Page:United States Statutes at Large Volume 108 Part 3.djvu/176

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


108 STAT. 1928 PUBLIC LAW 103-322—SEPT. 13, 1994 in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and "(5) for not more than 5 years, in any other case, or both fined and imprisoned. § 2263. Pretrial release of defendant "In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant. "§ 2264. Restitution "(a) IN GENERAL. — Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. " (b) SCOPE AND NATURE OF ORDER.— "(1) DIRECTIONS.—The order of restitution under this section shall direct that— "(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. "(2) ENFORCEMENT BY VICTIM. —An order of restitution also may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. "(3) DEFINITION.— For purposes of this subsection, the term 'full amount of the victim's losses' includes any costs incurred by the victim for— "(A) medical services relating to physical, psychiatric, or psychological care; "(B) physical and occupational therapy or rehabilitation; "(C) necessary transportation, temporary housing, and child care expenses; "(D) lost income; "(E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and "(F) any other losses suffered by the victim as a proximate result of the offense. "(4) ORDER MANDATORY.—(A) The issuance of a restitution order under this section is mandatory. "(B) A court may not decline to issue an order under this section because of— "(i) the economic circumstances of the defendant; or "(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. "(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid.