§3522 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A federal probation officer can supervise a person who is on state probation or parole and who gets protection under this chapter, if the Attorney General asks and the state agrees. While under that federal supervision, the person is under federal jurisdiction and must follow the federal laws that apply to probationers or parolees. If the person breaks the memorandum of understanding they signed under section 3521(d), that can be a reason to revoke their probation or parole. The U.S. Parole Commission and its Chair have the same powers over a transferred probationer or parolee as they do for federal parolees, and the rules in sections 4201–4204, 4205(a),(e),(h), 4206–4215, and 4218 apply after any revocation. If a state court ordered the person to pay the victim, that order can be enforced like a U.S. district court judgment. The Attorney General may sue in any U.S. district court to collect the money, and recovered funds must go to the victim.

Title 18, §3522

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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 person so supervised shall be under Federal jurisdiction 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 protection 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 parole, 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 probationer or parolee transferred from State supervision 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 11 See References in Text note below. 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 supervised 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 district court. Proceedings to collect the moneys ordered to be paid may be instituted by the Attorney General in any United States district court. Moneys recovered pursuant to such proceedings shall be distributed to the victim.

Notes & Related Subsidiaries

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 “probationers 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.

§3522 Probationers and parolees