18 U.S.C. § 3602 — Appointment of probation officers

Page 833 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3602 1 So in original. Probably should not appear. AMENDMENTS 2018—Pub. L. 115–391, title I, § 101(b), Dec. 21, 2018, 132 Stat. 5208, added item for subchapter D. SUBCHAPTER A—PROBATION SUBCHAPTER A—PROBATION 1 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 proce- dures for drug possessors. 3608. Drug testing of Federal offenders on post-con- viction release. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title II, § 20414(a)(2), title XXXIII, § 330010(3), Sept. 13, 1994, 108 Stat. 1830, 2143, transferred analysis of this subchapter to follow head- ing for this subchapter and added item 3608. 1990—Pub. L. 101–647, title XXXV, § 3590, Nov. 29, 1990, 104 Stat. 4930, substituted ‘‘possessors’’ for ‘‘possessor’’ in item 3607. § 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 pursuant to the provisions of chapter 403, or placed on super- vised release pursuant to the provisions of sec- tion 3583, shall, during the term imposed, be su- pervised by a probation officer to the degree warranted by the conditions specified by the sentencing court. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001.) 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. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 801], Apr. 26, 1996, 110 Stat. 1321, 1321–66; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided that: ‘‘This title [enacting sections 1915A and 1932 of Title 28, Judiciary and Judicial Procedure, amending sections 3624 and 3626 of this title, section 523 of Title 11, Bankruptcy, sections 1346 and 1915 of Title 28, and sections 1997a to 1997c, 1997e, 1997f, and 1997h of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 3626 of this title, and repeal- ing provisions set out as a note under section 3626 of this title] may be cited as the ‘Prison Litigation Re- form Act of 1995’.’’ POST INCARCERATION VOCATIONAL AND REMEDIAL EDUCATIONAL OPPORTUNITIES FOR INMATES Pub. L. 107–273, div. B, title II, § 2411, Nov. 2, 2002, 116 Stat. 1799, provided that: ‘‘(a) FEDERAL REENTRY CENTER DEMONSTRATION.— ‘‘(1) AUTHORITY AND ESTABLISHMENT OF DEMONSTRA- TION PROJECT.—The Attorney General, in consulta- tion with the Director of the Administrative Office of the United States Courts, shall establish the Federal Reentry Center Demonstration project. The project shall involve appropriate prisoners from the Federal prison population and shall utilize community cor- rections facilities, home confinement, and a coordi- nated response by Federal agencies to assist partici- pating prisoners in preparing for and adjusting to re- entry into the community. ‘‘(2) PROJECT ELEMENTS.—The project authorized by paragraph (1) shall include the following core ele- ments: ‘‘(A) A Reentry Review Team for each prisoner, consisting of a representative from the Bureau of Prisons, the United States Probation System, the United States Parole Commission, and the relevant community corrections facility, who shall initially meet with the prisoner to develop a reentry plan tailored to the needs of the prisoner. ‘‘(B) A system of graduated levels of supervision with the community corrections facility to pro- mote community safety, provide incentives for prisoners to complete the reentry plan, including victim restitution, and provide a reasonable meth- od for imposing sanctions for a prisoner’s violation of the conditions of participation in the project. ‘‘(C) Substance abuse treatment and aftercare, mental and medical health treatment and aftercare, vocational and educational training, life skills instruction, conflict resolution skills train- ing, batterer intervention programs, assistance ob- taining suitable affordable housing, and other pro- gramming to promote effective reintegration into the community as needed. ‘‘(3) PROBATION OFFICERS.—From funds made avail- able to carry out this section, the Director of the Ad- ministrative Office of the United States Courts shall assign 1 or more probation officers from each partici- pating judicial district to the Reentry Demonstration project. Such officers shall be assigned to and sta- tioned at the community corrections facility and shall serve on the Reentry Review Teams. ‘‘(4) PROJECT DURATION.—The Reentry Center Dem- onstration project shall begin not later than 6 months following the availability of funds to carry out this subsection, and shall last 3 years. ‘‘(b) DEFINITIONS.—In this section, the term ‘appro- priate prisoner’ shall mean a person who is considered by prison authorities— ‘‘(1) to pose a medium to high risk of committing a criminal act upon reentering the community; and ‘‘(2) to lack the skills and family support network that facilitate successful reintegration into the com- munity. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appro- priated, to remain available until expended— ‘‘(1) to the Federal Bureau of Prisons— ‘‘(A) $1,375,000 for fiscal year 2003; ‘‘(B) $1,110,000 for fiscal year 2004; ‘‘(C) $1,130,000 for fiscal year 2005; ‘‘(D) $1,155,000 for fiscal year 2006; and ‘‘(E) $1,230,000 for fiscal year 2007; and ‘‘(2) to the Federal Judiciary— ‘‘(A) $3,380,000 for fiscal year 2003; ‘‘(B) $3,540,000 for fiscal year 2004; ‘‘(C) $3,720,000 for fiscal year 2005; ‘‘(D) $3,910,000 for fiscal year 2006; and ‘‘(E) $4,100,000 for fiscal year 2007.’’ § 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 proba- tion officers within the jurisdiction and under the direction of the court making the appoint- ment. A person appointed as a probation officer in one district may serve in another district Page 834 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3603 with the consent of the appointing court and the court in the other district. The appointing court may, for cause, remove a probation officer ap- pointed to serve with compensation, and may, in its discretion, remove a probation officer ap- pointed to serve without compensation. (b) RECORD OF APPOINTMENT.—The order of ap- pointment 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 ap- points more than one probation officer, one may be designated by the court as chief probation of- ficer and shall direct the work of all probation officers serving in the judicial district. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001; amended Pub. L. 114–113, div. E, title III, § 307, Dec. 18, 2015, 129 Stat. 2443.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–113 inserted ‘‘A person appointed as a probation officer in one district may serve in another district with the consent of the ap- pointing court and the court in the other district.’’ after first sentence and ‘‘appointing’’ before ‘‘court may, for cause, remove’’. 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. § 3603. Duties of probation officers A probation officer shall— (1) instruct a probationer or a person on su- pervised release, who is under his supervision, as to the conditions specified by the sen- tencing court, and provide him with a written statement clearly setting forth all such condi- tions; (2) keep informed, to the degree required by the conditions specified by the sentencing court, as to the conduct and condition of a probationer or a person on supervised release, who is under his supervision, and report his conduct and condition to the sentencing court; (3) use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person on supervised re- lease who is under his supervision, and to bring about improvements in his conduct and condition; (4) be responsible for the supervision of any probationer or a person on supervised release who is known to be within the judicial dis- trict; (5) keep a record of his work, and make such reports to the Director of the Administrative Office of the United States Courts as the Di- rector may require; (6) upon request of the Attorney General or his designee, assist in the supervision of and furnish information about, a person within the custody of the Attorney General while on work release, furlough, or other authorized re- lease from his regular place of confinement, or while in prerelease custody pursuant to the provisions of section 3624(c); (7) keep informed concerning the conduct, condition, and compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within thirty days after notification that it is in de- fault so that the court may determine whether probation should be revoked; (8)(A) when directed by the court, and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, keep informed as to the conduct and provide supervision of a person condi- tionally released under the provisions of sec- tion 4243, 4246, or 4248 of this title, and report such person’s conduct and condition to the court ordering release and to the Attorney General or his designee; and (B) immediately report any violation of the conditions of release to the court and the At- torney General or his designee; (9) if approved by the district court, be au- thorized to carry firearms under such rules and regulations as the Director of the Admin- istrative Office of the United States Courts may prescribe; and (10) perform any other duty that the court may designate. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2002; amended Pub. L. 99–646, § 15(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 102–572, title VII, § 701(a), Oct. 29, 1992, 106 Stat. 4514; Pub. L. 104–317, title I, § 101(a), Oct. 19, 1996, 110 Stat. 3848; Pub. L. 115–391, title VI, § 609(a), Dec. 21, 2018, 132 Stat. 5245.) Editorial Notes AMENDMENTS 2018—Par. (8)(A). Pub. L. 115–391 substituted ‘‘, 4246, or 4248’’ for ‘‘or 4246’’. 1996—Pars. (9), (10). Pub. L. 104–317 added par. (9) and redesignated former par. (9) as (10). 1992—Pars. (8), (9). Pub. L. 102–572 added par. (8) and redesignated former par. (8) as (9). 1986—Pub. L. 99–646 redesignated pars. (a) to (h) as (1) to (8), respectively, and in par. (6) substituted ‘‘assist in the supervision of’’ for ‘‘supervise’’ and inserted a comma after ‘‘about’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 15(b), Nov. 10, 1986, 100 Stat. 3595, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the taking effect of section 3603 of title 18, United States Code [Nov. 1, 1987].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec-