§ 3601. Supervision of probation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 title II § 212(a)(2) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 3601

   (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.)

   Source evidence

   Code source credit
   (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.)

   Enacted provision · exact public law section
   (2) repealing chapters 227, 229, and 231 and substituting the Repeals. 18 USC 3561 et seq., 3611 et seq., 3651 et seq. following new chapters: “CHAPTER 227— SENTENCES “Subchapter “A. General Provisions “B. Probation “C. Fines “D. Imprisonment “subchapter a— general provisions “Sec. “3551. Authorized sentences. “3552. Presentence reports. “3553. Imposition of a sentence. “3554. Order of criminal forfeiture. “3555. Order of notice to victims. “3556. Order of restitution. “3557. Review of a sentence. “3558. Implementation of a sentence. “3559. Sentencing classification of offenses. “SUBCHAPTER A— GENERAL PROVISIONS “§ 3551. Authorized sentences “(a) In General.— Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. “(b) Individuals.— An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— “(1) a term of probation as authorized by subchapter B; “(2) a fine as authorized by subchapter C; or “(3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. “(c) Organizations.— An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— “(1) a term of probation as authorized by subchapter B; or “(2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. “§ 3552. Presentence reports “(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 18 USC app. 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 take 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 Expiration date. study, or by the expiration of any extension granted by the court, the United States marshal shall return the defendant to the court for final sentencing. The Bureau of Prisons or the professional consultants shall provide the court with a written report of the pertinent results of the study and make to the court whatever recommendations the Bureau or the consultants believe will be helpful to a proper resolution of the case. The report shall include recommendations of the Bureau or the consultants concerning the guidelines and policy statements, promulgated by the Sentencing Commission pursuant to 28 U.S.C. 994(a), that they believe are Post, p. 2019. 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, it may order that the defendant undergo a psychiatric or psychological examination and that the court be provided with a written report of the results of the examination pursuant to the provisions of section 4247. “(d) Disclosure of Presentence Reports.— The court shall assure that a report filed pursuant to this section is disclosed to the defendant, the counsel for the defendant, and the attorney for the Government at least ten days prior to the date set for sentencing, unless this minimum period is waived by the defendant. “§ 3553. Imposition of a sentence “(a) Factors To 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 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 Post, p. 2019. U.S.C. 994(a)(1) and that are in effect on the date the defendant is sentenced; “(5) any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date the defendant is sentenced; and “(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. “(h) Application of Guidelines in Imposing a Sentence.— The court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that an aggravating or mitigating circumstance exists that was not adequately taken into consideration by the Sentencing Commission in formulating the guidelines and that should result in a sentence different from that described. “(c) Statement of Reasons for Imposing a Sentence.— The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence— “(1) is of the kind, and within the range, described in subsection (a)(4), the reason for imposing a sentence at a particular point within the range; or “(2) is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for the imposition of a sentence different from that described. If the sentence does not include an order of restitution, the court shall include in the statement the reason therefor. The clerk of the court shall provide a transcription of the court’s statement of reasons to the Probation System, and, if the sentence includes a term of imprisonment, to the Bureau of Prisons. “(d) Presentence Procedure for an Order of Notice or Restitution.— Prior to imposing an order of notice pursuant to section 3555, or an order of restitution pursuant to section 3556, the court shall give notice to the defendant and the Government that it is considering imposing such an order. Upon motion of the defendant or the Government, or on its own motion, the court shall— “(1) permit the defendant and the Government to submit affidavits and written memoranda addressing matters relevant to the imposition of such an order; “(2) afford counsel an opportunity in open court to address orally the appropriateness of the imposition of such an order; and “(3) include in its statement of reasons pursuant to subsection (c) specific reasons underlying its determinations regarding the nature of such an order. Upon motion of the defendant or the Government, or on its own motion, the court may in its discretion employ any additional procedures that it concludes will not unduly complicate or prolong the sentencing process. “§ 3554. Order of criminal forfeiture “The court, in imposing a sentence on a defendant who has been found guilty of an offense described in section 1962 of this title or in title II or in of the Comprehensive Drug Abuse Prevention and 21 USC 801, 951. Control Act of 1970 shall order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defend-ant forfeit property to the United States in accordance with the provisions of section 1963 of this title or section 413 of the Comprehensive Drug Abuse and Control Act of 1970. Post, p. 2044. “§ 3555. Order of notice to victims “The court, in imposing a sentence on a defendant who has been found guilty of an offense involving fraud or other intentionally deceptive practices, may order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant give reasonable notice and explanation of the conviction, in such form as the court may approve, to the victims of the offense. The notice may be ordered to be given by mail, by advertising in designated areas or through designated media, or by other appropriate means. In determining whether to require the defendant to give such notice, the court shall consider the factors set forth in section 3553(a) to the extent that they are applicable and shall consider the cost involved in giving the notice as it relates to the loss caused by the offense, and shall not require the defendant to bear the costs of notice in excess of $20,000. “§ 3556. Order of restitution “The court, in imposing a sentence on a defendant who has been found guilty of an offense under this title, or an offense under section 902 (h), (i), (j), or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence that is imposed 49 USC app. 1472. 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. “§ 3557. Review of a sentence “The review of a sentence imposed pursuant to section 3551 is governed by the provisions of section 3742. Post, p. 2011. “§ 3558. Implementation of a sentence “The implementation of a sentence imposed pursuant to section 3551 is governed by the provisions of chapter 229. Post, p. 2001. “§ 3559. Sentencing classification of offenses “(a) Classification.— An offense that is not specifically classified by a letter grade in the section defining it, is classified— “(1) if the maximum term of imprisonment authorized is— “(A) life imprisonment, or if the maximum penalty is death, as a Class A felony; “(B) twenty years or more, as a Class B felony; “(C) less than twenty years but ten or more years, as a Class C felony; “(D) less than ten years but five or more years, as a Class D felony; “(E) less than five years but more than one year, as a Class E felony; “(F) one year or less but more than six months, as a Class A misdemeanor; “(G) six months or less but more than thirty days, as a Class B misdemeanor; “(H) thirty days or less but more than five days, as a Class C misdemeanor; or “(I) five days or less, or if no imprisonment is authorized, as an infraction. “(b) Effect of Classification.— An offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation except that: “(1) the maximum fine that may be imposed is the fine authorized by the statute describing the offense, or by this chapter, whichever is the greater; and “(2) the maximum term of imprisonment is the term authorized by the statute describing the offense. “subchapter b— probation “Sec. “3561. Sentence of probation. “3562. Imposition of a sentence of probation. “3563. Conditions of probation. “3564. Running of a term of probation. “3565. Revocation of probation. “3566. Implementation of a sentence of probation. “SUBCHAPTER B— PROBATION “§ 3561. Sentence of probation “(a) In General.— A defendant who has been found guilty of an offense may be sentenced to a term of probation unless— “(1) the offense is a Class A or Class B felony; “(2) the offense is an offense for which probation has been expressly precluded; or “(3) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense. The liability of a defendant for any unexecuted fine or other punishment imposed as to which probation is granted shall be folly discharged by the fulfillment of the terms and conditions of probation. “(b) Authorized Terms.— The authorized terms of probation are— “(1) for a felony, not less than one nor more than five years; “(2) for a misdemeanor, not more than five years; and “(3) for an infraction, not more than one year. “§ 3562. Imposition of a sentence of probation “(a) Factors To 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 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. “§ 3563. Conditions of probation “(a) Mandatory Conditions.— The court shall provide, as an explicit condition of a sentence of probation— “(1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation; and “(2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2), (b)(3), or (b)(13). If the court has imposed and ordered execution of a fine and placed the defendent on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation. “(b) Discretionary Conditions.— The court may provide, as further conditions of a sentence of probation, to the extent that such conditions are reasonably related to the factors set forth in section 3553 (a)(1) and (a)(2) and to the extent that such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that the defendant— “(1) support his dependents and meet other family responsibilities; “(2) pay a fine imposed pursuant to the provisions of subchapter C; “(3) make restitution to a victim of the offense pursuant to the provisions of section 3556; “(4) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555; “(5) work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment; “(6) refrain, in the case of an individual, from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances; “(7) refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons; “(8) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner; “(9) refrain from possessing a firearm, destructive device, or other dangerous weapon; “(10) undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, as specified by the court, and remain in a specified institution if required for that purpose; “(11) remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense in section 3581(b), during the first year of the term of probation; “(12) reside at, or participate in the program of, a community corrections facility for all or part of the term of probation; “(13) work in community service as directed by the court; “(14) reside in a specified place or area, or refrain from residing in a specified place or area; “(15) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer; “(16) report to a probation officer as directed by the court or the probation officer; “(17) permit a probation officer to visit him at his home or elsewhere as specified by the court; “(18) answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment; “(19) notify the probation officer promptly if arrested or questioned by a law enforcement officer; or “(20) satisfy such other conditions as the court may impose. “(c) Modifications of Conditions.— The court may, after a hearing, modify, reduce, or enlarge the conditions of a sentence of probation at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the conditions of probation. “(d) Written Statement of Conditions.— The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the sentence is subject, and that is sufficiently clear and specific to serve as a guide for the defendant’s conduct and for such supervision as is required. “§ 3564. Running of a term of probation “(a) Commencement.— A term of probation commences on the day that the sentence of probation is imposed, unless otherwise ordered by the court. “(b) Concurrence With Other Sentences.— Multiple terms of probation, whether imposed at the same time or at different times, run concurrently with each other. A term of probation runs concurrently with any Federal, State, or local term of probation, or supervised release, or parole for another offense to which the defendant is subject or becomes subject during the term of probation, except that it does not run during any period in which the defendant is imprisoned for a period of at least thirty consecutive days in connection with a conviction for a Federal, State, or local crime. “(c) Early Termination.— The court, after considering the factors set forth in section 3553(a) to the extent that they are applicable, may terminate a term of probation previously ordered and discharge the defendant at any time in the case of a misdemeanor or an infraction or at any time after the expiration of one year of probation in the case of a felony, if it is satisfied that such action is warranted by the conduct of the defendant and the interest of justice. “(d) Extension.— The court may, after a hearing, extend a term of probation, if less than the maximum authorized term was previously imposed, at any time prior to the expiration or termination of the term of probation, pursuant to the provisions applicable to the initial setting of the term of probation. “(e) Subject to Revocation.— A sentence of probation remains conditional and subject to revocation until its expiration or termination. “§ 3565. Revocation of probation “(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, 18 USC app. and after considering the factors set forth in section 3553(a) to the extent that they are applicable— “(1) continue him on probation, with or without extending the term of modifying or enlarging the conditions; or “(2) revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing. “(b) Delayed Revocation.— The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the adjudication of matters arising before its expiration if, prior to its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. “§ 3566. Implementation of a sentence of probation “The implementation of a sentence of probation is governed by the provisions of subchapter A of chapter 229. Post, p. 2001. “subchapter c— fines “Sec. “3571. Sentence of fine. “3572. Imposition of a sentence of fine. “3573. Modification or remission of fine. “3574. Implementation of a sentence of fine. “SUBCHAPTER C— FINES “§ 3571. Sentence of fine “(a) In General.— A defendant who has been found guilty of an offense may be sentenced to pay a fine. “(b) Authorized Fines.— Except as otherwise provided in this chapter, the authorized fines are— “(1) if the defendant is an individual— “(A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $250,000; “(B) for any other misdemeanor, not more than $25,000; and “(C) for an infraction, not more than $1,000; and “(2) if the defendant is an organization— “(A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $500,000; “(B) for any other misdemeanor, not more than $100,000; and “(C) for an infraction, not more than $10,000. “§ 3572. Imposition of a sentence of fine “(a) Factors To Be Considered in Imposing Fine.— The court, in determining whether to impose a fine, and, if a fine is to be imposed, in determining the amount of the fine, the time for payment, and the method of payment, shall consider— “(1) the factors set forth in section 3553(a), to the extent they are applicable, including, with regard to the characteristics of the defendant under section 3553(a), the ability of the defendant to pay the fine in view of the defendant’s income, earning capacity, and financial resources and, if the defendant is an organization, the size of the organization; “(2) the nature of the burden that payment of the fine will impose on the defendant, and on any person who is financially dependent upon the defendant, relative to the burden which alternative punishments would impose; “(3) any restitution or reparation made by the defendant to the victim of the offense, and any obligation imposed upon the defendant to make such restitution or reparation to the victim of the offense; “(4) if the defendant is an organization, any measure taken by the organization to discipline its employees or agents responsible for the offense or to insure against a recurrence of such an offense; and “(5) any other pertinent equitable consideration. “(b) Limit on Aggregate of Multiple Fines.— Except as otherwise expressly provided, the aggregate of fines that a court may impose on a defendant at the same time for different offenses that arise from a common scheme or plan, and that do not cause separable or distinguishable kinds of harm or damage, is twice the amount imposable for the most serious offense. “(c) Effect of Finality of Judgment.— Notwithstanding the fact that a sentence to pay a fine can subsequently be— “(1) modified or remitted pursuant to the provisions of section 3573; “(2) corrected pursuant to the provisions of rule 35 and section 3742; or “(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. “(d) Time and Method of Payment.— Payment of a fine is due immediately unless the court, at the time of sentencing— “(1) requires payment by a date certain; or “(2) establishes an installment schedule, the specific terms of which shall be fixed by the court. “(e) Alternative Sentence Precluded.— At the time a defendant is sentenced to pay a fine, the court may not impose an alternative sentence to be served in the event that the fine is not paid. “(f) Individual Responsibility for Payment.— If a fine is imposed on an organization, it is the duty of each individual authorized to make disbursement of the assets of the organization to pay the fine from assets of the organization. If a fine is imposed on an agent or shareholder of an organization, the fine shall not be paid, directly or indirectly, out of the assets of the organization, unless the court finds that such payment is expressly permissible under applicable State law. “(g) Responsibility To Provide Current Address.— At the time of imposition of the fine, the court shall order the person fined to provide the Attorney General with a current mailing address for the entire period that any part of the fine remains unpaid. Failure to provide the Attorney General with a current address or a change in address shall be punishable as a contempt of court. “(h) Stay of Fine Pending Appeals.— Unless exceptional circumstances exist, if a sentence to pay a fine is stayed pending appeal, the court granting the stay shall include in such stay— “(1) a requirement that the defendant, pending appeal, to deposit the entire fine amount, or the amount due under an installment schedule, during the pendency of an appeal, in an escrow account in the registry of the district court, or to give bond for the payment thereof; or “(2) an order restraining the defendant from transferring or dissipating assets found to be sufficient, if sold, to meet the defendant’s fine obligation. “(i) Delinquent Fine.— A fine is delinquent if any portion of such fine is not paid within thirty days of when it is due, including any fines to be paid pursuant to an installment schedule. “(j) Default.— A fine is in default if any portion of such fine is more than ninety days delinquent. When a criminal fine is in default, the entire amount is due with thirty days of notification of the default, notwithstanding any installment schedule. “§ 3573. Modification or remission of fine “(a) Petition for Modification or Remission.— A defendant who has been sentenced to pay a fine, and who— “(1) can show a good faith effort to comply with the terms of the sentence and concerning whom the circumstances no longer exist that warranted the imposition of the fine in the amount imposed or payment by the installment schedule, may at any time petition the court for— “(A) an extension of the installment schedule, not to exceed two years except in case of incarceration or special circumstances; or “(B) a remission of all or part of the unpaid portion including interest and penalties; or “(2) has voluntarily made restitution or reparation to the victim of the offense, may at any time petition the court for a remission of the unpaid portion of the fine in an amount not exceeding the amount of such restitution or reparation. Any petition filed pursuant to this subsection shall be filed in the court in which sentence was originally imposed, unless that court transfers jurisdiction to another court. The petitioner shall notify the Attorney General that the petition has been filed within ten working days after filing. For the purposes of clause (1), unless exceptional circumstances exist, a person may be considered to have made a good faith effort to comply with the terms of the sentence only after payment of a reasonable portion of the fine. “(b) Order of Modification or Remission.— If, after the filing of a petition as provided in subsection (a), the court finds that the circumstances warrant relief, the court may enter an appropriate order, in which case it shall provide the Attorney General with a copy of such order. “§ 3574. Implementation of a sentence of fine “The implementation of a sentence to pay a fine is governed by the provisions of subchapter B of chapter 229. Post, p. 2004. “subchapter d— imprisonment “Sec. “3581. Sentence of imprisonment. “3582. Imposition of a sentence of imprisonment. “3583. Inclusion of a term of supervised release after imprisonment. “3584. Multiple sentences of imprisonment. “3585. Calculation of a term of imprisonment. “3586. Implementation of a sentence of imprisonment. “SUBCHAPTER D— IMPRISONMENT “§ 3581. Sentence of imprisonment “(a) In General.— A defendant who has been found guilty of an offense may be sentenced to a term of imprisonment. “(b) Authorized Terms.— The authorized terms of imprisonment are— “(1) for a Class A felony, the duration of the defendant’s life or any period of time; “(2) for a Class B felony, not more than twenty-five years; “(3) for a Class C felony, not more than twelve years; “(4) for a Class D felony, not more than six years; “(5) for a Class E felony, not more than three years; “(6) for a Class A misdemeanor, not more than one year; “(7) for a Class B misdemeanor, not more than six months; “(8) for a Class C misdemeanor, not more than thirty days; and “(9) for an infraction, not more than five days. “§ 3582. Imposition of a sentence of imprisonment “(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 Post, p. 2019. 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 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, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that extraordinary and compelling reasons warrant such a reduction and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and “(B) the court may modify an imposed term, of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; Post, p. 2015. and “(2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(n), upon motion of the defendant or the Post, p. 2019. 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. “§ 3583. Inclusion of a term of supervised release after imprisonment “(a) In General.— The court, in imposing a sentence to a term of imprisonment for a felony or a misdemeanor, may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment. “(b) Authorized Terms of Supervised Release.— The authorized terms of supervised release are— “(1) for a Class A or Class B felony, not more than three years; “(2) for a Class C or Class D felony, not more than two years; and “(3) for a Class E felony, or for a misdemeanor, not more than one year. “(c) Factors To 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)(D), (a)(4), (a)(5), and (a)(6). “(d) Conditions of Supervised Release.— The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision. The court may order, as a further condition of supervised release, to the extent that such condition— “(1) is reasonably related to the factors set forth in section 3553 (a)(1), (a)(2)(B), and (a)(2)(D); “(2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553 (a)(2)(B) and (a)(2)(D); and “(3) is consistent with any pertinent policy statements issued Post, p. 2019. by the Sentencing Commission pursuant to 28 U.S.C. 994(a); any condition set forth as a discretionary condition of probation in section 3563 (b)(1) through (b)(10) and (b)(12) through (b)(19), and any other condition it considers to be appropriate. If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation. “(e) Modification of Term or Conditions.— The court may, after considering the factors set forth in section 3553 (a)(1), (a)(2)(B), (a)(2)(D), (a)(4), (a)(5), and (a)(6)— “(1) terminate a term of supervised release previously ordered and discharge the person released at any time after the expiration of one year of supervised release, if it is satisfied that such action is warranted by the conduct of the person released and the interest of justice; “(2) after a hearing, extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions applicable to the initial setting of the terms and conditions of post-release supervision; or “(3) treat a violation of a condition of a term of supervised release as contempt of court pursuant to section 401(3) of this title. “(f) Written Statement of Conditions.— The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and specific to serve as a guide for the defendant’s conduct and for such supervision as is required. “§ 3584. Multiple sentences of imprisonment “(a) Imposition of Concurrent or Consecutive Terms.— If 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 concur-rently shall be treated for administrative purposes as a single, aggregate term of imprisonment. “§ 3585. Calculation of a term of imprisonment “(a) Commencement of Sentence.— A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served. “(b) Credit for Prior Custody.— A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences— “(1) as a result of the offense for which the sentence was imposed; or “(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has not been credited against another sentence. “§ 3586. Implementation of a sentence of imprisonment “The implementation of a sentence of imprisonment is governed by the provisions of subchapter C of chapter 229 and, if the sentence Post, p. 2007. includes a term of supervised release, by the provisions of subchapter A of chapter 229. “CHAPTER 229— POSTSENTENCE ADMINISTRATION “Subchapter “A. Probation “B. Fines “C. Imprisonment “subchapter a— probation “Sec. “3601. Supervision of probation. “3602. Appointment of probation officers. “3603. Duties of probation officers. “3604. Transportation of a probationer. “3605. Transfer of jurisdiction over a probationer. “3606. Arrest and return of a probationer. “3607. Special probation and expungement procedures for drug possessor. “SUBCHAPTER A— PROBATION “§ 3601. Supervision of probation “A person who has been sentenced to probation pursuant to the provisions of subchapter B of chapter 227, or placed on probation Ante, p. 1992. 18 USC 5031 et seq. pursuant to the provisions of chapter 403, or placed on supervised release pursuant to the provisions of section 3583, shall, during the term imposed, be supervised by a probation officer to the degree warranted by the conditions specified by the sentencing court. “§ 3602. Appointment of probation officers “(a) Appointment.— A district court of the United States shall appoint qualified persons to serve, with or without compensation, as probation officers within the jurisdiction and under the direction of the court making the appointment. The court may, for cause, remove a probation officer appointed to serve with compensation, and may, in its discretion, remove a probation officer appointed to serve without compensation. “(b) Record of Appointment.— The order of appointment shall be entered on the records of the court, a copy of the order shall be delivered to the officer appointed, and a copy shall be sent to the Director of the Administrative Office of the United States Courts. “(c) Chief Probation Officer.— If the court appoints more than one probation officer, one may be designated by the court as chief probation officer and shall direct the work of all probation officers serving in the judicial district. “§ 3603. Duties of probation officers “A probation officer shall— “(a) instruct a probationer or a person on supervised release, who is under his supervision, as to the conditions specified by the sentencing court, and provide him with a written statement clearly setting forth all such conditions; “(b) keep informed, to the degree required by the conditions specified by the sentencing court, as to the conduct and condition of a probationer or a person on supervised release, who is under his supervision, and report his conduct and condition to the sentencing court; “(c) use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person on supervised release who is under his supervision, and to bring about improvements in his conduct and condition; “(d) be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial district; “(e) keep a record of his work, and make such reports to the Director of the Administrative Office of the United States Courts as the Director may require; “(f) upon request of the Attorney General or his designee, supervise and furnish information about a person within the custody of the Attorney General while on work release, furlough, or other authorized release from his regular place of confinement, or while in prerelease custody pursuant to the provisions of section 3624(c); “(g) keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in default so that the court may determine whether probation should be revoked; and “(h) perform any other duty that the court may designate. “§ 3604. Transportation of a probationer “A court, after imposing a sentence of probation, may direct a United States marshal to furnish the probationer with— “(a) transportation to the place to which he is required to proceed as a condition of his probation; and “(b) money, not to exceed such amount as the Attorney General may prescribe, for subsistence expenses while traveling to his destination. “§ 3605. Transfer of jurisdiction over a probationer “A court, after imposing a sentence, may transfer jurisdiction over a probationer or person on supervised release to the district court for any other district to which the person is required to proceed as a condition of his probation or release, or is permitted to proceed, with the concurrence of such court. A later transfer of jurisdiction may be made in the same manner. A court to which jurisdiction is transferred under this section is authorized to exercise all powers over the probationer or releasee that are permitted by this subchapter or subchapter B or D of chapter 227. Ante, pp. 1992, 1998. 18 USC 3606. “§ 3606. Arrest and return of a probationer “If there is probable cause to believe that a probationer or a person on supervised release has violated a condition of his probation or release, he may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. A probation officer may make such an arrest wherever the probationer or releasee is found, and may make the arrest without a warrant. The court having supervision of the probationer or releasee, or, if there is no such court, the court last having supervision of the probationer or releasee, may issue a warrant for the arrest of a probationer or releasee for violation of a condition of release, and a probation officer or United States marshal may execute the warrant in the district in which the warrant was issued or in any district in which the probationer or releasee is found. “§ 3607. Special probation and expungement procedures for drug possessors “(a) Pre-Judgment Probation.— If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)— “(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and “(2) has not previously been the subject of a disposition under this subsection; the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565. “(b) Record of Disposition.— A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. “(c) Expungement of Record of Disposition.— If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose. “subchapter b— fines “Sec. “3611. Payment of a fine. “3612. Collection of an unpaid fine. “3613. Civil remedies for satisfaction of an unpaid fine. “3614. Resentencing upon failure to pay a fine. “3615. Criminal default. “SUBCHAPTER B— FINES “§ 3611. Payment of a fine “A person who has been sentenced to pay a fine pursuant to the Ante, p. 1995. provisions of subchapter C of chapter 227 shall pay the fine immediately, or by the time and method specified by the sentencing court, to the clerk of the court. The clerk shall forward the payment to the United States Treasury. “§ 3612. Collection of an unpaid fine “(a) Disposition of Payment.— The clerk shall forward each fine payment to the United States Treasury and shall notify the Attorney General of its receipt within ten working days. “(b) Certification of Imposition.— If a fine exceeding $100 is imposed, modified, or remitted, the sentencing court shall incorporate in the order imposing, remitting, or modifying such fine, and promptly certify to the Attorney General— “(1) the name of the person fined; “(2) his current address; “(3) the docket number of the case; “(4) the amount of the fine imposed; “(5) any installment schedule; “(6) the nature of any modification or remission of the fine or installment schedule; and “(7) the amount of the fine that is due and unpaid. “(c) Responsibility for Collection.— The Attorney General shall be responsible for collection of an unpaid fine concerning which a certification has been issued as provided in subsection (b). An order of restitution, pursuant to section 3556, does not create any right of action against the United States by the person to whom restitution is ordered to be paid. “(d) Notification of Delinquency.— Within ten working days after a fine is determined to be delinquent as provided in section 3572(i), the Attorney General shall notify the person whose fine is delinquent, by certified mail, to inform him that the fine is delinquent. “(e) Notification of Default.— Within ten working days after a fine is determined to be in default as provided in section 3572(j), the Attorney General shall notify the person defaulting, by certified mail, to inform him that the fine is in default and the entire unpaid balance, including interest and penalties, is due within thirty days. “(f) Interest, Monetary Penalties for Delinquency, and Default.— Upon a determination of willful nonpayment, the court may impose the following interest and monetary penalties: “(1) Interest.— Notwithstanding any other provision of law, interest at the rate of 1 per centum per month, or 12 per centum per year, shall be charged, beginning the thirty-first day after sentencing on the first day of each month during which any fine balance remains unpaid, including sums to be paid pursuant to an installment schedule. “(2) Monetary penalties for delinquent fines.— Notwithstanding any other provision of law, a penalty sum equal to 10 per centum shall be charged for any portion of a criminal fine which has become delinquent. The Attorney General may waive Waiver. all or part of the penalty for good cause. “§ 3613. Civil remedies for satisfaction of an unpaid fine “(a) Lien.— A fine imposed pursuant to the provisions of subchapter C of chapter 227 is a lien in favor of the United States upon all Ante, p. 1995. property belonging to the person fined. The lien arises at the time of the entry of the judgment and continues until the liability is satisfied, remitted, or set aside, or until it becomes unenforceable pursuant to the provisions of subsection (b). On application of the person fined, the Attorney General shall— “(1) issue a certificate of release, as described in section 6325 of the Internal Revenue Code, of any lien imposed pursuant to 26 USC 6325. this section, upon his acceptance of a bond described in section 6325(a)(2) of the Internal Revenue Code; or “(2) issue a certificate of discharge, as described in section 6325 of the Internal Revenue Code, of any part of the person’s property subject to a lien imposed pursuant to this section, upon his determination that the fair market value of that part of such property remaining subject to and available to satisfy the lien is at least three times the amount of the fine. “(b) Expiration of Lien.— A lien becomes unenforceable and liability to pay a fine expires— “(1) twenty years after the entry of the judgment; or “(2) upon the death of the individual fined. The period set forth in paragraph (1) may be extended, prior to its expiration, by a written agreement between the person fined and the Attorney General. The running of the period set forth in paragraph (1) is suspended during any interval for which the running of the period of limitations for collection of a tax would be suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(1)(I) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(1)(I), or section 513 of the Act of October 17, 1940, 50 USC app. 573. 54 Stat. 1190. “(c) Application of Other Lien Provisions.— The provisions of sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805 of the Internal Revenue Code of 1954 (26 U.S.C. 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805) and of section 513 of the Act of October 17, 1940, 54 Stat. 1190, apply to a fine and to the lien imposed by subsection (a) as if the liability of the person fined were for an internal revenue tax assessment, except to the extent that the application of such statutes is modified by regulations issued by the Attorney General to accord with differences in the nature of the liabilities. For the purposes of this subsection, references in the preceding sections of the Internal Revenue Code of 26 USC 1 et seq. 1954 to ‘the Secretary’ shall be construed to mean ‘the Attorney General,’ and references in those sections to ‘tax’ shall be construed to mean ‘fine.’ “(d) Effect of Notice of Lien.— A notice of the lien imposed by subsection (a) shall be considered a notice of lien for taxes payable to the United States for the purposes of any State or local law providing for the filing of a notice of a tax lien. The registration, recording, docketing, or indexing, in accordance with 28 U.S.C. 1962, of the judgment under which a fine is imposed shall be considered for all purposes as the filing prescribed by section 6323(f)(1)(A) of the Internal Revenue Code of 1954 (26 U.S.C. 6323(f)(1)(A)) and by subsection (c). “(e) Alternative Enforcement.— Notwithstanding any other provision of this section, a judgment imposing a fine may be enforced by execution against the property of the person fined in like manner as judgments in civil cases, but in no event shall liability for payment of a fine extend beyond the period specified in subsection (b). “(f) Discharge of Debts Inapplicable.— No discharge of debts pursuant to a bankruptcy proceeding shall render a lien under this section unenforceable or discharge liability to pay a fine. “§ 3614. Resentencing upon failure to pay a fine “(a) Resentencing.— Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine the court may resentence the defendant to any sentence which might originally have been imposed. “(b) Imprisonment.— The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that— “(1) the defendant willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or “(2) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence. “§ 3615. Criminal default “Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, imprisoned not more than one year, or both. “subchapter c— imprisonment “Sec. “3621. Imprisonment of a convicted person. “3622. Temporary release of a prisoner. “3623. Transfer of a prisoner to State authority. “3624. Release of a prisoner. “3625. Inapplicability of the Administrative Procedure Act. “SUBCHAPTER C— IMPRISONMENT “§ 3621. Imprisonment of a convicted person “(a) Commitment to Custody of Bureau of Prisons.— A person who has been sentenced to a term of imprisonment pursuant to the provisions of subchapter D of chapter 227 shall be committed to the Ante, p. 1998. custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. “(b) Place of Imprisonment.— The Bureau of Prisons shall designate the place of the prisoner’s imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering— “(1) the resources of the facility contemplated; “(2) the nature and circumstances of the offense; “(3) the history and characteristics of the prisoner; “(4) any statement by the court that imposed the sentence— “(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or “(B) recommending a type of penal or correctional facility as appropriate; and “(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28. Post, p. 2019. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. “(c) Delivery of Order of Commitment.— When a prisoner, pursuant to a court order, is placed in the custody of a person in charge of a penal or correctional facility, a copy of the order shall be delivered to such person as evidence of this authority to hold the prisoner, and the original order, with the return endorsed thereon, shall be returned to the court that issued it. “(d) Delivery of Prisoner for Court Appearances.— The United States marshal shall, without charge, bring a prisoner into court or return him to a prison facility on order of a court of the United States or on written request of an attorney for the Government. “§ 3622. Temporary release of a prisoner “The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was imposed and any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears Post, p. 2019. to be consistent with the public interest and if there is reasonable cause to believe that a prisoner will honor the trust to be imposed in him, by authorizing him, under prescribed conditions, to— “(a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facility, for the purpose of— “(1) visiting a relative who is dying; “(2) attending a funeral of a relative; “(3) obtaining medical treatment not otherwise available; “(4) contacting a prospective employer; “(5) establishing or reestablishing family or community ties; or “(6) engaging in any other significant activity consistent with the public interest; “(b) participate in a training or educational program in the community while continuing in official detention at the prison facility; or “(c) work at paid employment in the community while continuing in official detention at the penal or correctional facility if— “(1) the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community; and “(2) the prisoner agrees to pay to the Bureau such costs incident to official detention as the Bureau finds appropriate and reasonable under all the circumstances, such costs to be collected by the Bureau and deposited in the Treasury to the credit of the appropriation available for such costs at the time such collections are made. “§ 3623. Transfer of a prisoner to State authority “The Director of the Bureau of Prisons shall order that a prisoner who has been charged in an indictment or information with, or convicted of, a State felony, be transferred to an official detention facility within such State prior to his release from a Federal prison facility if— “(1) the transfer has been requested by the Governor or other executive authority of the State; “(2) the State has presented to the Director a certified copy of the indictment, information, or judgment of conviction; and “(3) the Director finds that the transfer would be in the public interest. If more than one request is presented with respect to a prisoner, the Director shall determine which request should receive preference. The expenses of such transfer shall be borne by the State requesting the transfer. “§ 3624. Release of a prisoner “(a) Date of Release.— A prisoner shall be released by the Bureau of Prisons on the date of the expiration of his term of imprisonment, less any time credited toward the service of his sentence as provided in subsection (b). If the date for a prisoner’s release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. “(b) Credit Toward Service of Sentence for Satisfactory Behavior.— A prisoner who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration of his life, shall receive credit toward the service of his sentence, beyond the time served, of fifty-four days at the end of each year of his term of imprisonment, beginning after the first year of the term, unless the Bureau of Prisons determines that, during that year, he has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner. If the Bureau determines that, during that year, the prisoner has not satisfactorily complied with such institutional regulations, he shall receive no such credit toward service of his sentence or shall receive such lesser credit as the Bureau determines to be appropriate. The Bureau’s determination shall be made within fifteen days after the end of each year of the sentence. Such credit toward service of sentence vests at the time that it is received. Credit that has vested may not later be withdrawn, and credit that has not been earned may not later be granted. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence. “(c) Pre-Release Custody.— The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last 10 per centum of the term to be served under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for his re-entry into the community. The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such prerelease custody. “(d) Allotment of Clothing, Funds, and Transportation.— Upon the release of a prisoner on the expiration of his term of imprisonment, the Bureau of Prisons shall furnish him with— “(1) suitable clothing; “(2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and “(3) transportation to the place of his conviction, to his bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director. “(e) Supervision After Release.— A prisoner whose sentence includes a term of supervised release after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation officer who shall, during the term imposed, supervise the person released to the degree warranted by the conditions specified by the sentencing court. The term of supervised release commences on the day the person is released from imprisonment. The term runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is subject or becomes subject during the term of supervised release, except that it does not run during any period in which the person is imprisoned, other than during limited intervals as a condition of probation or supervised release, in connection with a conviction for a Federal, State, or local crime. No prisoner shall be released on supervision unless such prisoner agrees to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense committed by such prisoner. “§ 3625. Inapplicability of the Administrative Procedure Act “The provisions of sections 554 and 555 and 701 through 706 of title 5, United States Code, do not apply to the making of any determination, decision, or order under this subchapter.”;

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