CHAPTER 315—DISCHARGE AND RELEASE PAYMENTS
4282.
Arrested but unconvicted persons.
4285.
Persons released pending further judicial proceedings.
Editorial Notes
Amendments
1984—Pub. L. 98–473, title II, §218(f), Oct. 12, 1984, 98 Stat. 2027, in items 4281, 4283, and 4284, substituted "Repealed" for "Discharge from prison", "Probation", and "Advances for rehabilitation", respectively.
1978—Pub. L. 95–503, §2, Oct. 24, 1978, 92 Stat. 1704, added item 4285.
1952—Act May 15, 1952, ch. 289, §3, 66 Stat. 73, added item 4284.
Section, acts June 25, 1948, ch. 645, 62 Stat. 856; Sept. 19, 1962, Pub. L. 87–672, 76 Stat. 557, related to discharge from prison of a convicted person.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
§4282. Arrested but unconvicted persons
On the release from custody of a person arrested on a charge of violating any law of the United States or of the Territory of Alaska, but not indicted nor informed against, or indicted or informed against but not convicted, and detained pursuant to chapter 207, or a person held as a material witness, the court in its discretion may direct the United States marshal for the district wherein he is released, pursuant to regulations promulgated by the Attorney General, to furnish the person so released with transportation and subsistence to the place of his arrest, or, at his election, to the place of his bona fide residence if such cost is not greater than to the place of arrest.
(June 25, 1948, ch. 645, 62 Stat. 856; Pub. L. 98–473, title II, §207, Oct. 12, 1984, 98 Stat. 1986.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §746a (July 3, 1926, ch. 795, §2, as added June 21, 1941, ch. 212, 55 Stat. 254).
The phrase "informed against" was inserted in two places in view of the fact that under the Federal Rules of Criminal Procedure the use of informations may be expected to increase. See Rule 7(b).
The section was extended to cover a person held as a material witness and unable to make bail. His predicament obviously calls for the relief afforded by the revised section.
Changes were made in phraseology and surplusage omitted.
Editorial Notes
Amendments
1984—Pub. L. 98–473 substituted "and detained pursuant to chapter 207" for "and not admitted to bail" and struck out "and unable to make bail" after "held as a material witness".
Executive Documents
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
Section 4283, act June 25, 1948, ch. 645, 62 Stat. 856, related to furnishing transportation when placing a defendant on probation.
Section 4284, added May 15, 1952, ch. 289, §1, 66 Stat. 72; amended Sept. 13, 1982, Pub. L. 97–258, §3(e)(5), 96 Stat. 1064, related to advances for rehabilitation.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
§4285. Persons released pending further judicial proceedings
Any judge or magistrate judge of the United States, when ordering a person released under chapter 207 on a condition of his subsequent appearance before that court, any division of that court, or any court of the United States in another judicial district in which criminal proceedings are pending, may, when the interests of justice would be served thereby and the United States judge or magistrate judge is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own, direct the United States marshal to arrange for that person's means of noncustodial transportation or furnish the fare for such transportation to the place where his appearance is required, and in addition may direct the United States marshal to furnish that person with an amount of money for subsistence expenses to his destination, not to exceed the amount authorized as a per diem allowance for travel under section 5702(a) of title 5, United States Code. When so ordered, such expenses shall be paid by the marshal out of funds authorized by the Attorney General for such expenses.
(Added Pub. L. 95–503, §1, Oct. 24, 1978, 92 Stat. 1704; amended Pub. L. 101–647, title XXXV, §3599E, Nov. 29, 1990, 104 Stat. 4932; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
Editorial Notes
Amendments
1990—Pub. L. 101–647 substituted "exceed" for "exced" after "not to".
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted for "magistrate" wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective Date
Pub. L. 95–503, §3, Oct. 24, 1978, 92 Stat. 1704, provided that: "The amendments made by this Act [enacting this section] shall take effect on October 1, 1978."