18 U.S.C. § 3522 — Probationers and parolees

Page 789 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3523 1 See References in Text note below. requirements under the [former] Jacob Wetterling Crimes Against Children and Sexually Violent Of- fender Registration Act [42 U.S.C. 14071 et seq.], and the Attorney General may grant an additional 2 years to a State that is making good faith efforts to imple- ment these amendments.’’ EFFECTIVE DATE Pub. L. 98–473, title II, § 1210, Oct. 12, 1984, 98 Stat. 2163, provided that: ‘‘This subpart [subpart A (§§ 1207–1210) of part F of chapter XII of title II of Pub. L. 98–473, see Short Title note below] and the amend- ments made by this subpart shall take effect on Octo- ber 1, 1984.’’ SHORT TITLE Pub. L. 98–473, title II, § 1207, Oct. 12, 1984, 98 Stat. 2153, provided that: ‘‘This subpart [subpart A (§§ 1207–1210) of part F of chapter XII of title II of Pub. L. 98–473, enacting this chapter, repealing provisions set out as a note preceding section 3481 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Witness Security Reform Act of 1984’.’’ § 3522. Probationers and parolees (a) A probation officer may, upon the request of the Attorney General, supervise any person provided protection under this chapter who is on probation or parole under State law, if the State involved consents to such supervision. Any per- son so supervised shall be under Federal juris- diction during the period of supervision and shall, during that period be subject to all laws of the United States which pertain to probationers or parolees, as the case may be. (b) The failure by any person provided protec- tion under this chapter who is supervised under subsection (a) to comply with the memorandum of understanding entered into by that person pursuant to section 3521(d) of this title shall be grounds for the revocation of probation or pa- role, as the case may be. (c) The United States Parole Commission and the Chairman of the Commission shall have the same powers and duties with respect to a proba- tioner or parolee transferred from State super- vision pursuant to this section as they have with respect to an offender convicted in a court of the United States and paroled under chapter 311 1 of this title. The provisions of sections 4201 through 4204, 4205(a), (e), and (h), 4206 through 4215, and 4218 1 of this title shall apply following a revocation of probation or parole under this section. (d) If a person provided protection under this chapter who is on probation or parole and is su- pervised under subsection (a) of this section has been ordered by the State court which imposed sentence on the person to pay a sum of money to the victim of the offense involved for damage caused by the offense, that penalty or award of damages may be enforced as though it were a civil judgment rendered by a United States dis- trict court. Proceedings to collect the moneys ordered to be paid may be instituted by the At- torney General in any United States district court. Moneys recovered pursuant to such pro- ceedings shall be distributed to the victim. (Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2157; amended Pub. L. 99–646, § 75, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100–690, title VII, § 7072(b), Nov. 18, 1988, 102 Stat. 4405.) Editorial Notes REFERENCES IN TEXT Chapter 311 of this title, referred to in subsec. (c), which consisted of sections 4201 to 4218 of this title, was repealed effective Nov. 1, 1987, by Pub. L. 98–473, title II, §§ 218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, subject to remaining effective for five years after Nov. 1, 1987, in certain circumstances. AMENDMENTS 1988—Subsec. (c). Pub. L. 100–690 substituted ‘‘4215’’ for ‘‘4216’’. 1986—Subsec. (a). Pub. L. 99–646 substituted ‘‘proba- tioners or parolees, as the case may be’’ for ‘‘parolees’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. § 3523. Civil judgments (a) If a person provided protection under this chapter is named as a defendant in a civil cause of action arising prior to or during the period in which the protection is provided, process in the civil proceeding may be served upon that person or an agent designated by that person for that purpose. The Attorney General shall make rea- sonable efforts to serve a copy of the process upon the person protected at the person’s last known address. The Attorney General shall no- tify the plaintiff in the action whether such process has been served. If a judgment in such action is entered against that person the Attor- ney General shall determine whether the person has made reasonable efforts to comply with the judgment. The Attorney General shall take ap- propriate steps to urge the person to comply with the judgment. If the Attorney General de- termines that the person has not made reason- able efforts to comply with the judgment, the Attorney General may, after considering the danger to the person and upon the request of the person holding the judgment disclose the iden- tity and location of the person to the plaintiff entitled to recovery pursuant to the judgment. Any such disclosure of the identity and location of the person shall be made upon the express condition that further disclosure by the plaintiff of such identity or location may be made only if essential to the plaintiff’s efforts to recover under the judgment, and only to such additional persons as is necessary to effect the recovery. Any such disclosure or nondisclosure by the At- torney General shall not subject the United States and its officers or employees to any civil liability. (b)(1) Any person who holds a judgment en- tered by a Federal or State court in his or her favor against a person provided protection under this chapter may, upon a decision by the Attor- ney General to deny disclosure of the current identity and location of such protected person, bring an action against the protected person in the United States district court in the district where the person holding the judgment (herein-