§ 3663. — Order of restitution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3663]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
Sec. 3663. Order of restitution
(a)(1)(A) The court, when sentencing a defendant convicted of an
offense under this title, section 401, 408(a), 409, 416, 420, or 422(a)
of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861,
863) (but in no case shall a participant in an offense under such
sections be considered a victim of such offense under this section), or
section 46312, 46502, or 46504 of title 49, other than an offense
described in section 3663A(c), may order, in addition to or, in the case
of a misdemeanor, in lieu of any other penalty authorized by law, that
the defendant make restitution to any victim of such offense, or if the
victim is deceased, to the victim's estate. The court may also order, if
agreed to by the parties in a plea agreement, restitution to persons
other than the victim of the offense.
(B)(i) The court, in determining whether to order restitution under
this section, shall consider--
(I) the amount of the loss sustained by each victim as a result
of the offense; and
(II) the financial resources of the defendant, the financial
needs and earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems appropriate.
(ii) To the extent that the court determines that the complication
and prolongation of the sentencing process resulting from the fashioning
of an order of restitution under this section outweighs the need to
provide restitution to any victims, the court may decline to make such
an order.
(2) For the purposes of this section, the term ``victim'' means a
person directly and proximately harmed as a result of the commission of
an offense for which restitution may be ordered including, in the case
of an offense that involves as an element a scheme, conspiracy, or
pattern of criminal activity, any person directly harmed by the
defendant's criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, may assume the
victim's rights under this section, but in no event shall the defendant
be named as such representative or guardian.
(3) The court may also order restitution in any criminal case to the
extent agreed to by the parties in a plea agreement.
(b) The order may require that such defendant--
(1) in the case of an offense resulting in damage to or loss or
destruction of property of a victim of the offense--
(A) return the property to the owner of the property or
someone designated by the owner; or
(B) if return of the property under subparagraph (A) is
impossible, impractical, or inadequate, pay an amount equal to
the greater of--
(i) the value of the property on the date of the damage,
loss, or destruction, or
(ii) the value of the property on the date of
sentencing,
less the value (as of the date the property is returned) of any part
of the property that is returned;
(2) in the case of an offense resulting in bodily injury to a
victim including an offense under chapter 109A or chapter 110--
(A) pay an amount equal to the cost of necessary medical and
related professional services and devices relating to physical,
psychiatric, and psychological care, including nonmedical care
and treatment rendered in accordance with a method of healing
recognized by the law of the place of treatment;
(B) pay an amount equal to the cost of necessary physical
and occupational therapy and rehabilitation; and
(C) reimburse the victim for income lost by such victim as a
result of such offense;
(3) in the case of an offense resulting in bodily injury also
results in the death of a victim, pay an amount equal to the cost of
necessary funeral and related services;
(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses related to
participation in the investigation or prosecution of the offense or
attendance at proceedings related to the offense; and
(5) in any case, if the victim (or if the victim is deceased,
the victim's estate) consents, make restitution in services in lieu
of money, or make restitution to a person or organization designated
by the victim or the estate.
(c)(1) Notwithstanding any other provision of law (but subject to
the provisions of subsections (a)(1)(B)(i)(II) and (ii),\1\ when
sentencing a defendant convicted of an offense described in section 401,
408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21
U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no
identifiable victim, the court may order that the defendant make
restitution in accordance with this subsection.
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\1\ So in original. Probably should be ``(ii)),''.
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(2)(A) An order of restitution under this subsection shall be based
on the amount of public harm caused by the offense, as determined by the
court in accordance with guidelines promulgated by the United States
Sentencing Commission.
(B) In no case shall the amount of restitution ordered under this
subsection exceed the amount of the fine which may be ordered for the
offense charged in the case.
(3) Restitution under this subsection shall be distributed as
follows:
(A) 65 percent of the total amount of restitution shall be paid
to the State entity designated to administer crime victim assistance
in the State in which the crime occurred.
(B) 35 percent of the total amount of restitution shall be paid
to the State entity designated to receive Federal substance abuse
block grant funds.
(4) The court shall not make an award under this subsection if it
appears likely that such award would interfere with a forfeiture under
chapter 46 or chapter 96 of this title or under the Controlled
Substances Act (21 U.S.C. 801 et seq.).
(5) Notwithstanding section 3612(c) or any other provision of law, a
penalty assessment under section 3013 or a fine under subchapter C of
chapter 227 shall take precedence over an order of restitution under
this subsection.
(6) Requests for community restitution under this subsection may be
considered in all plea agreements negotiated by the United States.
(7)(A) The United States Sentencing Commission shall promulgate
guidelines to assist courts in determining the amount of restitution
that may be ordered under this subsection.
(B) No restitution shall be ordered under this subsection until such
time as the Sentencing Commission promulgates guidelines pursuant to
this paragraph.
(d) An order of restitution made pursuant to this section shall be
issued and enforced in accordance with section 3664.
(Added Pub. L. 97-291, Sec. 5(a), Oct. 12, 1982, 96 Stat. 1253,
Sec. 3579; renumbered Sec. 3663 and amended Pub. L. 98-473, title II,
Sec. 212(a)(1), (3), Oct. 12, 1984, 98 Stat. 1987, 2010; Pub. L. 98-596,
Sec. 9, Oct. 30, 1984, 98 Stat. 3138; Pub. L. 99-646, Secs. 8(b), 20(a),
77(a), 78(a), 79(a), Nov. 10, 1986, 100 Stat. 3593, 3596, 3618, 3619;
Pub. L. 100-182, Sec. 13, Dec. 7, 1987, 101 Stat. 1268; Pub. L. 100-185,
Sec. 12, Dec. 11, 1987, 101 Stat. 1285; Pub. L. 100-690, title VII,
Sec. 7042, Nov. 18, 1988, 102 Stat. 4399; Pub. L. 101-647, title XXV,
Sec. 2509, title XXXV, Sec. 3595, Nov. 29, 1990, 104 Stat. 4863, 4931;
Pub. L. 103-272, Sec. 5(e)(12), July 5, 1994, 108 Stat. 1374; Pub. L.
103-322, title IV, Secs. 40504, 40505, Sept. 13, 1994, 108 Stat. 1947;
Pub. L. 104-132, title II, Sec. 205(a), Apr. 24, 1996, 110 Stat. 1229;
Pub. L. 104-294, title VI, Secs. 601(r)(1), (2), 605(l), Oct. 11, 1996,
110 Stat. 3502, 3510; Pub. L. 106-310, div. B, title XXXVI,
Sec. 3613(c), Oct. 17, 2000, 114 Stat. 1230.)
References in Text
The Controlled Substances Act, referred to in subsec. (c)(4), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I (Sec. 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
Amendments
2000--Subsec. (c)(2)(B). Pub. L. 106-310 inserted ``which may be''
after ``fine''.
1996--Subsec. (a)(1). Pub. L. 104-132, Sec. 205(a)(1)(A)-(E),
substituted ``(a)(1)(A) The court'' for ``(a)(1) The court'', inserted
``, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled
Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no
case shall a participant in an offense under such sections be considered
a victim of such offense under this section),'' before ``or section
46312,'', ``other than an offense described in section 3663A(c),'' after
``title 49'', and ``, or if the victim is deceased, to the victim's
estate'' before period at end, and added subpar. (B).
Subsec. (a)(1)(A). Pub. L. 104-294, Sec. 601(r)(1), inserted at end
``The court may also order, if agreed to by the parties in a plea
agreement, restitution to persons other than the victim of the
offense.''
Subsec. (a)(2). Pub. L. 104-132, Sec. 205(a)(1)(F), as amended by
Pub. L. 104-294, Sec. 605(l), amended par. (2) generally. Prior to
amendment, par. (2) read as follows: ``For the purposes of restitution,
a victim of an offense that involves as an element a scheme, a
conspiracy, or a pattern of criminal activity means any person directly
harmed by the defendant's criminal conduct in the course of the scheme,
conspiracy, or pattern.''
Subsec. (c). Pub. L. 104-132, Sec. 205(a)(2), (3), added subsec. (c)
and struck out former subsec. (c) which read as follows: ``If the court
decides to order restitution under this section, the court shall, if the
victim is deceased, order that the restitution be made to the victim's
estate.''
Subsec. (c)(4). Pub. L. 104-294, Sec. 601(r)(2), inserted ``or
chapter 96'' after ``under chapter 46''.
Subsec. (d). Pub. L. 104-132, Sec. 205(a)(2), (3), added subsec. (d)
and struck out former subsec. (d) which read as follows: ``To the extent
that the court determines that the complication and prolongation of the
sentencing process resulting from the fashioning of an order of
restitution under this section outweighs the need to provide restitution
to any victims, the court may decline to make such an order.''
Subsecs. (e) to (i). Pub. L. 104-132, Sec. 205(a)(2), struck out
subsecs. (e) to (i), relating to provisions for restitution to persons
who had compensated victims for their loss as well as offsets for
restitution received by victims against amounts later recovered as
compensatory damages, court orders that defendant make restitution in
specified time period or in specified installments, payment of
restitution as condition of probation or of supervised release,
enforcement of restitution orders by United States or by victim, and
supervision, termination, or restoration of eligibility for Federal
benefits of persons delinquent in making restitution, respectively.
1994--Subsec. (a)(1). Pub. L. 103-272 substituted ``section 46312,
46502, or 46504 of title 49'' for ``under subsection (h), (i), (j), or
(n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C.
1472)''.
Subsec. (b)(2). Pub. L. 103-322, Sec. 40504(1), in introductory
provisions, inserted ``including an offense under chapter 109A or
chapter 110'' after ``victim''.
Subsec. (b)(3) to (5). Pub. L. 103-322, Sec. 40504(2)-(4), struck
out ``and'' at end of par. (3), added par. (4), and redesignated former
par. (4) as (5).
Subsec. (i). Pub. L. 103-322, Sec. 40505, added subsec. (i).
1990--Subsec. (a). Pub. L. 101-647, Sec. 2509, designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (f)(4). Pub. L. 101-647, Sec. 3595, substituted
``604(a)(18)'' for ``604(a)(17)''.
1988--Subsec. (h). Pub. L. 100-690 amended subsec. (h) generally.
Prior to amendment, subsec. (h) read as follows: ``An order of
restitution may be enforced by the United States in the manner provided
in sections 3812 and 3813 or in the same manner as a judgment in a civil
action, and by the victim named in the order to receive the restitution
in the same manner as a judgment in a civil action.''
1987--Subsec. (f)(4). Pub. L. 100-185 inserted ``or the person
designated under section 604(a)(17) of title 28'' after ``Attorney
General''.
Subsec. (g). Pub. L. 100-182 substituted ``revoke probation or a
term of supervised release,'' for ``revoke probation,'' in two places
and inserted ``probation or'' after ``modify the term or conditions of''
in two places.
1986--Subsec. (a). Pub. L. 99-646, Sec. 20(a), which directed that
subsec. (a)(1) be amended by inserting ``, in the case of a
misdemeanor,'' after ``in addition to or'', was executed to subsec. (a)
to reflect the probable intent of Congress and the prior amendment to
subsec. (a) by Pub. L. 99-646, Sec. 8(b), below.
Pub. L. 99-646, Sec. 8(b), struck out par. (1) designation, and
struck out par. (2) which read as follows: ``If the court does not order
restitution, or orders only partial restitution, under this section, the
court shall state on the record the reasons therefor.''
Subsec. (a)(1). Pub. L. 99-646, Sec. 79(a), substituted ``such
offense'' for ``the offense''.
Subsec. (d). Pub. L. 99-646, Sec. 77(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``The court
shall impose an order of restitution to the extent that such order is as
fair as possible to the victim and the imposition of such order will not
unduly complicate or prolong the sentencing process.''
Subsec. (h). Pub. L. 99-646, Sec. 78(a), substituted ``in the manner
provided for the collection of fines and penalties by section 3565 or by
a victim'' for ``or a victim''.
1984--Pub. L. 98-473, Sec. 212(a)(1), renumbered section 3579 of
this title as this section.
Subsec. (c). Pub. L. 98-596, Sec. 9(1), substituted ``court'' for
``Court'' after ``If the''.
Subsec. (f)(4). Pub. L. 98-596, Sec. 9(2), added par. (4).
Subsec. (g). Pub. L. 98-473, Sec. 212(a)(3)(A), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``If such
defendant is placed on probation or paroled under this title, any
restitution ordered under this section shall be a condition of such
probation or parole. The court may revoke probation and the Parole
Commission may revoke parole if the defendant fails to comply with such
order. In determining whether to revoke probation or parole, the court
or Parole Commission shall consider the defendant's employment status,
earning ability, financial resources, the willfulness of the defendant's
failure to pay, and any other special circumstances that may have a
bearing on the defendant's ability to pay.''
Subsec. (h). Pub. L. 98-473, Sec. 212(a)(3)(B), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``An order
of restitution may be enforced by the United States in the manner
provided for the collection of fines and penalties by section 3565 or by
a victim named in the order to receive the restitution in the same
manner as a judgment in a civil action.''
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-132 to be effective, to extent
constitutionally permissible, for sentencing proceedings in cases in
which defendant is convicted on or after Apr. 24, 1996, see section 211
of Pub. L. 104-132, set out as a note under section 2248 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set out
as a note under section 3006A of this title.
Effective Date of 1986 Amendment
Amendment by section 8(b) of Pub. L. 99-646 effective Nov. 1, 1987,
see section 8(c) of Pub. L. 99-646, set out as a note under section 3553
of this title.
Amendment by section 20(a) of Pub. L. 99-646 effective Nov. 1, 1987,
see section 20(c) of Pub. L. 99-646, set out as a note under section
3556 of this title.
Section 77(b) of Pub. L. 99-646 provided that: ``The amendment made
by this section [amending this section] shall take effect on the 30th
day after the date of the enactment of this Act [Nov. 10, 1986].''
Section 78(b) of Pub. L. 99-646 provided that: ``The amendment made
by this section [amending this section] shall take effect on the 30th
day after the date of the enactment of this Act [Nov. 10, 1986].''
Section 79(b) of Pub. L. 99-646 provided that: ``The amendment made
by this section [amending this section] shall take effect on the date of
the enactment of this Act [Nov. 10, 1986].''
Effective Date of 1984 Amendments
Amendment by Pub. L. 98-596 applicable to offenses committed after
Dec. 31, 1984, see section 10 of Pub. L. 98-596.
Amendment by section 212(a)(3) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Effective Date
Section effective with respect to offenses occurring after Jan. 1,
1983, see section 9(b)(2) of Pub. L. 97-291, set out as a note under
section 1512 of this title.
Profit by a Criminal From Sale of His Story
Section 7 of Pub. L. 97-291 required the Attorney General to report,
by Oct. 12, 1982, to Congress regarding any laws that are necessary to
ensure that no Federal felon derives any profit from the sale of the
recollections, thoughts, and feelings of such felon with regards to the
offense committed by the felon until any victim of the offense receives
restitution.
Section Referred to in Other Sections
This section is referred to in sections 43, 1593, 2248, 2259, 2264,
2327, 3525, 3556, 3563, 3613, 3664, 4048 of this title; title 12 section
1831k.
