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 18 USC Sec. 3563 Has Changes                               01/22/02

Extract of the United States Code, Title 18, Sec's 3563-Appendix 3.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER B - PROBATION

Sec. 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;
     (2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2), (b)(3), or (b)(13), unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b);
     (3) for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance;
     (4) for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant;
     (5) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant;
     (6) that the defendant -

     (A) make restitution in accordance with sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and
     (B) pay the assessment imposed in accordance with section 3013;

     (7) that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, fines, or special assessments;
     (8) for a person described in section 4042(c)(4), that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994); and
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     (9) that the defendant cooperate in the collection of a DNA sample from the defendant if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 or section 3 of the Terrorist Identification Database Act of 2002.
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     If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation.

     (b) Discretionary Conditions. -
The court may provide, as further conditions of a sentence of probation, to the extent that such conditions are reasonably related to the factors set forth in section 3553(a)(1) and (a)(2) and to the extent that such conditions involve only such deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 3553(a)(2), that the defendant -

     (1) support his dependents and meet other family responsibilities;
     (2) make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A));
     (3) give to the victims of the offense the notice ordered pursuant to the provisions of section 3555;
     (4) work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip him for suitable employment;
     (5) refrain, in the case of an individual, from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances;
     (6) refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons;
     (7) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner;
     (8) refrain from possessing a firearm, destructive device, or other dangerous weapon;
     (9) undergo available medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency, as specified by the court, and remain in a specified institution if required for that purpose;
     (10) remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of probation;
     (11) reside at, or participate in the program of, a community corrections facility (including a facility maintained or under contract to the Bureau of Prisons) for all or part of the term of probation;
     (12) work in community service as directed by the court;
     (13) reside in a specified place or area, or refrain from residing in a specified place or area;
     (14) remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;
     (15) report to a probation officer as directed by the court or the probation officer;
     (16) permit a probation officer to visit him at his home or elsewhere as specified by the court;
     (17) answer inquiries by a probation officer and notify the probation officer promptly of any change in address or employment;
     (18) notify the probation officer promptly if arrested or questioned by a law enforcement officer;
     (19) remain at his place of residence during nonworking hours and, if the court finds it appropriate, that compliance with this condition be monitored by telephonic or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration;
     (20) comply with the terms of any court order or order of an administrative process pursuant to the law of a State, the District of Columbia, or any other possession or territory of the United States, requiring payments by the defendant for the support and maintenance of a child or of a child and the parent with whom the child is living;
     (21) be ordered deported by a United States district court, or United States magistrate judge, pursuant to a stipulation entered into by the defendant and the United States under section 238(d)(5) of the Immigration and Nationality Act, except that, in the absence of a stipulation, the United States district court or a United States magistrate judge, may order deportation as a condition of probation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable; or
     (22) satisfy such other conditions as the court may impose.

     (c) Modifications of Conditions. -
The court may modify, reduce, or enlarge the conditions of a sentence of probation at any time prior to the expiration or termination of the term of probation, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the conditions of probation.

     (d) Written Statement of Conditions. -
The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the sentence is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.

     (e) Results of Drug Testing. -
The results of a drug test administered in accordance with subsection (a)(5) shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A defendant who tests positive may be detained pending verification of a positive drug test result. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy. The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3565(b), when considering any action against a defendant who fails a drug test administered in accordance with subsection (a)(5).

misc administrative details omitted

REFERENCES IN TEXT
Section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (a)(8), is classified to section 14071(a)(3) of Title 42, The Public Health and Welfare.

Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (a)(9), is classified to section 14135a of Title 42, The Public Health and Welfare.

Section 238(d)(5) of the Immigration and Nationality Act, referred to in subsec. (b)(21), is classified to section 1228(d)(5) of Title 8, Aliens and Nationality.

The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to this title.

misc administrative details omitted

EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98-473, set out as a note under section 3551 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3565, 3583, 3608, 3742, 5037 of this title;
title 28 section 994.

 18 USC Sec. 3583   Has Changes                                  01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT

Sec. 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, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute or if the defendant has been convicted for the first time of a domestic violence crime as defined in section 3561(b).

     (b) Authorized Terms of Supervised Release. -
Except as otherwise provided, the authorized terms of supervised release are -

     (1) for a Class A or Class B felony, not more than five years;
     (2) for a Class C or Class D felony, not more than three years; and
     (3) for a Class E felony, or for a misdemeanor (other than a petty offense), not more than one year.

     (c) Factors To Be Considered in Including a Term of Supervised Release. -
The court, in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release, shall consider the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6).

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     (d) Conditions of Supervised Release. -
     The court shall order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision and that the defendant not unlawfully possess a controlled substance.
The court shall order as an explicit condition of supervised release for a defendant convicted for the first time of a domestic violence crime as defined in section 3561(b) that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant.
     The court shall order, as an explicit condition of supervised release for a person described in section 4042(c)(4), that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994).
     The court shall order, as an explicit condition of supervised release, that the defendant cooperate in the collection of a DNA sample from the defendant, if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 or section 3 of the Terrorist Identification Database Act of 2002.
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     The court shall also order, as an explicit condition of supervised release, that the defendant refrain from any unlawful use of a controlled substance and submit to a drug test within 15 days of release on supervised release and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance. The condition stated in the preceding sentence may be ameliorated or suspended by the court as provided in section 3563(a)(4). (FOOTNOTE 1)
     The results of a drug test administered in accordance with the preceding subsection shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy.
     The court shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 3583(g) when considering any action against a defendant who fails a drug test. The court may order, as a further condition of supervised release, to the extent that such condition -
(FOOTNOTE 1) See References in Text note below.

     (1) is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);
     (2) involves no greater deprivation of liberty than is reasonably necessary for the purposes set forth in section 3553(a)(2)(B), (a)(2)(C), and (a)(2)(D); and
     (3) is consistent with any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a); any condition set forth as a discretionary condition of probation in section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20), (FOOTNOTE 1) and any other condition it considers to be appropriate. If an alien defendant is subject to deportation, the court may provide, as a condition of supervised release, that he be deported and remain outside the United States, and may order that he be delivered to a duly authorized immigration official for such deportation.

     (e) Modification of Conditions or Revocation. -
The court may, after considering the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6) -

     (1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;
     (2) extend a term of supervised release if less than the maximum authorized term was previously imposed, and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;
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     (3) revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision, if the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than 5 years in prison if the offense that resulted in the term of supervised release is a class A felony, more than 3 years in prison if such offense is a class B felony, more than 2 years in prison if such offense is a class C or D felony, or more than one year in any other case; or
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     (4) order the defendant to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.

     (f) Written Statement of Conditions. -
The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.

     (g) Mandatory Revocation for Possession of Controlled Substance or Firearm or for Refusal To Comply With Drug Testing. -
If the defendant -

     (1) possesses a controlled substance in violation of the condition set forth in subsection (d);
     (2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm; or
     (3) refuses to comply with drug testing imposed as a condition of supervised release;

     the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3).

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     (h) Supervised Release Following Revocation. -
When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3) (Pat II), the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release.

     (i) Delayed Revocation. -
The power of the court to revoke a term of supervised release for violation of a condition of supervised release, and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.

     (j) Supervised Release Terms for Terrorism Predicates. -
Notwithstanding subsection (b), the authorized term of supervised release for any offense listed in section 2332b(g)(5)(B)*, the commission of which resulted in, or created a foreseeable risk of, death or serious bodily injury to another person, (Pat II) is any term of years or life and the sentence for any such offense shall include a term of supervised release of at least 10 years.
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Administrative details omitted

REFERENCES IN TEXT
Section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (d), is classified to section 14071(a)(3) of Title 42, The Public Health and Welfare.

Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (d), is classified to section 14135a of Title 42, The Public Health and Welfare.

Section 3563(a)(4), referred to in subsec. (d), probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103-322, which was renumbered par. (5) by Pub. L. 104-132, title II, Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

Section 3563(b), referred to in subsec. (d), was amended by Pub. L. 104-132, title II, Sec. 203(2)(A), (B), Apr. 24, 1996, 110 Stat. 1227, which struck out par. (2) and redesignated former pars. (3) to (20) as (2) to (19), respectively.

The Federal Rules of Criminal Procedure, referred to in subsec. (e)(1), (2), (3), are set out in the Appendix to this title.


AMENDMENTS
2001 - Subsec. (j). Pub. L. 107-56 added subsec. (j).
remaining amendment details omitted

EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98-473, set out as a note under section 3551 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3401, 3601, 4101 of this title;
title 28 section 994.

 18 USC Sec. 3591                                                               01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 228 - DEATH SENTENCE

Sec. 3591. Sentence of death

     (a) A defendant who has been found guilty of -

     (1) an offense described in section 794 or section 2381; or
     (2) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593 -

     (A) intentionally killed the victim;
     (B) intentionally inflicted serious bodily injury that resulted in the death of the victim;
     (C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or
     (D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act,

     shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.

     (b) A defendant who has been found guilty of -

     (1) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under the conditions described in subsection (b) of that section which involved not less than twice the quantity of controlled substance described in subsection (b)(2)(A) or twice the gross receipts described in subsection (b)(2)(B); or
     (2) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part of a continuing criminal enterprise offense under that section, where the defendant is a principal administrator, organizer, or leader of such an enterprise, and the defendant, in order to obstruct the investigation or prosecution of the enterprise or an offense involved in the enterprise, attempts to kill or knowingly directs, advises, authorizes, or assists another to attempt to kill any public officer, juror, witness, or members of the family or household of such a person,

     shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.

administrative detail omitted

SHORT TITLE
Section 60001 of title VI of Pub. L. 103-322 provided that:

''This title (enacting this chapter and ... (long list of others) ) may be cited as the 'Federal Death Penalty Act of 1994'.''

APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE
Section 60004 of title VI of Pub. L. 103-322 provided that:
''Chapter 228 of title 18, United States Code, as added by this title, shall not apply to prosecutions under the Uniform Code of Military Justice (10 U.S.C. 801).''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3559, 3592, 3593 of this title.

 18 USC Sec. 3592  Has Changes                                           01/22/02

Sec. 3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified

     (a) Mitigating Factors. -
In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following:

     (1) Impaired capacity. -
The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.
     (2) Duress. -
The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.
     (3) Minor participation. -
The defendant is punishable as a principal in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge.
     (4) Equally culpable defendants. -
Another defendant or defendants, equally culpable in the crime, will not be punished by death.
     (5) No prior criminal record. -
The defendant did not have a significant prior history of other criminal conduct.
     (6) Disturbance. -
The defendant committed the offense under severe mental or emotional disturbance.
     (7) Victim's consent. -
The victim consented to the criminal conduct that resulted in the victim's death.
     (8) Other factors. -
Other factors in the defendant's background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence.

     (b) Aggravating Factors for Espionage and Treason. -
In determining whether a sentence of death is justified for an offense described in section 3591(a)(1), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist:

     (1) Prior espionage or treason offense. -
The defendant has previously been convicted of another offense involving espionage or treason for which a sentence of either life imprisonment or death was authorized by law.
     (2) Grave risk to national security. -
In the commission of the offense the defendant knowingly created a grave risk of substantial danger to the national security.
     (3) Grave risk of death. -
In the commission of the offense the defendant knowingly created a grave risk of death to another person.

     The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists.

     (c) Aggravating Factors for Homicide. -
In determining whether a sentence of death is justified for an offense described in section 3591(a)(2), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist:

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     (1) Death during commission of another crime. -
The death, or injury resulting in death, occurred during the commission or attempted commission of, or during the immediate flight from the commission of, an offense under

section 32 (destruction of aircraft or aircraft facilities),
section 33 (destruction of motor vehicles or motor vehicle facilities),
section 36 (FOOTNOTE 1) (violence at international airports),
section 351 (violence against Members of Congress, Cabinet officers, or Supreme Court Justices),
an offense under section 751 (prisoners in custody of institution or officer),
section 794 (gathering or delivering defense information to aid foreign government),
section 844(d) (transportation of explosives in interstate commerce for certain purposes),
section 844(f) (destruction of Government property by explosives),
section 1118 (prisoners serving life term),
section 1201 (kidnapping),
section 844(i) (destruction of property affecting interstate commerce by explosives),
section 1116 (killing or attempted killing of diplomats),
section 1203 (hostage taking),
section 1992 (wrecking trains),
section 2280 (maritime violence),
section 2281 (maritime platform violence),
section 2332 (terrorist acts abroad against United States nationals),
section 2332a (use of weapons of mass destruction),
section 2339D (terrorist offenses resulting in death), or
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section 2381 (treason) of this title, or
section 46502 of title 49, United States Code (aircraft piracy).
(FOOTNOTE 1) So in original. Probably should be section ''37''.     

     (2) Previous conviction of violent felony involving firearm. -
For any offense, other than an offense for which a sentence of death is sought on the basis of section 924(c), the defendant has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than 1 year, involving the use or attempted or threatened use of a firearm (as defined in section 921) against another person.
     (3) Previous conviction of offense for which a sentence of death or life imprisonment was authorized. -
The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute.
     (4) Previous conviction of other serious offenses. -
The defendant has previously been convicted of 2 or more Federal or State offenses, punishable by a term of imprisonment of more than 1 year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury or death upon another person.
     (5) Grave risk of death to additional persons. -
The defendant, in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to 1 or more persons in addition to the victim of the offense.
     (6) Heinous, cruel, or depraved manner of committing offense. -
The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim.
     (7) Procurement of offense by payment. -
The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.
     (8) Pecuniary gain. -
The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.
     (9) Substantial planning and premeditation. -
The defendant committed the offense after substantial planning and premeditation to cause the death of a person or commit an act of terrorism.
     (10) Conviction for two felony drug offenses. -
The defendant has previously been convicted of 2 or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance.
     (11) Vulnerability of victim. -
The victim was particularly vulnerable due to old age, youth, or infirmity.
     (12) Conviction for serious federal drug offenses. -
The defendant had previously been convicted of violating title II or III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 for which a sentence of 5 or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise.
     (13) Continuing criminal enterprise involving drug sales to minors. -
The defendant committed the offense in the course of engaging in a continuing criminal enterprise in violation of section 408(c) of the Controlled Substances Act (21 U.S.C. 848(c)), and that violation involved the distribution of drugs to persons under the age of 21 in violation of section 418 of that Act (21 U.S.C. 859).
     (14) High public officials. -
The defendant committed the offense against -

     (A) the President of the United States, the President-elect, the Vice President, the Vice President-elect, the Vice President-designate, or, if there is no Vice President, the officer next in order of succession to the office of the President of the United States, or any person who is acting as President under the Constitution and laws of the United States;
     (B) a chief of state, head of government, or the political equivalent, of a foreign nation;
     (C) a foreign official listed in section 1116(b)(3)(A), if the official is in the United States on official business; or
     (D) a Federal public servant who is a judge, a law enforcement officer, or an employee of a United States penal or correctional institution -

     (i) while he or she is engaged in the performance of his or her official duties;
     (ii) because of the performance of his or her official duties; or
     (iii) because of his or her status as a public servant.

     For purposes of this subparagraph, a ''law enforcement officer'' is a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, or prosecution or adjudication of an offense, and includes those engaged in corrections, parole, or probation functions.

     (15) Prior conviction of sexual assault or child molestation. -
In the case of an offense under chapter 109A (sexual abuse) or chapter 110 (sexual abuse of children), the defendant has previously been convicted of a crime of sexual assault or crime of child molestation.
     (16) Multiple killings or attempted killings. -
The defendant intentionally killed or attempted to kill more than one person in a single criminal episode.

     The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists.

     (d) Aggravating Factors for Drug Offense Death Penalty. -
In determining whether a sentence of death is justified for an offense described in section 3591(b), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist:

     (1) Previous conviction of offense for which a sentence of death or life imprisonment was authorized. -
The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or death was authorized by statute.
     (2) Previous conviction of other serious offenses. -
The defendant has previously been convicted of two or more Federal or State offenses, each punishable by a term of imprisonment of more than one year, committed on different occasions, involving the importation, manufacture, or distribution of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or the infliction of, or attempted infliction of, serious bodily injury or death upon another person.
     (3) Previous serious drug felony conviction. -
The defendant has previously been convicted of another Federal or State offense involving the manufacture, distribution, importation, or possession of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which a sentence of five or more years of imprisonment was authorized by statute.
     (4) Use of firearm. -
In committing the offense, or in furtherance of a continuing criminal enterprise of which the offense was a part, the defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or injure a person.
     (5) Distribution to persons under 21. -
The offense, or a continuing criminal enterprise of which the offense was a part, involved conduct proscribed by section 418 of the Controlled Substances Act (21 U.S.C. 859) which was committed directly by the defendant.
     (6) Distribution near schools. -
The offense, or a continuing criminal enterprise of which the offense was a part, involved conduct proscribed by section 419 of the Controlled Substances Act (21 U.S.C. 860) which was committed directly by the defendant.
     (7) Using minors in trafficking. -
The offense, or a continuing criminal enterprise of which the offense was a part, involved conduct proscribed by section 420 of the Controlled Substances Act (21 U.S.C. 861) which was committed directly by the defendant.
     (8) Lethal adulterant. -
The offense involved the importation, manufacture, or distribution of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), mixed with a potentially lethal adulterant, and the defendant was aware of the presence of the adulterant.

     The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3591, 3593, 3595 of this title.

 18 USC Sec. 3593                                                                01/22/02

Sec. 3593. Special hearing to determine whether a sentence of death is justified

     (a) Notice by the Government. -
If, in a case involving an offense described in section 3591, the attorney for the government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, the attorney shall, a reasonable time before the trial or before acceptance by the court of a plea of guilty, sign and file with the court, and serve on the defendant, a notice -

     (1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and
     (2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death.

     The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim's family, and may include oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim's family, and any other relevant information. The court may permit the attorney for the government to amend the notice upon a showing of good cause.

     (b) Hearing Before a Court or Jury. -
If the attorney for the government has filed a notice as required under subsection (a) and the defendant is found guilty of or pleads guilty to an offense described in section 3591, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted -

     (1) before the jury that determined the defendant's guilt;
     (2) before a jury impaneled for the purpose of the hearing if -

     (A) the defendant was convicted upon a plea of guilty;
     (B) the defendant was convicted after a trial before the court sitting without a jury;
     (C) the jury that determined the defendant's guilt was discharged for good cause; or
     (D) after initial imposition of a sentence under this section, reconsideration of the sentence under this section is necessary; or

     (3) before the court alone, upon the motion of the defendant and with the approval of the attorney for the government.

     A jury impaneled pursuant to paragraph (2) shall consist of 12 members, unless, at any time before the conclusion of the hearing, the parties stipulate, with the approval of the court, that it shall consist of a lesser number.

     (c) Proof of Mitigating and Aggravating Factors. -
Notwithstanding rule 32(c) (FOOTNOTE 1) of the Federal Rules of Criminal Procedure, when a defendant is found guilty or pleads guilty to an offense under section 3591, no presentence report shall be prepared.
     At the sentencing hearing, information may be presented as to any matter relevant to the sentence, including any mitigating or aggravating factor permitted or required to be considered under section 3592. Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial, or at the trial judge's discretion. The defendant may present any information relevant to a mitigating factor. The government may present any information relevant to an aggravating factor for which notice has been provided under subsection (a). Information is admissible regardless of its admissibility under the rules governing admission of evidence at criminal trials except that information may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury.
     For the purposes of the preceding sentence, the fact that a victim, as defined in section 3510, attended or observed the trial shall not be construed to pose a danger of creating unfair prejudice, confusing the issues, or misleading the jury.
     The government and the defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any aggravating or mitigating factor, and as to the appropriateness in the case of imposing a sentence of death.
     The government shall open the argument. The defendant shall be permitted to reply. The government shall then be permitted to reply in rebuttal.
     The burden of establishing the existence of any aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the information.
(FOOTNOTE 1) So in original. Probably should be ''32(b)''.

     (d) Return of Special Findings. -
The jury, or if there is no jury, the court, shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factor or factors set forth in section 3592 found to exist and any other aggravating factor for which notice has been provided under subsection (a) found to exist. A finding with respect to a mitigating factor may be made by 1 or more members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such factor established for purposes of this section regardless of the number of jurors who concur that the factor has been established. A finding with respect to any aggravating factor must be unanimous. If no aggravating factor set forth in section 3592 is found to exist, the court shall impose a sentence other than death authorized by law.

     (e) Return of a Finding Concerning a Sentence of Death. -
If, in the case of -

     (1) an offense described in section 3591(a)(1), an aggravating factor required to be considered under section 3592(b) is found to exist;
     (2) an offense described in section 3591(a)(2), an aggravating factor required to be considered under section 3592(c) is found to exist; or
     (3) an offense described in section 3591(b), an aggravating factor required to be considered under section 3592(d) is found to exist,

     the jury, or if there is no jury, the court, shall consider whether all the aggravating factor or factors found to exist sufficiently outweigh all the mitigating factor or factors found to exist to justify a sentence of death, or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall recommend whether the defendant should be sentenced to death, to life imprisonment without possibility of release or some other lesser sentence.

     (f) Special Precaution To Ensure Against Discrimination. -
In a hearing held before a jury, the court, prior to the return of a finding under subsection (e), shall instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or of any victim may be. The jury, upon return of a finding under subsection (e), shall also return to the court a certificate, signed by each juror, that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or any victim was not involved in reaching his or her individual decision and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or any victim may be.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3510, 3591, 3594, 3595 of this title.

18 USC Sec 4209.  May have been repealed since the date given.         01/02/01
                                            See also Sec 3583

Has Changes

Sec. 4209. Conditions of parole

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (a) In every case, the Commission shall impose as conditions of parole that the parolee not commit another Federal, State, or local crime, that the parolee not possess illegal controlled substances.(sic) and, if a fine was imposed, that the parolee make a diligent effort to pay the fine in accordance with the judgment.
     In every case, the Commission shall impose as a condition of parole for a person described in section 4042(c)(4), that the parolee report the address where the parolee will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the parolee register in any State where the parolee resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994).
     In every case, the Commission shall impose as a condition of parole that the parolee cooperate in the collection of a DNA sample from the parolee, if the collection of such a sample is authorized pursuant to section 3 or section 4 of the DNA Analysis Backlog Elimination Act of 2000 or section 3 of the Terrorist Identification Database Act of 2002 or section 1565 of title 10.
(Next Changes->)
(Next Patriot II Changes->)
     In every case, the Commission shall also impose as a condition of parole that the parolee pass a drug test prior to release and refrain from any unlawful use of a controlled substance and submit to at least 2 periodic drug tests (as determined by the Commission) for use of a controlled substance.
     The condition stated in the preceding sentence may be ameliorated or suspended by the Commission for any individual parolee if it determines that there is good cause for doing so.
     The results of a drug test administered in accordance with the provisions of the preceding sentence shall be subject to confirmation only if the results are positive, the defendant is subject to possible imprisonment for such failure, and either the defendant denies the accuracy of such test or there is some other reason to question the results of the test. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts after consultation with the Secretary of Health and Human Services may determine to be of equivalent accuracy.
     The Commission shall consider whether the availability of appropriate substance abuse treatment programs, or an individual's current or past participation in such programs, warrants an exception in accordance with United States Sentencing Commission guidelines from the rule of section 4214(f) when considering any action against a defendant who fails a drug test.
     The Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to -

     (1) the nature and circumstances of the offense; and
     (2) the history and characteristics of the parolee;

     and may provide for such supervision and other limitations as are reasonable to protect the public welfare.

     (b) The conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his parole. An effort shall be made to make certain that the parolee understands the conditions of his parole.
     (c) Release on parole or release as if on parole (or probation, or supervised release where applicable) may as a condition of such release require -

     (1) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; or
     (2) a parolee to remain at his place of residence during nonworking hours and, if the Commission so directs, to have compliance with this condition monitored by telephone or electronic signaling devices, except that a condition under this paragraph may be imposed only as an alternative to incarceration.

     A parolee residing in a residential community treatment center pursuant to paragraph (1) of this subsection may be required to pay such costs incident to such residence as the Commission deems appropriate.

     (d)

     (1) The Commission may modify conditions of parole pursuant to this section on its own motion, or on the motion of a United States probation officer supervising a parolee:
Provided, That the parolee receives notice of such action and has ten days after receipt of such notice to express his views on the proposed modification. Following such ten-day period, the Commission shall have twenty-one days, exclusive of holidays, to act upon such motion or application. Notwithstanding any other provision of this paragraph, the Commission may modify conditions of parole, without regard to such ten-day period, on any such motion if the Commission determines that the immediate modification of conditions of parole is required to prevent harm to the parolee or to the public.
     (2) A parolee may petition the Commission on his own behalf for a modification of conditions pursuant to this section.
     (3) The provisions of this subsection shall not apply to modifications of parole conditions pursuant to a revocation proceeding under section 4214.

administrative detail omitted

REFERENCES IN TEXT
Section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (a), is classified to section 14071(a)(3) of Title 42, The Public Health and Welfare.
Sections 3 and 4 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsec. (a), are classified to sections 14135a and 14135b, respectively, of Title 42, The Public Health and Welfare.

administrative details omitted

 18 USC APPENDIX - CLASSIFIED INFORMATION PROCEDURES ACT          01/22/02 
Sec. 4    Has Changes

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
TITLE 18 - APPENDIX
CLASSIFIED INFORMATION PROCEDURES ACT

Sec. 4. Discovery of classified information by defendants
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     The court, upon a sufficient showing, may authorize the United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to substitute a summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified information would tend to prove. The court may shall permit the United States to make a request for such authorization in the form of a written statement to be inspected by the court alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the statement of the United States shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
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-SOURCE-
(Pub. L. 96-456, Sec. 4, Oct. 15, 1980, 94 Stat. 2025.)
 

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