Page:United States Statutes at Large Volume 62 Part 1.djvu/872

This page needs to be proofread.

PUBLIC LAWS-CH. 645-JUNE 25, 1948 Arrest during proba- tion period. § 3651. SUSPENSION OF SENTENCE AND PROBATION Upon entering a judgment of conviction of any offense not punish- able by death or life imprisonment, any court having jurisdiction to try offenses against the United States, except in the District of Colum- bia, when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution of sentence and place the defendant on probation for such period and upon such terms and conditions as the court deems best. Probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limita- tion, shall extend to the entire sentence and judgment. The court may revoke or modify any condition of probation, or may change the period of probation. The period of probation, together with any extension thereof, shall not exceed five years. While on probation and among the conditions thereof, the defendant- May be required to pay a fine in one or several sums; and May be required to make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had; and May be required to provide for the support of any persons, for whose support he is legally responsible. The defendant's liability for any fine or other punishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation. § 3652. PROBATION--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Probation as provided by law, Rule 32 (e). Presentence investigation, Rule 32 (c). § 3653. REPORT OF PROBATION OFFICER AND ARREST OF PROBATIONER When directed by the court, the probation officer shall report to the court, with a statement of the conduct of the probationer while on probation. The court may thereupon discharge the probationer from further supervision and may terminate the proceedings against him, or may extend the probation, as shall seem advisable. At any time within the probation period the probation officer may, without a warrant, arrest the probationer wherever found. At any time within the probation period, or within five years after the expira- tion of the probation period, for violation of probation occurring during the probation period, the court which granted probation may issue a warrant for the probationer's arrest. The warrant may be executed either by the probation officer or the United States marshal for either the district in which the probationer was placed upon pro- bation or for any district in which he is found. If the probationer is arrested in a district other than that in which he was placed upon probation, the officer making the arrest may return him to the district in which the warrant was issued. Such probationer shall forthwith be taken before the court and the court may revoke the probation and require him to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed. 842 [62 STAT.