DNA
sample from the defendant if the collection of such a sample is
authorized pursuant to section 3 of the DNA Analysis Backlog
Elimination Act of 2000.
If the court has imposed and ordered execution of a fine and placed
the defendant on probation, payment of the fine or adherence to the
court-established installment schedule shall be a condition of the
probation.
(b) Discretionary Conditions. - The court may provide, as further
conditions of a sentence of probation, to the extent that such
conditions are reasonably related to the factors set forth in
section 3553(a)(1) and (a)(2) and to the extent that such
conditions involve only such deprivations of liberty or property as
are reasonably necessary for the purposes indicated in section
3553(a)(2), that the defendant -
(1) support his dependents and meet other family
responsibilities;
(2) make restitution to a victim of the offense under section
3556 (but not subject to the limitation of section 3663(a) or
3663A(c)(1)(A));
(3) give to the victims of the offense the notice ordered
pursuant to the provisions of section 3555;
(4) work conscientiously at suitable employment or pursue
conscientiously a course of study or vocational training that
will equip him for suitable employment;
(5) refrain, in the case of an individual, from engaging in a
specified occupation, business, or profession bearing a
reasonably direct relationship to the conduct constituting the
offense, or engage in such a specified occupation, business, or
profession only to a stated degree or under stated circumstances;
(6) refrain from frequenting specified kinds of places or from
associating unnecessarily with specified persons;
(7) refrain from excessive use of alcohol, or any use of a
narcotic drug or other controlled substance, as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802),
without a prescription by a licensed medical practitioner;
(8) refrain from possessing a firearm, destructive device, or
other dangerous weapon;
(9) undergo available medical, psychiatric, or psychological
treatment, including treatment for drug or alcohol dependency, as
specified by the court, and remain in a specified institution if
required for that purpose;
(10) remain in the custody of the Bureau of Prisons during
nights, weekends, or other intervals of time, totaling no more
than the lesser of one year or the term of imprisonment
authorized for the offense, during the first year of the term of
probation;
(11) reside at, or participate in the program of, a community
corrections facility (including a facility maintained or under
contract to the Bureau of Prisons) for all or part of the term of
probation;
(12) work in community service as directed by the court;
(13) reside in a specified place or area, or refrain from
residing in a specified place or area;
(14) remain within the jurisdiction of the court, unless
granted permission to leave by the court or a probation officer;
(15) report to a probation officer as directed by the court or
the probation officer;
(16) permit a probation officer to visit him at his home or
elsewhere as specified by the court;
(17) answer inquiries by a probation officer and notify the
probation officer promptly of any change in address or
employment;
(18) notify the probation officer promptly if arrested or
questioned by a law enforcement officer;
(19) remain at his place of residence during nonworking hours
and, if the court finds it appropriate, that compliance with this
condition be monitored by telephonic or electronic signaling
devices, except that a condition under this paragraph may be
imposed only as an alternative to incarceration;
(20) comply with the terms of any court order or order of an
administrative process pursuant to the law of a State, the
District of Columbia, or any other possession or territory of the
United States, requiring payments by the defendant for the
support and maintenance of a child or of a child and the parent
with whom the child is living;
(21) be ordered deported by a United States district court, or
United States magistrate judge, pursuant to a stipulation entered
into by the defendant and the United States under section
238(d)(5) of the Immigration and Nationality Act, except that, in
the absence of a stipulation, the United States district court or
a United States magistrate judge, may order deportation as a
condition of probation, if, after notice and hearing pursuant to
such section, the Attorney General demonstrates by clear and
convincing evidence that the alien is deportable; or
(22) satisfy such other conditions as the court may impose.
(c) Modifications of Conditions. - The court may modify, reduce,
or enlarge the conditions of a sentence of probation at any time
prior to the expiration or termination of the term of probation,
pursuant to the provisions of the Federal Rules of Criminal
Procedure relating to the modification of probation and the
provisions applicable to the initial setting of the conditions of
probation.
(d) Written Statement of Conditions. - The court shall direct
that the probation officer provide the defendant with a written
statement that sets forth all the conditions to which the sentence
is subject, and that is sufficiently clear and specific to serve as
a guide for the defendant's conduct and for such supervision as is
required.
(e) Results of Drug Testing. - The results of a drug test
administered in accordance with subsection (a)(5) shall be subject
to confirmation only if the results are positive, the defendant is
subject to possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is some other
reason to question the results of the test. A defendant who tests
positive may be detained pending verification of a positive drug
test result. A drug test confirmation shall be a urine drug test
confirmed using gas chromatography/mass spectrometry techniques or
such test as the Director of the Administrative Office of the
United States Courts after consultation with the Secretary of
Health and Human Services may determine to be of equivalent
accuracy. The court shall consider whether the availability of
appropriate substance abuse treatment programs, or an individual's
current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering any
action against a defendant who fails a drug test administered in
accordance with subsection (a)(5).
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1993; amended Pub. L. 99-646, Sec. 11(a), 12(a), Nov. 10,
1986, 100 Stat. 3594; Pub. L. 100-182, Sec. 10, 18, Dec. 7, 1987,
101 Stat. 1267, 1270; Pub. L. 100-690, title VII, Sec. 7086, 7110,
7303(a)(1), 7305(a), Nov. 18, 1988, 102 Stat. 4408, 4419, 4464,
4465; Pub. L. 101-647, title XXXV, Sec. 3584, Nov. 29, 1990, 104
Stat. 4930; Pub. L. 102-521, Sec. 3, Oct. 25, 1992, 106 Stat. 3404;
Pub. L. 103-322, title II, Sec. 20414(b), title XXVIII, Sec.
280002, title XXXII, Sec. 320921(b), Sept. 13, 1994, 108 Stat.
1830, 2096, 2130; Pub. L. 104-132, title II, Sec. 203, Apr. 24,
1996, 110 Stat. 1227; Pub. L. 104-208, div. C, title III, Sec.
308(g)(10)(E), 374(b), Sept. 30, 1996, 110 Stat. 3009-625,
3009-647; Pub. L. 104-294, title VI, Sec. 601(k), Oct. 11, 1996,
110 Stat. 3501; Pub. L. 105-119, title I, Sec.
115(a)(8)(B)(i)-(iii), Nov. 26, 1997, 111 Stat. 2465; Pub. L.
106-546, Sec. 7(a), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 107-273,
div. B, title IV, Sec. 4002(c)(1), (e)(12), Nov. 2, 2002, 116
Stat. 1808, 1811.)
-REFTEXT-
REFERENCES IN TEXT
Section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (a)(8), is
classified to section 14071(a)(3) of Title 42, The Public Health
and Welfare.
Section 3 of the DNA Analysis Backlog Elimination Act of 2000,
referred to in subsec. (a)(9), is classified to section 14135a of
Title 42, The Public Health and Welfare.
Section 238(d)(5) of the Immigration and Nationality Act,
referred to in subsec. (b)(21), is classified to section 1228(d)(5)
of Title 8, Aliens and Nationality.
The Federal Rules of Criminal Procedure, referred to in subsec.
(c), are set out in the Appendix to this title.
-MISC2-
PRIOR PROVISIONS
For a prior section 3563, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(e)(12)(A), made
technical correction to directory language of Pub. L. 105-119, Sec.
115(a)(8)(B)(i). See 1997 Amendment note below.
Subsec. (a)(3) to (5). Pub. L. 107-273, Sec. 4002(c)(1), repealed
Pub. L. 104-294, Sec. 601(k)(1), (2). See 1996 Amendment notes
below.
Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(12)(B), made technical
correction to directory language of Pub. L. 107-273, Sec.
115(a)(8)(B)(ii). See 1997 Amendment note below.
2000 - Subsec. (a)(9). Pub. L. 106-546 added par. (9).
1997 - Subsec. (a). Pub. L. 105-119, Sec. 115(a)(8)(B)(i), as
amended by Pub. L. 107-273, Sec. 4002(e)(12)(A), struck out at end
''The results of a drug test administered in accordance with
paragraph (4) shall be subject to confirmation only if the results
are positive, the defendant is subject to possible imprisonment for
such failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of the
test. A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 3565(b), when considering any action against a defendant
who fails a drug test administered in accordance with paragraph
(4).'' and inserted these provisions at the end of this section.
Subsec. (a)(6), (7). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(I),
made technical amendment to place pars. (6) and (7) in numerical
order immediately after par. (5).
Subsec. (a)(8). Pub. L. 105-119, Sec. 115(a)(8)(B)(iii)(II)-
(IV), added par. (8).
Subsec. (e). Pub. L. 105-119, Sec. 115(a)(8)(B)(ii), as amended
by Pub. L. 107-273, Sec. 4002(e)(12)(B), designated provisions
which were struck out from the concluding provisions of subsec. (a)
and inserted at the end of this section by Pub. L. 105-119, Sec.
115(a)(8)(B)(i), as amended, as subsec. (e), inserted subsec.
heading, and substituted ''subsection (a)(5)'' for ''paragraph
(4)'' in two places.
1996 - Subsec. (a)(3). Pub. L. 104-294, Sec. 601(k)(2)(A), which
could not be executed due to prior amendment by Pub. L. 104-132,
Sec. 203(1)(A), was repealed by Pub. L. 107-273, Sec. 4002(c)(1).
See below.
Pub. L. 104-132, Sec. 203(1)(A), struck out ''and'' at end of
par. (3).
Subsec. (a)(4), (5). Pub. L. 104-294, Sec. 601(k)(3), transferred
pars. (4) and (5) to appear in numerical order.
Pub. L. 104-294, Sec. 601(k)(1), (2)(B), which could not be
executed due to prior amendment by Pub. L. 104-132, Sec.
203(1)(B)-(D), was repealed by Pub. L. 107-273, Sec. 4002(c)(1).
See below.
Pub. L. 104-132, Sec. 203(1)(B)-(D), redesignated second par.
(4), relating to conditions of probation concerning drug use and
testing, as (5), and substituted semicolon for period at end of
pars. (4) and (5).
Subsec. (a)(6), (7). Pub. L. 104-132, Sec. 203(1)(E), added pars.
(6) and (7).
Subsec. (b)(2). Pub. L. 104-132, Sec. 203(2)(C), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''make
restitution to a victim of the offense under sections 3663 and 3664
(but not subject to the limitations of section 3663(a));''.
Pub. L. 104-132, Sec. 203(2)(A), (B), redesignated par. (3) as
(2) and struck out former par. (2) which read as follows: ''pay a
fine imposed pursuant to the provisions of subchapter C;''.
Subsec. (b)(3) to (20). Pub. L. 104-132, Sec. 203(2)(B),
redesignated pars. (4) to (21) as (3) to (20), respectively.
Former par. (3) redesignated (2).
Subsec. (b)(21). Pub. L. 104-208, Sec. 374(b), added par. (21).
Former par. (21) redesignated (22).
Pub. L. 104-208, Sec. 308(g)(10)(E), substituted ''238(d)(5)''
for ''242A(d)(5)''.
Pub. L. 104-132, Sec. 203(2)(B), redesignated par. (22) as (21).
Former par. (21) redesignated (20).
Subsec. (b)(22). Pub. L. 104-208, Sec. 374(b), redesignated par.
(21) as (22).
Pub. L. 104-132, Sec. 203(b)(2), redesignated par. (22) as (21).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 20414(b)(4), inserted
at end of concluding provisions ''The results of a drug test
administered in accordance with paragraph (4) shall be subject to
confirmation only if the results are positive, the defendant is
subject to possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is some other
reason to question the results of the test. A defendant who tests
positive may be detained pending verification of a positive drug
test result. A drug test confirmation shall be a urine drug test
confirmed using gas chromatography/mass spectrometry techniques or
such test as the Director of the Administrative Office of the
United States Courts after consultation with the Secretary of
Health and Human Services may determine to be of equivalent
accuracy. The court shall consider whether the availability of
appropriate substance abuse treatment programs, or an individual's
current or past participation in such programs, warrants an
exception in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering any
action against a defendant who fails a drug test administered in
accordance with paragraph (4).''
Subsec. (a)(2). Pub. L. 103-322, Sec. 20414(b)(1), 320921(b)(1),
amended par. (2) identically, striking out ''and'' at end.
Subsec. (a)(3). Pub. L. 103-322, Sec. 280002, substituted
''unlawfully possess a controlled substance'' for ''possess illegal
controlled substances''.
Pub. L. 103-322, Sec. 20414(b)(2), 320921(b)(2), amended par. (3)
identically, substituting ''; and'' for period at end.
Subsec. (a)(4). Pub. L. 103-322, Sec. 320921(b)(3), added par.
(4) relating to attendance at a rehabilitation program in the case
of conviction of a domestic violence crime.
Pub. L. 103-322, Sec. 20414(b)(3), added at end of subsec. (a)
par. (4) relating to conditions of probation concerning drug use
and testing.
1992 - Subsec. (b)(21), (22). Pub. L. 102-521 added par. (21) and
redesignated former par. (21) as (22).
1990 - Subsec. (a). Pub. L. 101-647, Sec. 3584(1), substituted
''defendant'' for ''defendent'' in last sentence.
Subsec. (b)(3). Pub. L. 101-647, Sec. 3584(2), substituted
''under sections 3663 and 3664'' for ''pursuant to the provisions
of section 3663 and 3664'' and ''section 3663(a)'' for ''3663(a)''.
1988 - Subsec. (a)(2). Pub. L. 100-690, Sec. 7086, inserted '',
unless the court finds on the record that extraordinary
circumstances exist that would make such a condition plainly
unreasonable, in which event the court shall impose one or more of
the other conditions set forth under subsection (b)''.
Subsec. (a)(3). Pub. L. 100-690, Sec. 7303(a)(1), added par. (3).
Subsec. (b)(3). Pub. L. 100-690, Sec. 7110, substituted ''3663
and 3664 (but not subject to the limitations of 3663(a))'' for
''3556''.
Subsec. (b)(20), (21). Pub. L. 100-690, Sec. 7305(a), added par.
(20) and redesignated former par. (20) as (21).
1987 - Subsec. (b)(12). Pub. L. 100-182, Sec. 18, inserted
''(including a facility maintained or under contract to the Bureau
of Prisons)'' after ''facility''.
Subsec. (c). Pub. L. 100-182, Sec. 10, struck out comma after
''The court may'' and substituted ''the modification of probation
and'' for ''revocation or modification of probation''.
1986 - Subsec. (b)(11). Pub. L. 99-646, Sec. 11(a), struck out
''in section 3581(b)'' after ''the offense''.
Subsec. (c). Pub. L. 99-646, Sec. 12(a), struck out '', after a
hearing'' after ''court may'' and inserted ''the provisions of the
Federal Rules of Criminal Procedure relating to revocation or
modification of probation'' after ''pursuant to''.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,
2002, 116 Stat. 1808, provided that the amendment made by section
4002(c)(1) is effective Oct. 11, 1996.
Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(12), Nov. 2,
2002, 116 Stat. 1811, provided that the amendment made by section
4002(e)(12) is effective Nov. 26, 1997.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,
1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note
under section 14071 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 308(g)(10)(E) of Pub. L. 104-208 effective,
with certain transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30, 1996, see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of Title 8, Aliens and Nationality.
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 1988 AMENDMENT
Section 7303(d) of Pub. L. 100-690 provided that: ''The
amendments made by this section (amending this section and sections
3565, 3583, 4209, and 4214 of this title) shall apply with respect
to persons whose probation, supervised release, or parole begins
after December 31, 1988.''
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 11(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 3563(b)(11) (Nov. 1,
1987).''
Section 12(c)(1) of Pub. L. 99-646 provided that: ''The
amendments made by subsection (a) (amending this section) shall
take effect on the date of the taking effect of such section
3563(c) (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 3565, 3583, 3608, 3742,
5037 of this title; title 28 section 994.
-CITE-
18 USC Sec. 3564 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
-HEAD-
Sec. 3564. Running of a term of probation
-STATUTE-
(a) Commencement. - A term of probation commences on the day that
the sentence of probation is imposed, unless otherwise ordered by
the court.
(b) Concurrence With Other Sentences. - Multiple terms of
probation, whether imposed at the same time or at different times,
run concurrently with each other. A term of probation runs
concurrently with any Federal, State, or local term of probation,
supervised release, or parole for another offense to which the
defendant is subject or becomes subject during the term of
probation. A term of probation does not run while the defendant is
imprisoned in connection with a conviction for a Federal, State, or
local crime unless the imprisonment is for a period of less than
thirty consecutive days.
(c) Early Termination. - The court, after considering the factors
set forth in section 3553(a) to the extent that they are
applicable, may, pursuant to the provisions of the Federal Rules of
Criminal Procedure relating to the modification of probation,
terminate a term of probation previously ordered and discharge the
defendant at any time in the case of a misdemeanor or an infraction
or at any time after the expiration of one year of probation in the
case of a felony, if it is satisfied that such action is warranted
by the conduct of the defendant and the interest of justice.
(d) Extension. - The court may, after a hearing, extend a term of
probation, if less than the maximum authorized term was previously
imposed, at any time prior to the expiration or termination of the
term of probation, pursuant to the provisions applicable to the
initial setting of the term of probation.
(e) Subject to Revocation. - A sentence of probation remains
conditional and subject to revocation until its expiration or
termination.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1994; amended Pub. L. 99-646, Sec. 13(a), Nov. 10, 1986, 100
Stat. 3594; Pub. L. 100-182, Sec. 11, Dec. 7, 1987, 101 Stat.
1268.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsec.
(c), are set out in the Appendix to this title.
-MISC2-
PRIOR PROVISIONS
For a prior section 3564, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
1987 - Subsec. (c). Pub. L. 100-182 inserted '', pursuant to the
provisions of the Federal Rules of Criminal Procedure relating to
the modification of probation,'' after ''may''.
1986 - Subsec. (b). Pub. L. 99-646 substituted provision that the
term of probation does not run while the defendant is imprisoned in
connection with a conviction for a Federal, State, or local crime
unless the imprisonment is for a period of less than thirty
consecutive days, for provision that the term of probation does not
run during any period in which the defendant is imprisoned for a
period of at least thirty consecutive days in connection with a
conviction for a Federal, State, or local crime.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 13(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 such section 3564 (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 3562, 5037 of this title;
title 28 section 994.
-CITE-
18 USC Sec. 3565 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
-HEAD-
Sec. 3565. Revocation of probation
-STATUTE-
(a) Continuation or Revocation. - If the defendant violates a
condition of probation at any time prior to the expiration or
termination of the term of probation, the court may, after a
hearing pursuant to Rule 32.1 of the Federal Rules of Criminal
Procedure, and after considering the factors set forth in section
3553(a) to the extent that they are applicable -
(1) continue him on probation, with or without extending the
term or modifying or enlarging the conditions; or
(2) revoke the sentence of probation and resentence the
defendant under subchapter A.
(b) Mandatory Revocation for Possession of Controlled Substance
or Firearm or Refusal To Comply With Drug Testing. - If the
defendant -
(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
(2) possesses a firearm, as such term is defined in section 921
of this title, in violation of Federal law, or otherwise violates
a condition of probation prohibiting the defendant from
possessing a firearm;
(3) refuses to comply with drug testing, thereby violating the
condition imposed by section 3563(a)(4); (FOOTNOTE 1) or
(FOOTNOTE 1) See References in Text note below.
(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;
the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.
(c) Delayed Revocation. - The power of the court to revoke a
sentence of probation for violation of a condition of probation,
and to impose another sentence, extends beyond the expiration of
the term of probation for any period reasonably necessary for the
adjudication of matters arising before its expiration if, prior to
its expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1995; amended Pub. L. 100-690, title VI, Sec. 6214, title
VII, Sec. 7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L.
101-647, title XXXV, Sec. 3585, Nov. 29, 1990, 104 Stat. 4930; Pub.
L. 103-322, title XI, Sec. 110506, Sept. 13, 1994, 108 Stat. 2017;
Pub. L. 107-273, div. B, title II, Sec. 2103(a), Nov. 2, 2002, 116
Stat. 1793.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsec.
(a), are set out in the Appendix to this title.
Section 3563(a)(4), referred to in subsec. (b)(3), probably means
the par. (4) of section 3563(a) added by section 20414(b)(3) of
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.
-MISC2-
PRIOR PROVISIONS
For a prior section 3565, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
2002 - Subsec. (b)(4). Pub. L. 107-273 added par. (4).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 110506(a)(2), struck
out concluding sentence which read as follows: ''Notwithstanding
any other provision of this section, if a defendant is found by the
court to be in possession of a controlled substance, thereby
violating the condition imposed by section 3563(a)(3), the court
shall revoke the sentence of probation and sentence the defendant
to not less than one-third of the original sentence.''
Subsec. (a)(2). Pub. L. 103-322, Sec. 110506(a)(1), substituted
''resentence the defendant under subchapter A'' for ''impose any
other sentence that was available under subchapter A at the time of
the initial sentencing''.
Subsec. (b). Pub. L. 103-322, Sec. 110506(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
''(b) Mandatory Revocation for Possession of a Firearm. - If the
defendant is in actual possession of a firearm, as that term is
defined in section 921 of this title, at any time prior to the
expiration or termination of the term of probation, the court
shall, after a hearing pursuant to Rule 32.1 of the Federal Rules
of Criminal Procedure, revoke the sentence of probation and impose
any other sentence that was available under subchapter A at the
time of the initial sentencing.''
1990 - Subsec. (a)(1). Pub. L. 101-647 substituted ''or
modifying'' for ''of modifying''.
1988 - Subsec. (a). Pub. L. 100-690, Sec. 7303(a)(2), inserted at
end ''Notwithstanding any other provision of this section, if a
defendant is found by the court to be in possession of a controlled
substance, thereby violating the condition imposed by section
3563(a)(3), the court shall revoke the sentence of probation and
sentence the defendant to not less than one-third of the original
sentence.''
Subsecs. (b), (c). Pub. L. 100-690, Sec. 6214, added subsec. (b)
and redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 7303(a)(2) of Pub. L. 100-690 applicable
with respect to persons whose probation, supervised release, or
parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L.
100-690, set out as a note under section 3563 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 3562, 3563, 3607, 3613A,
3664, 4104, 5037 of this title; title 28 section 994.
-CITE-
18 USC Sec. 3566 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION
-HEAD-
Sec. 3566. Implementation of a sentence of probation
-STATUTE-
The implementation of a sentence of probation is governed by the
provisions of subchapter A of chapter 229.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1995.)
-MISC1-
PRIOR PROVISIONS
For prior sections 3566 to 3570, applicable to offenses committed
prior to Nov. 1, 1987, see note set out preceding section 3551 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 - FINES 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER C - FINES
.
-HEAD-
SUBCHAPTER C - FINES
-MISC1-
SUBCHAPTER C - FINES (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should not appear.
Sec.
3571. Sentence of fine.
3572. Imposition of a sentence of fine and related matters.
3573. Petition of the Government for modification or remission.
3574. Implementation of a sentence of fine.
AMENDMENTS
1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(3), Sept. 13,
1994, 108 Stat. 2143, transferred analysis for this subchapter to
follow heading for this subchapter.
1990 - Pub. L. 101-647, title XXXV, Sec. 3586(1), Nov. 29, 1990,
104 Stat. 4930, as amended, effective as of the date on which
section 3586(1) of Pub. L. 101-647 took effect, by Pub. L. 103-322,
title XXXIII, Sec. 330011(n), Sept. 13, 1994, 108 Stat. 2145,
substituted ''sentence of fine and related matters'' for ''sentence
of fine'' in item 3572.
Pub. L. 101-647, title XXXV, Sec. 3586(2), Nov. 29, 1990, 104
Stat. 4930, substituted ''remission'' for ''revision'' in item
3573.
1987 - Pub. L. 100-185, Sec. 8(b), Dec. 11, 1987, 101 Stat. 1282,
substituted ''Petition of the Government for modification or
revision'' for ''Modification or remission of fine'' in item 3573.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 3551, 3613, 3663, 3664
of this title; title 43 section 373b.
-CITE-
18 USC Sec. 3571 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER C - FINES
-HEAD-
Sec. 3571. Sentence of fine
-STATUTE-
(a) In General. - A defendant who has been found guilty of an
offense may be sentenced to pay a fine.
(b) Fines for Individuals. - Except as provided in subsection (e)
of this section, an individual who has been found guilty of an
offense may be fined not more than the greatest of -
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than
$250,000;
(5) for a Class A misdemeanor that does not result in death,
not more than $100,000;
(6) for a Class B or C misdemeanor that does not result in
death, not more than $5,000; or
(7) for an infraction, not more than $5,000.
(c) Fines for Organizations. - Except as provided in subsection
(e) of this section, an organization that has been found guilty of
an offense may be fined not more than the greatest of -
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than
$500,000;
(5) for a Class A misdemeanor that does not result in death,
not more than $200,000;
(6) for a Class B or C misdemeanor that does not result in
death, not more than $10,000; and
(7) for an infraction, not more than $10,000.
(d) Alternative Fine Based on Gain or Loss. - If any person
derives pecuniary gain from the offense, or if the offense results
in pecuniary loss to a person other than the defendant, the
defendant may be fined not more than the greater of twice the gross
gain or twice the gross loss, unless imposition of a fine under
this subsection would unduly complicate or prolong the sentencing
process.
(e) Special Rule for Lower Fine Specified in Substantive
Provision. - If a law setting forth an offense specifies no fine or
a fine that is lower than the fine otherwise applicable under this
section and such law, by specific reference, exempts the offense
from the applicability of the fine otherwise applicable under this
section, the defendant may not be fined more than the amount
specified in the law setting forth the offense.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1995; amended Pub. L. 100-185, Sec. 6, Dec. 11, 1987, 101
Stat. 1280.)
-MISC1-
PRIOR PROVISIONS
For a prior section 3571, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
1987 - Pub. L. 100-185 amended section generally, revising and
restating as subsecs. (a) to (e) provisions formerly contained in
subsecs. (a) and (b).
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section
235(a)(1) of 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 3, 19, 248, 373, 1031 of
this title; title 13 section 305; title 15 section 6823; title 20
sections 9573, 9622; title 28 section 636; title 31 section 5324;
title 42 sections 2273, 7412; title 49 section 11908.
-CITE-
18 USC Sec. 3572 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER C - FINES
-HEAD-
Sec. 3572. Imposition of a sentence of fine and related matters
-STATUTE-
(a) Factors To Be Considered. - In determining whether to impose
a fine, and the amount, time for payment, and method of payment of
a fine, the court shall consider, in addition to the factors set
forth in section 3553(a) -
(1) the defendant's income, earning capacity, and financial
resources;
(2) the burden that the fine will impose upon the defendant,
any person who is financially dependent on the defendant, or any
other person (including a government) that would be responsible
for the welfare of any person financially dependent on the
defendant, relative to the burden that alternative punishments
would impose;
(3) any pecuniary loss inflicted upon others as a result of the
offense;
(4) whether restitution is ordered or made and the amount of
such restitution;
(5) the need to deprive the defendant of illegally obtained
gains from the offense;
(6) the expected costs to the government of any imprisonment,
supervised release, or probation component of the sentence;
(7) whether the defendant can pass on to consumers or other
persons the expense of the fine; and
(8) if the defendant is an organization, the size of the
organization and any measure taken by the organization to
discipline any officer, director, employee, or agent of the
organization responsible for the offense and to prevent a
recurrence of such an offense.
(b) Fine Not to Impair Ability to Make Restitution. - If, as a
result of a conviction, the defendant has the obligation to make
restitution to a victim of the offense, other than the United
States, the court shall impose a fine or other monetary penalty
only to the extent that such fine or penalty will not impair the
ability of the defendant to make restitution.
(c) Effect of Finality of Judgment. - Notwithstanding the fact
that a sentence to pay a fine can subsequently be -
(1) modified or remitted under section 3573;
(2) corrected under rule 35 of the Federal Rules of Criminal
Procedure and section 3742; or
(3) appealed and modified under section 3742;
a judgment that includes such a sentence is a final judgment for
all other purposes.
(d) Time, Method of Payment, and Related Items. - (1) A person
sentenced to pay a fine or other monetary penalty, including
restitution, shall make such payment immediately, unless, in the
interest of justice, the court provides for payment on a date
certain or in installments. If the court provides for payment in
installments, the installments shall be in equal monthly payments
over the period provided by the court, unless the court establishes
another schedule.
(2) If the judgment, or, in the case of a restitution order, the
order, permits other than immediate payment, the length of time
over which scheduled payments will be made shall be set by the
court, but shall be the shortest time in which full payment can
reasonably be made.
(3) A judgment for a fine which permits payments in installments
shall include a requirement that the defendant will notify the
court of any material change in the defendant's economic
circumstances that might affect the defendant's ability to pay the
fine. Upon receipt of such notice the court may, on its own motion
or the motion of any party, adjust the payment schedule, or require
immediate payment in full, as the interests of justice require.
(e) Alternative Sentence Precluded. - At the time a defendant is
sentenced to pay a fine, the court may not impose an alternative
sentence to be carried out if the fine is not paid.
(f) Responsibility for Payment of Monetary Obligation Relating to
Organization. - If a sentence includes a fine, special assessment,
restitution or other monetary obligation (including interest) with
respect to an organization, each individual authorized to make
disbursements for the organization has a duty to pay the obligation
from assets of the organization. If such an obligation is imposed
on a director, officer, shareholder, employee, or agent of an
organization, payments may not be made, directly or indirectly,
from assets of the organization, unless the court finds that such
payment is expressly permissible under applicable State law.
(g) Security for Stayed Fine. - If a sentence imposing a fine is
stayed, the court shall, absent exceptional circumstances (as
determined by the court) -
(1) require the defendant to deposit, in the registry of the
district court, any amount of the fine that is due;
(2) require the defendant to provide a bond or other security
to ensure payment of the fine; or
(3) restrain the defendant from transferring or dissipating
assets.
(h) Delinquency. - A fine or payment of restitution is delinquent
if a payment is more than 30 days late.
(i) Default. - A fine or payment of restitution is in default if
a payment is delinquent for more than 90 days. Notwithstanding any
installment schedule, when a fine or payment of restitution is in
default, the entire amount of the fine or restitution is due within
30 days after notification of the default, subject to the
provisions of section 3613A.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1995; amended Pub. L. 100-185, Sec. 7, Dec. 11, 1987, 101
Stat. 1280; Pub. L. 101-647, title XXXV, Sec. 3587, Nov. 29, 1990,
104 Stat. 4930; Pub. L. 103-322, title II, Sec. 20403(a), Sept. 13,
1994, 108 Stat. 1825; Pub. L. 104-132, title II, Sec. 207(b), Apr.
24, 1996, 110 Stat. 1236.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsec.
(c)(2), are set out in the Appendix to this title.
-MISC2-
PRIOR PROVISIONS
For a prior section 3572, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-132, Sec. 207(b)(1), inserted
''other than the United States,'' after ''offense,''.
Subsec. (d). Pub. L. 104-132, Sec. 207(b)(2)(A), (B), substituted
''(1) A person sentenced to pay a fine or other monetary penalty,
including restitution,'' for ''A person sentenced to pay a fine or
other monetary penalty'' and struck out at end ''If the judgment
permits other than immediate payment, the period provided for shall
not exceed five years, excluding any period served by the defendant
as imprisonment for the offense.''
Subsec. (d)(2), (3). Pub. L. 104-132, Sec. 207(b)(2)(C), added
pars. (2) and (3).
Subsec. (f). Pub. L. 104-132, Sec. 207(b)(3), inserted
''restitution'' after ''special assessment,''.
Subsec. (h). Pub. L. 104-132, Sec. 207(b)(4), inserted ''or
payment of restitution'' after ''A fine''.
Subsec. (i). Pub. L. 104-132, Sec. 207(b)(5), inserted ''or
payment of restitution'' after ''A fine'' in first sentence and
amended second sentence generally. Prior to amendment, second
sentence read as follows: ''When a fine is in default, the entire
amount of the fine is due within 30 days after notification of the
default, notwithstanding any installment schedule.''
1994 - Subsec. (a)(6) to (8). Pub. L. 103-322 added par. (6) and
redesignated former pars. (6) and (7) as (7) and (8), respectively.
1990 - Subsec. (c)(2). Pub. L. 101-647 inserted ''of the Federal
Rules of Criminal Procedure'' after ''rule 35''.
1987 - Pub. L. 100-185 inserted ''and related matters'' in
section catchline and amended text generally, revising and
restating as subsecs. (a) to (i) provisions formerly contained in
subsecs. (a) to (j).
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 1031, 3612, 3664 of this
title; title 28 section 994.
-CITE-
18 USC Sec. 3573 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER C - FINES
-HEAD-
Sec. 3573. Petition of the Government for modification or remission
-STATUTE-
Upon petition of the Government showing that reasonable efforts
to collect a fine or assessment are not likely to be effective, the
court may, in the interest of justice -
(1) remit all or part of the unpaid portion of the fine or
special assessment, including interest and penalties;
(2) defer payment of the fine or special assessment to a date
certain or pursuant to an installment schedule; or
(3) extend a date certain or an installment schedule previously
ordered.
A petition under this subsection shall be filed in the court in
which sentence was originally imposed, unless the court transfers
jurisdiction to another court. This section shall apply to all
fines and assessments irrespective of the date of imposition.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1997; amended Pub. L. 100-185, Sec. 8(a), Dec. 11, 1987, 101
Stat. 1282; Pub. L. 100-690, title VII, Sec. 7082(a), Nov. 18,
1988, 102 Stat. 4407.)
-MISC1-
PRIOR PROVISIONS
For a prior section 3573, applicable to offenses committed prior
to Nov. 1, 1987, see note set out preceding section 3551 of this
title.
AMENDMENTS
1988 - Pub. L. 100-690 inserted at end ''This section shall apply
to all fines and assessments irrespective of the date of
imposition.''
1987 - Pub. L. 100-185 substituted ''Petition of the Government
for modification or remission'' for ''Modification or remission of
fine'' in section catchline and amended text generally, revising
and restating as a single paragraph with three numbered clauses
provisions formerly contained in subsecs. (a) and (b).
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section
235(a)(1) of 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 section 3572 of this title; title
28 section 994.
-CITE-
18 USC Sec. 3574 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER C - FINES
-HEAD-
Sec. 3574. Implementation of a sentence of fine
-STATUTE-
The implementation of a sentence to pay a fine is governed by the
provisions of subchapter B of chapter 229.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1997.)
-MISC1-
PRIOR PROVISIONS
For prior sections 3574 to 3580, applicable to offenses committed
prior to Nov. 1, 1987, see note set out preceding section 3551 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 D - IMPRISONMENT 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
.
-HEAD-
SUBCHAPTER D - IMPRISONMENT
-MISC1-
SUBCHAPTER D - IMPRISONMENT (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should not appear.
Sec.
3581. Sentence of imprisonment.
3582. Imposition of a sentence of imprisonment.
3583. Inclusion of a term of supervised release after imprisonment.
3584. Multiple sentences of imprisonment.
3585. Calculation of a term of imprisonment.
3586. Implementation of a sentence of imprisonment.
AMENDMENTS
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 3551, 3605, 3621 of
this title.
-CITE-
18 USC Sec. 3581 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3581. Sentence of imprisonment
-STATUTE-
(a) In General. - A defendant who has been found guilty of an
offense may be sentenced to a term of imprisonment.
(b) Authorized Terms. - The authorized terms of imprisonment are
-
(1) for a Class A felony, the duration of the defendant's life
or any period of time;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twelve years;
(4) for a Class D felony, not more than six years;
(5) for a Class E felony, not more than three years;
(6) for a Class A misdemeanor, not more than one year;
(7) for a Class B misdemeanor, not more than six months;
(8) for a Class C misdemeanor, not more than thirty days; and
(9) for an infraction, not more than five days.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1998.)
-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 sections 3552, 5037 of this title;
title 16 section 460n-8; title 28 section 636.
-CITE-
18 USC Sec. 3582 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3582. Imposition of a sentence of imprisonment
-STATUTE-
(a) Factors To Be Considered in Imposing a Term of Imprisonment.
- The court, in determining whether to impose a term of
imprisonment, and, if a term of imprisonment is to be imposed, in
determining the length of the term, shall consider the factors set
forth in section 3553(a) to the extent that they are applicable,
recognizing that imprisonment is not an appropriate means of
promoting correction and rehabilitation. In determining whether to
make a recommendation concerning the type of prison facility
appropriate for the defendant, the court shall consider any
pertinent policy statements issued by the Sentencing Commission
pursuant to 28 U.S.C. 994(a)(2).
(b) Effect of Finality of Judgment. - Notwithstanding the fact
that a sentence to imprisonment can subsequently be -
(1) modified pursuant to the provisions of subsection (c);
(2) corrected pursuant to the provisions of rule 35 of the
Federal Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range,
pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes
a final judgment for all other purposes.
(c) Modification of an Imposed Term of Imprisonment. - The court
may not modify a term of imprisonment once it has been imposed
except that -
(1) in any case -
(A) the court, upon motion of the Director of the Bureau of
Prisons, may reduce the term of imprisonment (and may impose a
term of probation or supervised release with or without
conditions that does not exceed the unserved portion of the
original term of imprisonment), after considering the factors
set forth in section 3553(a) to the extent that they are
applicable, if it finds that -
(i) extraordinary and compelling reasons warrant such a
reduction; or
(ii) the defendant is at least 70 years of age, has served
at least 30 years in prison, pursuant to a sentence imposed
under section 3559(c), for the offense or offenses for which
the defendant is currently imprisoned, and a determination
has been made by the Director of the Bureau of Prisons that
the defendant is not a danger to the safety of any other
person or the community, as provided under section 3142(g);
and that such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission; and
(B) the court may modify an imposed term of imprisonment to
the extent otherwise expressly permitted by statute or by Rule
35 of the Federal Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced to a term
of imprisonment based on a sentencing range that has subsequently
been lowered by the Sentencing Commission pursuant to 28 U.S.C.
994(o), upon motion of the defendant or the Director of the
Bureau of Prisons, or on its own motion, the court may reduce the
term of imprisonment, after considering the factors set forth in
section 3553(a) to the extent that they are applicable, if such a
reduction is consistent with applicable policy statements issued
by the Sentencing Commission.
(d) Inclusion of an Order To Limit Criminal Association of
Organized Crime and Drug Offenders. - The court, in imposing a
sentence to a term of imprisonment upon a defendant convicted of a
felony set forth in chapter 95 (racketeering) or 96 (racketeer
influenced and corrupt organizations) of this title or in the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 801 et seq.), or at any time thereafter upon motion by the
Director of the Bureau of Prisons or a United States attorney, may
include as a part of the sentence an order that requires that the
defendant not associate or communicate with a specified person,
other than his attorney, upon a showing of probable cause to
believe that association or communication with such person is for
the purpose of enabling the defendant to control, manage, direct,
finance, or otherwise participate in an illegal enterprise.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1998; amended Pub. L. 100-690, title VII, Sec. 7107, Nov. 18,
1988, 102 Stat. 4418; Pub. L. 101-647, title XXXV, Sec. 3588, Nov.
29, 1990, 104 Stat. 4930; Pub. L. 103-322, title VII, Sec. 70002,
Sept. 13, 1994, 108 Stat. 1984; Pub. L. 104-294, title VI, Sec.
604(b)(3), Oct. 11, 1996, 110 Stat. 3506; Pub. L. 107-273, div. B,
title III, Sec. 3006, Nov. 2, 2002, 116 Stat. 1806.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(2), are set out in the Appendix to this title.
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in subsec. (d), is Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1236, as amended, which is classified principally to chapter
13 (Sec. 801 et seq.) of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
-MISC2-
AMENDMENTS
2002 - Subsec. (c)(1)(A). Pub. L. 107-273 inserted ''(and may
impose a term of probation or supervised release with or without
conditions that does not exceed the unserved portion of the
original term of imprisonment)'' after ''may reduce the term of
imprisonment'' in introductory provisions.
1996 - Subsec. (c)(1)(A)(i). Pub. L. 104-294 inserted ''or''
after semicolon at end.
1994 - Subsec. (c)(1)(A). Pub. L. 103-322, inserted a dash after
''if it finds that'', designated ''extraordinary and compelling
reasons warrant such a reduction'' as cl. (i), inserted a semicolon
at end of cl. (i), realigned margins accordingly, and added cl.
(ii) before concluding provisions.
1990 - Subsec. (b)(2). Pub. L. 101-647 inserted ''of the Federal
Rules of Criminal Procedure'' after ''rule 35''.
1988 - Subsec. (c)(2). Pub. L. 100-690 substituted ''994(o)'' for
''994(n)''.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 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 title 28 section 994.
-CITE-
18 USC Sec. 3583 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3583. Inclusion of a term of supervised release after
imprisonment
-STATUTE-
(a) In General. - The court, in imposing a sentence to a term of
imprisonment for a felony or a misdemeanor, may include as a part
of the sentence a requirement that the defendant be placed on a
term of supervised release after imprisonment, except that the
court shall include as a part of the sentence a requirement that
the defendant be placed on a term of supervised release if such a
term is required by statute or if the defendant has been convicted
for the first time of a domestic violence crime as defined in
section 3561(b).
(b) Authorized Terms of Supervised Release. - Except as otherwise
provided, the authorized terms of supervised release are -
(1) for a Class A or Class B felony, not more than five years;
(2) for a Class C or Class D felony, not more than three years;
and
(3) for a Class E felony, or for a misdemeanor (other than a
petty offense), not more than one year.
(c) Factors To Be Considered in Including a Term of Supervised
Release. - The court, in determining whether to include a term of
supervised release, and, if a term of supervised release is to be
included, in determining the length of the term and the conditions
of supervised release, shall consider the factors set forth in
section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4),
(a)(5), (a)(6), and (a)(7).
(d) Conditions of Supervised Release. - The court shall order, as
an explicit condition of supervised release, that the defendant not
commit another Federal, State, or local crime during the term of
supervision and that the defendant not unlawfully possess a
controlled substance. The court shall order as an explicit
condition of supervised release for a defendant convicted for the
first time of a domestic violence crime as defined in section
3561(b) that the defendant attend a public, private, or private
nonprofit offender rehabilitation program that has been approved by
the court, in consultation with a State Coalition Against Domestic
Violence or other appropriate experts, if an approved program is
readily available within a 50-mile radius of the legal residence of
the defendant. The court shall order, as an explicit condition of
supervised release for a person described in section 4042(c)(4),
that the person report the address where the person will reside and
any subsequent change of residence to the probation officer
responsible for supervision, and that the person register in any
State where the person resides, is employed, carries on a vocation,
or is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law Enforcement Act
of 1994). The court shall order, as an explicit condition of
supervised release, that the defendant cooperate in the collection
of a DNA sample from the defendant, if the collection of such a
sample is authorized pursuant to section 3 of the DNA Analysis
Backlog Elimination Act of 2000. The court shall also order, as an
explicit condition of supervised release, that the defendant
refrain from any unlawful use of a controlled substance and submit
to a drug test within 15 days of release on supervised release and
at least 2 periodic drug tests thereafter (as determined by the
court) for use of a controlled substance. The condition stated in
the preceding sentence may be ameliorated or suspended by the court
as provided in section 3563(a)(4). (FOOTNOTE 1) The results of a
drug test administered in accordance with the preceding subsection
shall be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such failure,
and either the defendant denies the accuracy of such test or there
is some other reason to question the results of the test. A drug
test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 3583(g) when considering any action against a defendant
who fails a drug test. The court may order, as a further condition
of supervised release, to the extent that such condition -
(FOOTNOTE 1) See References in Text note below.
(1) is reasonably related to the factors set forth in section
3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);
(2) involves no greater deprivation of liberty than is
reasonably necessary for the purposes set forth in section
3553(a)(2)(B), (a)(2)(C), and (a)(2)(D); and
(3) is consistent with any pertinent policy statements issued
by the Sentencing Commission pursuant to 28 U.S.C. 994(a);
any condition set forth as a discretionary condition of probation
in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20),
(FOOTNOTE 1) and any other condition it considers to be
appropriate. If an alien defendant is subject to deportation, the
court may provide, as a condition of supervised release, that he be
deported and remain outside the United States, and may order that
he be delivered to a duly authorized immigration official for such
deportation.
(e) Modification of Conditions or Revocation. - The court may,
after considering the factors set forth in section 3553(a)(1),
(a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)
-
(1) terminate a term of supervised release and discharge the
defendant released at any time after the expiration of one year
of supervised release, pursuant to the provisions of the Federal
Rules of Criminal Procedure relating to the modification of
probation, if it is satisfied that such action is warranted by
the conduct of the defendant released and the interest of
justice;
(2) extend a term of supervised release if less than the
maximum authorized term was previously imposed, and may modify,
reduce, or enlarge the conditions of supervised release, at any
time prior to the expiration or termination of the term of
supervised release, pursuant to the provisions of the Federal
Rules of Criminal Procedure relating to the modification of
probation and the provisions applicable to the initial setting of
the terms and conditions of post-release supervision;
(3) revoke a term of supervised release, and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for the offense that
resulted in such term of supervised release without credit for
time previously served on postrelease supervision, if the court,
pursuant to the Federal Rules of Criminal Procedure applicable to
revocation of probation or supervised release, finds by a
preponderance of the evidence that the defendant violated a
condition of supervised release, except that a defendant whose
term is revoked under this paragraph may not be required to serve
more than 5 years in prison if the offense that resulted in the
term of supervised release is a class A felony, more than 3 years
in prison if such offense is a class B felony, more than 2 years
in prison if such offense is a class C or D felony, or more than
one year in any other case; or
(4) order the defendant to remain at his place of residence
during nonworking hours and, if the court so directs, to have
compliance monitored by telephone or electronic signaling
devices, except that an order under this paragraph may be imposed
only as an alternative to incarceration.
(f) Written Statement of Conditions. - The court shall direct
that the probation officer provide the defendant with a written
statement that sets forth all the conditions to which the term of
supervised release is subject, and that is sufficiently clear and
specific to serve as a guide for the defendant's conduct and for
such supervision as is required.
(g) Mandatory Revocation for Possession of Controlled Substance
or Firearm or for Refusal To Comply With Drug Testing. - If the
defendant -
(1) possesses a controlled substance in violation of the
condition set forth in subsection (d);
(2) possesses a firearm, as such term is defined in section 921
of this title, in violation of Federal law, or otherwise violates
a condition of supervised release prohibiting the defendant from
possessing a firearm;
(3) refuses to comply with drug testing imposed as a condition
of supervised release; or
(4) as a part of drug testing, tests positive for illegal
controlled substances more than 3 times over the course of 1
year;
the court shall revoke the term of supervised release and require
the defendant to serve a term of imprisonment not to exceed the
maximum term of imprisonment authorized under subsection (e)(3).
(h) Supervised Release Following Revocation. - When a term of
supervised release is revoked and the defendant is required to
serve a term of imprisonment that is less than the maximum term of
imprisonment authorized under subsection (e)(3), the court may
include a requirement that the defendant be placed on a term of
supervised release after imprisonment. The length of such a term
of supervised release shall not exceed the term of supervised
release authorized by statute for the offense that resulted in the
original term of supervised release, less any term of imprisonment
that was imposed upon revocation of supervised release.
(i) Delayed Revocation. - The power of the court to revoke a term
of supervised release for violation of a condition of supervised
release, and to order the defendant to serve a term of imprisonment
and, subject to the limitations in subsection (h), a further term
of supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before
its expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.
(j) Supervised Release Terms for Terrorism Predicates. -
Notwithstanding subsection (b), the authorized term of supervised
release for any offense listed in section 2332b(g)(5)(B), the
commission of which resulted in, or created a foreseeable risk of,
death or serious bodily injury to another person, is any term of
years or life.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1999; amended Pub. L. 99-570, title I, Sec. 1006(a)(1)-(3),
Oct. 27, 1986, 100 Stat. 3207-6; Pub. L. 99-646, Sec. 14(a), Nov.
10, 1986, 100 Stat. 3594; Pub. L. 100-182, Sec. 8, 9, 12, 25, Dec.
7, 1987, 101 Stat. 1267, 1268, 1272; Pub. L. 100-690, title VII,
Sec. 7108, 7303(b), 7305(b), Nov. 18, 1988, 102 Stat. 4418, 4464,
4465; Pub. L. 101-647, title XXXV, Sec. 3589, Nov. 29, 1990, 104
Stat. 4930; Pub. L. 103-322, title II, Sec. 20414(c), title XI,
Sec. 110505, title XXXII, Sec. 320921(c), Sept. 13, 1994, 108 Stat.
1831, 2016, 2130; Pub. L. 105-119, title I, Sec. 115(a)(8)(B)(iv),
Nov. 26, 1997, 111 Stat. 2466; Pub. L. 106-546, Sec. 7(b), Dec. 19,
2000, 114 Stat. 2734; Pub. L. 107-56, title VIII, Sec. 812, Oct.
26, 2001, 115 Stat. 382; Pub. L. 107-273, div. B, title II, Sec.
2103(b), title III, Sec. 3007, Nov. 2, 2002, 116 Stat. 1793, 1806.)
-REFTEXT-
REFERENCES IN TEXT
Section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (d), is classified
to section 14071(a)(3) of Title 42, The Public Health and Welfare.
Section 3 of the DNA Analysis Backlog Elimination Act of 2000,
referred to in subsec. (d), is classified to section 14135a of
Title 42, The Public Health and Welfare.
Section 3563(a)(4), referred to in subsec. (d), probably means
the par. (4) of section 3563(a) added by section 20414(b)(3) of
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.
Section 3563(b), referred to in subsec. (d), was amended by Pub.
L. 104-132, title II, Sec. 203(2)(A), (B), Apr. 24, 1996, 110 Stat.
1227, which struck out par. (2) and redesignated former pars. (3)
to (20) as (2) to (19), respectively.
The Federal Rules of Criminal Procedure, referred to in subsec.
(e)(1), (2), (3), are set out in the Appendix to this title.
-MISC2-
AMENDMENTS
2002 - Subsecs. (c), (e). Pub. L. 107-273, Sec. 3007, substituted
''(a)(6), and (a)(7)'' for ''and (a)(6)''.
Subsec. (g)(4). Pub. L. 107-273, Sec. 2103(b), added par. (4).
2001 - Subsec. (j). Pub. L. 107-56 added subsec. (j).
2000 - Subsec. (d). Pub. L. 106-546 inserted ''The court shall
order, as an explicit condition of supervised release, that the
defendant cooperate in the collection of a DNA sample from the
defendant, if the collection of such a sample is authorized
pursuant to section 3 of the DNA Analysis Backlog Elimination Act
of 2000.'' before ''The court shall also order,''.
1997 - Subsec. (d). Pub. L. 105-119 inserted after second
sentence ''The court shall order, as an explicit condition of
supervised release for a person described in section 4042(c)(4),
that the person report the address where the person will reside and
any subsequent change of residence to the probation officer
responsible for supervision, and that the person register in any
State where the person resides, is employed, carries on a vocation,
or is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law Enforcement Act
of 1994).''
1994 - Subsec. (a). Pub. L. 103-322, Sec. 320921(c)(1), inserted
before period at end ''or if the defendant has been convicted for
the first time of a domestic violence crime as defined in section
3561(b)''.
Subsec. (d). Pub. L. 103-322, Sec. 320921(c)(2), inserted after
first sentence ''The court shall order as an explicit condition of
supervised release for a defendant convicted for the first time of
a domestic violence crime as defined in section 3561(b) that the
defendant attend a public, private, or private nonprofit offender
rehabilitation program that has been approved by the court, in
consultation with a State Coalition Against Domestic Violence or
other appropriate experts, if an approved program is readily
available within a 50-mile radius of the legal residence of the
defendant.''
Pub. L. 103-322, Sec. 20414(c), inserted after first sentence
''The court shall also order, as an explicit condition of
supervised release, that the defendant refrain from any unlawful
use of a controlled substance and submit to a drug test within 15
days of release on supervised release and at least 2 periodic drug
tests thereafter (as determined by the court) for use of a
controlled substance. The condition stated in the preceding
sentence may be ameliorated or suspended by the court as provided
in section 3563(a)(4). The results of a drug test administered in
accordance with the preceding subsection shall be subject to
confirmation only if the results are positive, the defendant is
subject to possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is some other
reason to question the results of the test. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 3583(g) when considering any action against a defendant
who fails a drug test.''
Pub. L. 103-322, Sec. 110505(1), substituted ''unlawfully possess
a controlled substance'' for ''possess illegal controlled
substances'' in first sentence.
Subsec. (e)(1). Pub. L. 103-322, Sec. 110505(2)(A), substituted
''defendant'' for ''person'' in two places.
Subsec. (e)(3). Pub. L. 103-322, Sec. 110505(2)(B), amended par.
(3) generally. Prior to amendment, par. (3) read as follows:
''revoke a term of supervised release, and require the person to
serve in prison all or part of the term of supervised release
without credit for time previously served on postrelease
supervision, if it finds by a preponderance of the evidence that
the person violated a condition of supervised release, pursuant to
the provisions of the Federal Rules of Criminal Procedure that are
applicable to probation revocation and to the provisions of
applicable policy statements issued by the Sentencing Commission,
except that a person whose term is revoked under this paragraph may
not be required to serve more than 3 years in prison if the offense
for which the person was convicted was a Class B felony, or more
than 2 years in prison if the offense was a Class C or D felony;
or''.
Subsec. (e)(4). Pub. L. 103-322, Sec. 110505(2)(A), substituted
''defendant'' for ''person''.
Subsecs. (g) to (i). Pub. L. 103-322, Sec. 110505(3), added
subsecs. (g) to (i) and struck out former subsec. (g) which read as
follows:
''(g) Possession of Controlled Substances. - If the defendant is
found by the court to be in the possession of a controlled
substance, the court shall terminate the term of supervised release
and require the defendant to serve in prison not less than
one-third of the term of supervised release.''
1990 - Subsec. (d)(2). Pub. L. 101-647, Sec. 3589(1), inserted a
comma after ''3553(a)(2)(B)''.
Subsec. (e)(2) to (5). Pub. L. 101-647, Sec. 3589(2)(A)-(C),
struck out ''or'' at end of par. (2), substituted ''; or'' for
period at end of par. (3), and redesignated par. (5) as (4).
1988 - Subsec. (d). Pub. L. 100-690, Sec. 7303(b)(1), inserted
''and that the defendant not possess illegal controlled
substances'' before period at end of first sentence.
Pub. L. 100-690, Sec. 7305(b)(1), substituted ''(b)(20)'' for
''(b)(19)'' in concluding provisions.
Subsec. (d)(1). Pub. L. 100-690, Sec. 7108(a)(1), inserted
''(a)(2)(C),'' after ''(a)(2)(B),''.
Subsec. (d)(2). Pub. L. 100-690, Sec. 7108(a)(2), which directed
that ''(a)(2)(C),'' be inserted after ''(a)(2)(B),'', was executed
by inserting ''(a)(2)(C),'' after ''(a)(2)(B)'' as the probable
intent of Congress, because no comma appeared after ''(a)(2)(B)''.
Subsec. (e). Pub. L. 100-690, Sec. 7108(b)(1), inserted
''(a)(2)(C),'' after ''(a)(2)(B),'' in introductory provisions.
Subsec. (e)(2). Pub. L. 100-690, Sec. 7108(b)(2), inserted ''or''
after ''supervision;''.
Subsec. (e)(3). Pub. L. 100-690, Sec. 7305(b)(2)(A), which
directed amendment of par. (3) by striking ''or'' at the end could
not be executed because of the intervening amendment by Pub. L.
100-690, Sec. 7108(b)(3), (4). See below.
Pub. L. 100-690, Sec. 7108(b)(3), (4), redesignated par. (4) as
(3) and struck out former par. (3) which read as follows: ''treat a
violation of a condition of a term of supervised release as
contempt of court pursuant to section 401(3) of this title; or''.
Subsec. (e)(4). Pub. L. 100-690, Sec. 7305(b)(2)(B), which
directed amendment of par. (4) by striking the period at the end
and inserting ''; or'' could not be executed because subsec. (e)
did not contain a par. (4) after the intervening amendment by Pub.
L. 100-690, Sec. 7108(b)(4). See below.
Pub. L. 100-690, Sec. 7108(b)(4), redesignated par. (4) as (3).
Subsec. (e)(5). Pub. L. 100-690, Sec. 7305(b)(2)(C), added par.
(5).
Subsec. (g). Pub. L. 100-690, Sec. 7303(b)(2), added subsec. (g).
1987 - Subsec. (b)(1). Pub. L. 100-182, Sec. 8(1), substituted
''five years'' for ''three years''.
Subsec. (b)(2). Pub. L. 100-182, Sec. 8(2), substituted ''three
years'' for ''two years''.
Subsec. (b)(3). Pub. L. 100-182, Sec. 8(3), inserted ''(other
than a petty offense)'' after ''misdemeanor''.
Subsec. (c). Pub. L. 100-182, Sec. 9, inserted ''(a)(2)(C),''.
Subsec. (e)(1). Pub. L. 100-182, Sec. 12(1), inserted ''pursuant
to the provisions of the Federal Rules of Criminal Procedure
relating to the modification of probation,''.
Subsec. (e)(2). Pub. L. 100-182, Sec. 12(2), struck out ''after a
hearing,'' before ''extend a term'' and inserted ''the provisions
of the Federal Rules of Criminal Procedure relating to the
modification of probation and'' after ''pursuant to''.
Subsec. (e)(4). Pub. L. 100-182, Sec. 25, inserted '', except
that a person whose term is revoked under this paragraph may not be
required to serve more than 3 years in prison if the offense for
which the person was convicted was a Class B felony, or more than 2
years in prison if the offense was a Class C or D felony'' before
''Commission'' at end.
1986 - Subsec. (a). Pub. L. 99-570, Sec. 1006(a)(1), inserted '',
except that the court shall include as a part of the sentence a
requirement that the defendant be placed on a term of supervised
release if such a term is required by statute''.
Subsec. (b). Pub. L. 99-570, Sec. 1006(a)(2), substituted
''Except as otherwise provided, the'' for ''The''.
Subsec. (e). Pub. L. 99-570, Sec. 1006(a)(3)(A), and Pub. L.
99-646, Sec. 14(a)(1), amended section catchline identically,
substituting ''conditions or revocation'' for ''term or
conditions''.
Subsec. (e)(1). Pub. L. 99-646, Sec. 14(a)(2), struck out
''previously ordered'' before ''and discharge''.
Subsec. (e)(4). Pub. L. 99-570, Sec. 224(a)(3)(B)-(D), added par.
(4).
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,
1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note
under section 14071 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 7303(b) of Pub. L. 100-690 applicable with
respect to persons whose probation, supervised release, or parole
begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690,
set out as a note under section 3563 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 14(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 3583 of title 18, United
States Code (Nov. 1, 1987).''
Section 1006(a)(4) of Pub. L. 99-570 provided that: ''The
amendments made by this subsection (amending this section) shall
take effect on the date of the taking effect of section 3583 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3401, 3601, 4101 of this
title; title 21 sections 841, 960; title 28 section 994.
-CITE-
18 USC Sec. 3584 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3584. Multiple sentences of imprisonment
-STATUTE-
(a) Imposition of Concurrent or Consecutive Terms. - If multiple
terms of imprisonment are imposed on a defendant at the same time,
or if a term of imprisonment is imposed on a defendant who is
already subject to an undischarged term of imprisonment, the terms
may run concurrently or consecutively, except that the terms may
not run consecutively for an attempt and for another offense that
was the sole objective of the attempt. Multiple terms of
imprisonment imposed at the same time run concurrently unless the
court orders or the statute mandates that the terms are to run
consecutively. Multiple terms of imprisonment imposed at different
times run consecutively unless the court orders that the terms are
to run concurrently.
(b) Factors To Be Considered in Imposing Concurrent or
Consecutive Terms. - The court, in determining whether the terms
imposed are to be ordered to run concurrently or consecutively,
shall consider, as to each offense for which a term of imprisonment
is being imposed, the factors set forth in section 3553(a).
(c) Treatment of Multiple Sentence as an Aggregate. - Multiple
terms of imprisonment ordered to run consecutively or concurrently
shall be treated for administrative purposes as a single, aggregate
term of imprisonment.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2000.)
-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. 3585 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3585. Calculation of a term of imprisonment
-STATUTE-
(a) Commencement of Sentence. - A sentence to a term of
imprisonment commences on the date the defendant is received in
custody awaiting transportation to, or arrives voluntarily to
commence service of sentence at, the official detention facility at
which the sentence is to be served.
(b) Credit for Prior Custody. - A defendant shall be given credit
toward the service of a term of imprisonment for any time he has
spent in official detention prior to the date the sentence
commences -
(1) as a result of the offense for which the sentence was
imposed; or
(2) as a result of any other charge for which the defendant was
arrested after the commission of the offense for which the
sentence was imposed;
that has not been credited against another sentence.
-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. 3586 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3586. Implementation of a sentence of imprisonment
-STATUTE-
The implementation of a sentence of imprisonment is governed by
the provisions of subchapter C of chapter 229 and, if the sentence
includes a term of supervised release, by the provisions of
subchapter A of chapter 229.
-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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.