18 U.S.C. § 3607 — Special probation and expungement pro-

Page 835 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3607 tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3604. Transportation of a probationer A court, after imposing a sentence of proba- tion, may direct a United States marshal to fur- nish the probationer with— (a) transportation to the place to which he is required to proceed as a condition of his pro- bation; and (b) money, not to exceed such amount as the Attorney General may prescribe, for subsist- ence expenses while traveling to his destina- tion. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2002.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3605. Transfer of jurisdiction over a proba- tioner A court, after imposing a sentence, may trans- fer 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 re- lease, or is permitted to proceed, with the con- currence of such court. A later transfer of juris- diction 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 per- mitted by this subchapter or subchapter B or D of chapter 227. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2003.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3606. Arrest and return of a probationer If there is probable cause to believe that a pro- bationer 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 su- pervision 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. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2003.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3607. Special probation and expungement pro- cedures 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 vio- lated 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 convic- tion, 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 sub- section (a) or the expungement provided in sub- section (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 pur- pose. (c) EXPUNGEMENT OF RECORD OF DISPOSITION.— If the case against a person found guilty of an offense under section 404 of the Controlled Sub- stances Act (21 U.S.C. 844) is the subject of a dis- position 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, ex- cept the nonpublic records referred to in sub- section (b), all references to his arrest for the of- fense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in Page 836 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3608 1 See References in Text note below. 1 So in original. Probably should not appear. 2 So in original. Does not conform to section catchline. 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 pur- pose. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2003.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3608. Drug testing of Federal offenders on post- conviction release The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General and the Secretary of Health and Human Services, shall, subject to the availability of appropriations, establish a program of drug testing of Federal offenders on post-conviction release. The program shall in- clude such standards and guidelines as the Di- rector may determine necessary to ensure the reliability and accuracy of the drug testing pro- grams. In each judicial district the chief proba- tion officer shall arrange for the drug testing of defendants on post-conviction release pursuant to a conviction for a felony or other offense de- scribed in section 3563(a)(4).1 (Added Pub. L. 103–322, title II, § 20414(a)(1), Sept. 13, 1994, 108 Stat. 1830.) Editorial Notes REFERENCES IN TEXT Section 3563(a)(4), referred to in text, probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, § 203(1)(C), Apr. 24, 1996, 110 Stat. 1227. SUBCHAPTER B—FINES SUBCHAPTER B—FINES 1 Sec. 3611. Payment of a fine or restitution. 3612. Collection of an unpaid fine or restitution.2 3613. Civil remedies for satisfaction of an unpaid fine. 3613A. Effect of default. 3614. Resentencing upon failure to pay a fine or restitution. 3615. Criminal default. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132, title II, § 207(d), Apr. 24, 1996, 110 Stat. 1240, amended table of sections generally, insert- ing ‘‘or restitution’’ after ‘‘fine’’ in items 3611, 3612, and 3614, reenacting items 3613 and 3615 without change, and adding item 3613A. 1994—Pub. L. 103–322, title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 2143, transferred analysis of this sub- chapter to follow heading for this subchapter. § 3611. Payment of a fine or restitution A person who is sentenced to pay a fine, as- sessment, or restitution, shall pay the fine, as- sessment, or restitution (including any interest or penalty), as specified by the Director of the Administrative Office of the United States Courts. Such Director may specify that such payment be made to the clerk of the court or in the manner provided for under section 604(a)(18) of title 28, United States Code. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2004; amended Pub. L. 100–185, § 10(a), Dec. 11, 1987, 101 Stat. 1283; Pub. L. 101–647, title XXXV, § 3591, Nov. 29, 1990, 104 Stat. 4931; Pub. L. 104–132, title II, § 207(c)(1), Apr. 24, 1996, 110 Stat. 1237.) Editorial Notes PRIOR PROVISIONS For a prior section 3611, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘Payment of a fine or restitution’’ for ‘‘Payment of a fine’’ in section catchline and ‘‘, assessment, or restitution, shall pay the fine, assessment, or restitution’’ for ‘‘or assessment shall pay the fine or assessment’’ in text. 1990—Pub. L. 101–647 substituted ‘‘604(a)(18)’’ for ‘‘604(a)(17)’’. 1987—Pub. L. 100–185 amended section generally. Prior to amendment, section read as follows: ‘‘A person who has been sentenced to pay a fine pursuant to the provi- sions 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 to be effective, to ex- tent constitutionally permissible, for sentencing pro- ceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–185, § 10(b), Dec. 11, 1987, 101 Stat. 1283, pro- vided that: ‘‘The amendment made by this section [amending this section] shall apply with respect to any fine imposed after October 31, 1988. Such amendment shall also apply with respect to any fine imposed on or before October 31, 1988, if the fine remains uncollected as of February 1, 1989, unless the Director of the Ad- ministrative Office of the United States Courts deter- mines further delay is necessary. If the Director so de- termines, the amendment made by this section shall apply with respect to any such fine imposed on or be- fore October 31, 1988, if the fine remains uncollected as of May 1, 1989.’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec-