US (United States) Code. Title 18. Chapter 207: Release and detention pending judicial proceedings

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 207 - RELEASE AND DETENTION PENDING

JUDICIAL PROCEEDINGS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

.

-HEAD-

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-MISC1-

Sec.

3141. Release and detention authority generally.

3142. Release or detention of a defendant pending trial.

3143. Release or detention of a defendant pending sentence or

appeal.

3144. Release or detention of a material witness.

3145. Review and appeal of a release or detention order.

3146. Penalty for failure to appear.

3147. Penalty for an offense committed while on release.

3148. Sanctions for violation of a release condition.

3149. Surrender of an offender by a surety.

3150. Applicability to a case removed from a State court.

(3150a. Repealed.)

3151. Refund of forfeited bail.

3152. Establishment of pretrial services.

3153. Organization and administration of pretrial services.

3154. Functions and powers relating to pretrial services.

3155. Annual reports.

3156. Definitions.

AMENDMENTS

1988 - Pub. L. 100-690, title VII, Sec. 7084(b), Nov. 18, 1988,

102 Stat. 4408, added item 3151.

1984 - Pub. L. 98-473, title II, Sec. 203(e), Oct. 12, 1984, 98

Stat. 1985, inserted ''AND DETENTION PENDING JUDICIAL PROCEEDING''

in chapter heading, added new items 3141 to 3150, and struck out

former items 3141 to 3151 as follows: item 3141 ''Power of courts

and magistrates'', item 3142 ''Surrender by bail'', item 3143

''Additional bail'', item 3144 ''Cases removed from State courts'',

item 3145 ''Parties and witnesses - Rule'', item 3146 ''Release in

noncapital cases prior to trial'', item 3147 ''Appeal from

conditions of release'', item 3148 ''Release in capital cases or

after conviction'', item 3149 ''Release of material witnesses'',

item 3150 ''Penalties for failure to appear'', item 3150a ''Refund

of forfeited bail'', item 3151 ''Contempt''.

1982 - Pub. L. 97-267, Sec. 6, Sept. 27, 1982, 96 Stat. 1138,

struck out ''agencies'' after ''services'' in item 3152,

substituted ''and administration of pretrial services'' for ''of

pretrial services agencies'' in item 3153, ''relating to pretrial

services'' for ''of pretrial services agencies'' in item 3154, and

''Annual reports'' for ''Report to Congress'' in item 3155.

Pub. L. 97-258, Sec. 2(d)(3)(A), Sept. 13, 1982, 96 Stat. 1058,

added item 3150a.

1975 - Pub. L. 93-619, title II, Sec. 202, Jan. 3, 1975, 88 Stat.

2089, added items 3153 to 3156, and in item 3152, substituted

''Establishment of Pretrial Services Agencies'' for

''Definitions''.

1966 - Pub. L. 89-465, Sec. 3(b), 5(e)(1), June 22, 1966, 80

Stat. 216, 217, substituted ''RELEASE'' for ''BAIL'' in chapter

heading and ''Release in noncapital cases prior to trial'' for

''Jumping Bail'' in item 3146, and added items 3147 to 3152.

1954 - Act Aug. 20, 1954, ch. 772, Sec. 2, 68 Stat. 748, added

item 3146.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3041, 3062, 3265, 4241,

4282, 4285, 5037 of this title.

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18 USC Sec. 3141 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3141. Release and detention authority generally

-STATUTE-

(a) Pending Trial. - A judicial officer authorized to order the

arrest of a person under section 3041 of this title before whom an

arrested person is brought shall order that such person be released

or detained, pending judicial proceedings, under this chapter.

(b) Pending Sentence or Appeal. - A judicial officer of a court

of original jurisdiction over an offense, or a judicial officer of

a Federal appellate court, shall order that, pending imposition or

execution of sentence, or pending appeal of conviction or sentence,

a person be released or detained under this chapter.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1976; amended Pub. L. 99-646, Sec. 55(a), (b), Nov. 10, 1986,

100 Stat. 3607.)

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PRIOR PROVISIONS

A prior section 3141, acts June 25, 1948, ch. 645, 62 Stat. 821;

June 22, 1966, Pub. L. 89-465, Sec. 5(b), 80 Stat. 217, related to

powers of courts and magistrates with respect to release on bail or

otherwise, prior to repeal in the revision of this chapter by

section 203(a) of Pub. L. 98-473.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(a), (b), substituted

''authorized to order the arrest of a person under section 3041 of

this title before whom an arrested person is brought shall order

that such person be released'' for ''who is authorized to order the

arrest of a person pursuant to section 3041 of this title shall

order that an arrested person who is brought before him be

released'' and ''under this chapter'' for ''pursuant to the

provisions of this chapter''.

Subsec. (b). Pub. L. 99-646, Sec. 55(a), substituted ''under this

chapter'' for ''pursuant to the provisions of this chapter''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 55(j) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section and sections 3142 to

3144, 3146 to 3148, and 3156 of this title) shall take effect 30

days after the date of enactment of this Act (Nov. 10, 1986).''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-647, title IX, Sec. 901, Nov. 29, 1990, 104 Stat.

4826, provided that: ''This title (amending sections 3143 and 3145

of this title) may be cited as the 'Mandatory Detention for

Offenders Convicted of Serious Crimes Act'.''

SHORT TITLE OF 1984 AMENDMENT

Section 202 of chapter I (Sec. 202-210) of title II of Pub. L.

98-473 provided that: ''This chapter (enacting sections 3062 and

3141 to 3150 of this title, amending sections 3041, 3042, 3154,

3156, 3731, 3772, and 4282 of this title and section 636 of Title

28, Judiciary and Judicial Procedure, repealing sections 3043 and

3141 to 3151 of this title, and amending rules 5, 15, 40, 46, and

54 of the Federal Rules of Criminal Procedure, set out in the

Appendix to this title, and rule 9 of the Federal Rules of

Appellate Procedure, set out in the Appendix to Title 28) may be

cited as the 'Bail Reform Act of 1984'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-267, Sec. 1, Sept. 27, 1982, 96 Stat. 1136, provided:

''That this Act (amending sections 3152 to 3155 of this title and

section 604 of Title 28, Judiciary and Judicial Procedure, and

enacting provisions set out as notes under sections 3141 and 3152

of this title) may be cited as the 'Pretrial Services Act of

1982'.''

SHORT TITLE

Section 1 of Pub. L. 89-465 provided: ''That this Act (enacting

sections 3146 to 3152 of this title, amending sections 3041, 3141

to 3143, and 3568 of this title, and enacting provisions set out as

a note below) may be cited as the 'Bail Reform Act of 1966'.''

PURPOSE OF BAIL REFORM ACT OF 1966

Section 2 of Pub. L. 89-465 provided that: ''The purpose of this

Act (enacting sections 3146 to 3152 of this title, amending

sections 3041, 3141 to 3143, and 3568 of this title and enacting

provisions set out as a note above) is to revise the practices

relating to bail to assure that all persons, regardless of their

financial status, shall not needlessly be detained pending their

appearance to answer charges, to testify, or pending appeal, when

detention serves neither the ends of justice nor the public

interest.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title.

-CITE-

18 USC Sec. 3142 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3142. Release or detention of a defendant pending trial

-STATUTE-

(a) In General. - Upon the appearance before a judicial officer

of a person charged with an offense, the judicial officer shall

issue an order that, pending trial, the person be -

(1) released on personal recognizance or upon execution of an

unsecured appearance bond, under subsection (b) of this section;

(2) released on a condition or combination of conditions under

subsection (c) of this section;

(3) temporarily detained to permit revocation of conditional

release, deportation, or exclusion under subsection (d) of this

section; or

(4) detained under subsection (e) of this section.

(b) Release on Personal Recognizance or Unsecured Appearance

Bond. - The judicial officer shall order the pretrial release of

the person on personal recognizance, or upon execution of an

unsecured appearance bond in an amount specified by the court,

subject to the condition that the person not commit a Federal,

State, or local crime during the period of release, unless the

judicial officer determines that such release will not reasonably

assure the appearance of the person as required or will endanger

the safety of any other person or the community.

(c) Release on Conditions. - (1) If the judicial officer

determines that the release described in subsection (b) of this

section will not reasonably assure the appearance of the person as

required or will endanger the safety of any other person or the

community, such judicial officer shall order the pretrial release

of the person -

(A) subject to the condition that the person not commit a

Federal, State, or local crime during the period of release; and

(B) subject to the least restrictive further condition, or

combination of conditions, that such judicial officer determines

will reasonably assure the appearance of the person as required

and the safety of any other person and the community, which may

include the condition that the person -

(i) remain in the custody of a designated person, who agrees

to assume supervision and to report any violation of a release

condition to the court, if the designated person is able

reasonably to assure the judicial officer that the person will

appear as required and will not pose a danger to the safety of

any other person or the community;

(ii) maintain employment, or, if unemployed, actively seek

employment;

(iii) maintain or commence an educational program;

(iv) abide by specified restrictions on personal

associations, place of abode, or travel;

(v) avoid all contact with an alleged victim of the crime and

with a potential witness who may testify concerning the

offense;

(vi) report on a regular basis to a designated law

enforcement agency, pretrial services agency, or other agency;

(vii) comply with a specified curfew;

(viii) refrain from possessing a firearm, destructive device,

or other dangerous weapon;

(ix) refrain from excessive use of alcohol, or any use of a

narcotic drug or other controlled substance, as defined in

section 102 of the Controlled Substances Act (21 U.S.C. 802),

without a prescription by a licensed medical practitioner;

(x) undergo available medical, psychological, or psychiatric

treatment, including treatment for drug or alcohol dependency,

and remain in a specified institution if required for that

purpose;

(xi) execute an agreement to forfeit upon failing to appear

as required, property of a sufficient unencumbered value,

including money, as is reasonably necessary to assure the

appearance of the person as required, and shall provide the

court with proof of ownership and the value of the property

along with information regarding existing encumbrances as the

judicial office may require;

(xii) execute a bail bond with solvent sureties; who will

execute an agreement to forfeit in such amount as is reasonably

necessary to assure appearance of the person as required and

shall provide the court with information regarding the value of

the assets and liabilities of the surety if other than an

approved surety and the nature and extent of encumbrances

against the surety's property; such surety shall have a net

worth which shall have sufficient unencumbered value to pay the

amount of the bail bond;

(xiii) return to custody for specified hours following

release for employment, schooling, or other limited purposes;

and

(xiv) satisfy any other condition that is reasonably

necessary to assure the appearance of the person as required

and to assure the safety of any other person and the community.

(2) The judicial officer may not impose a financial condition

that results in the pretrial detention of the person.

(3) The judicial officer may at any time amend the order to

impose additional or different conditions of release.

(d) Temporary Detention To Permit Revocation of Conditional

Release, Deportation, or Exclusion. - If the judicial officer

determines that -

(1) such person -

(A) is, and was at the time the offense was committed, on -

(i) release pending trial for a felony under Federal,

State, or local law;

(ii) release pending imposition or execution of sentence,

appeal of sentence or conviction, or completion of sentence,

for any offense under Federal, State, or local law; or

(iii) probation or parole for any offense under Federal,

State, or local law; or

(B) is not a citizen of the United States or lawfully

admitted for permanent residence, as defined in section

101(a)(20) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(20)); and

(2) such person may flee or pose a danger to any other person

or the community;

such judicial officer shall order the detention of such person, for

a period of not more than ten days, excluding Saturdays, Sundays,

and holidays, and direct the attorney for the Government to notify

the appropriate court, probation or parole official, or State or

local law enforcement official, or the appropriate official of the

Immigration and Naturalization Service. If the official fails or

declines to take such person into custody during that period, such

person shall be treated in accordance with the other provisions of

this section, notwithstanding the applicability of other provisions

of law governing release pending trial or deportation or exclusion

proceedings. If temporary detention is sought under paragraph

(1)(B) of this subsection, such person has the burden of proving to

the court such person's United States citizenship or lawful

admission for permanent residence.

(e) Detention. - If, after a hearing pursuant to the provisions

of subsection (f) of this section, the judicial officer finds that

no condition or combination of conditions will reasonably assure

the appearance of the person as required and the safety of any

other person and the community, such judicial officer shall order

the detention of the person before trial. In a case described in

subsection (f)(1) of this section, a rebuttable presumption arises

that no condition or combination of conditions will reasonably

assure the safety of any other person and the community if such

judicial officer finds that -

(1) the person has been convicted of a Federal offense that is

described in subsection (f)(1) of this section, or of a State or

local offense that would have been an offense described in

subsection (f)(1) of this section if a circumstance giving rise

to Federal jurisdiction had existed;

(2) the offense described in paragraph (1) of this subsection

was committed while the person was on release pending trial for a

Federal, State, or local offense; and

(3) a period of not more than five years has elapsed since the

date of conviction, or the release of the person from

imprisonment, for the offense described in paragraph (1) of this

subsection, whichever is later.

Subject to rebuttal by the person, it shall be presumed that no

condition or combination of conditions will reasonably assure the

appearance of the person as required and the safety of the

community if the judicial officer finds that there is probable

cause to believe that the person committed an offense for which a

maximum term of imprisonment of ten years or more is prescribed in

the Controlled Substances Act (21 U.S.C. 801 et seq.), the

Controlled Substances Import and Export Act (21 U.S.C. 951 et

seq.), the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901

et seq.), or an offense under section 924(c), 956(a), or 2332b of

title 18 of the United States Code.

(f) Detention Hearing. - The judicial officer shall hold a

hearing to determine whether any condition or combination of

conditions set forth in subsection (c) of this section will

reasonably assure the appearance of such person as required and the

safety of any other person and the community -

(1) upon motion of the attorney for the Government, in a case

that involves -

(A) a crime of violence;

(B) an offense for which the maximum sentence is life

imprisonment or death;

(C) an offense for which a maximum term of imprisonment of

ten years or more is prescribed in the Controlled Substances

Act (21 U.S.C. 801 et seq.), the Controlled Substances Import

and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug

Law Enforcement Act (46 U.S.C. App. 1901 et seq.); or

(D) any felony if such person has been convicted of two or

more offenses described in subparagraphs (A) through (C) of

this paragraph, or two or more State or local offenses that

would have been offenses described in subparagraphs (A) through

(C) of this paragraph if a circumstance giving rise to Federal

jurisdiction had existed, or a combination of such offenses; or

(2) upon motion of the attorney for the Government or upon the

judicial officer's own motion in a case, that involves -

(A) a serious risk that such person will flee; or

(B) a serious risk that such person will obstruct or attempt

to obstruct justice, or threaten, injure, or intimidate, or

attempt to threaten, injure, or intimidate, a prospective

witness or juror.

The hearing shall be held immediately upon the person's first

appearance before the judicial officer unless that person, or the

attorney for the Government, seeks a continuance. Except for good

cause, a continuance on motion of such person may not exceed five

days (not including any intermediate Saturday, Sunday, or legal

holiday), and a continuance on motion of the attorney for the

Government may not exceed three days (not including any

intermediate Saturday, Sunday, or legal holiday). During a

continuance, such person shall be detained, and the judicial

officer, on motion of the attorney for the Government or sua

sponte, may order that, while in custody, a person who appears to

be a narcotics addict receive a medical examination to determine

whether such person is an addict. At the hearing, such person has

the right to be represented by counsel, and, if financially unable

to obtain adequate representation, to have counsel appointed. The

person shall be afforded an opportunity to testify, to present

witnesses, to cross-examine witnesses who appear at the hearing,

and to present information by proffer or otherwise. The rules

concerning admissibility of evidence in criminal trials do not

apply to the presentation and consideration of information at the

hearing. The facts the judicial officer uses to support a finding

pursuant to subsection (e) that no condition or combination of

conditions will reasonably assure the safety of any other person

and the community shall be supported by clear and convincing

evidence. The person may be detained pending completion of the

hearing. The hearing may be reopened, before or after a

determination by the judicial officer, at any time before trial if

the judicial officer finds that information exists that was not

known to the movant at the time of the hearing and that has a

material bearing on the issue whether there are conditions of

release that will reasonably assure the appearance of such person

as required and the safety of any other person and the community.

(g) Factors To Be Considered. - The judicial officer shall, in

determining whether there are conditions of release that will

reasonably assure the appearance of the person as required and the

safety of any other person and the community, take into account the

available information concerning -

(1) the nature and circumstances of the offense charged,

including whether the offense is a crime of violence or involves

a narcotic drug;

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person, including -

(A) the person's character, physical and mental condition,

family ties, employment, financial resources, length of

residence in the community, community ties, past conduct,

history relating to drug or alcohol abuse, criminal history,

and record concerning appearance at court proceedings; and

(B) whether, at the time of the current offense or arrest,

the person was on probation, on parole, or on other release

pending trial, sentencing, appeal, or completion of sentence

for an offense under Federal, State, or local law; and

(4) the nature and seriousness of the danger to any person or

the community that would be posed by the person's release. In

considering the conditions of release described in subsection

(c)(1)(B)(xi) or (c)(1)(B)(xii) of this section, the judicial

officer may upon his own motion, or shall upon the motion of the

Government, conduct an inquiry into the source of the property to

be designated for potential forfeiture or offered as collateral

to secure a bond, and shall decline to accept the designation, or

the use as collateral, of property that, because of its source,

will not reasonably assure the appearance of the person as

required.

(h) Contents of Release Order. - In a release order issued under

subsection (b) or (c) of this section, the judicial officer shall -

(1) include a written statement that sets forth all the

conditions to which the release is subject, in a manner

sufficiently clear and specific to serve as a guide for the

person's conduct; and

(2) advise the person of -

(A) the penalties for violating a condition of release,

including the penalties for committing an offense while on

pretrial release;

(B) the consequences of violating a condition of release,

including the immediate issuance of a warrant for the person's

arrest; and

(C) sections 1503 of this title (relating to intimidation of

witnesses, jurors, and officers of the court), 1510 (relating

to obstruction of criminal investigations), 1512 (tampering

with a witness, victim, or an informant), and 1513 (retaliating

against a witness, victim, or an informant).

(i) Contents of Detention Order. - In a detention order issued

under subsection (e) of this section, the judicial officer shall -

(1) include written findings of fact and a written statement of

the reasons for the detention;

(2) direct that the person be committed to the custody of the

Attorney General for confinement in a corrections facility

separate, to the extent practicable, from persons awaiting or

serving sentences or being held in custody pending appeal;

(3) direct that the person be afforded reasonable opportunity

for private consultation with counsel; and

(4) direct that, on order of a court of the United States or on

request of an attorney for the Government, the person in charge

of the corrections facility in which the person is confined

deliver the person to a United States marshal for the purpose of

an appearance in connection with a court proceeding.

The judicial officer may, by subsequent order, permit the temporary

release of the person, in the custody of a United States marshal or

another appropriate person, to the extent that the judicial officer

determines such release to be necessary for preparation of the

person's defense or for another compelling reason.

(j) Presumption of Innocence. - Nothing in this section shall be

construed as modifying or limiting the presumption of innocence.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1976; amended Pub. L. 99-646, Sec. 55(a), (c), 72, Nov. 10,

1986, 100 Stat. 3607, 3617; Pub. L. 100-690, title VII, Sec. 7073,

Nov. 18, 1988, 102 Stat. 4405; Pub. L. 101-647, title X, Sec.

1001(b), title XXXVI, Sec. 3622-3624, Nov. 29, 1990, 104 Stat.

4827, 4965; Pub. L. 104-132, title VII, Sec. 702(d), 729, Apr. 24,

1996, 110 Stat. 1294, 1302.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsecs. (e) and

(f)(1)(C), 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.

The Controlled Substances Import and Export Act, referred to in

subsecs. (e) and (f)(1)(C), is title III of Pub. L. 91-513, Oct.

27, 1970, 84 Stat. 1285, as amended, which is classified

principally to subchapter II (Sec. 951 et seq.) of chapter 13 of

Title 21. For complete classification of this Act to the Code, see

Short Title note set out under section 951 of Title 21 and Tables.

The Maritime Drug Law Enforcement Act, referred to in subsecs.

(e) and (f)(1)(C), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat.

1159, as amended, which is classified generally to chapter 38 (Sec.

1901 et seq.) of Title 46, Appendix, Shipping. For complete

classification of this Act to the Code, see section 1901 of Title

46, Appendix, and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 3142, acts June 25, 1948, ch. 645, 62 Stat. 821;

June 22, 1966, Pub. L. 89-465, Sec. 5(c), 80 Stat. 217, set forth

provisions relating to surrender by bail, prior to repeal in the

revision of this chapter by section 203(a) of Pub. L. 98-473.

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-132, Sec. 702(d), inserted '',

956(a), or 2332b'' after ''section 924(c)'' in concluding

provisions.

Subsec. (f). Pub. L. 104-132, Sec. 729, in concluding provisions,

inserted ''(not including any intermediate Saturday, Sunday, or

legal holiday)'' after ''five days'' and after ''three days''.

1990 - Subsec. (c)(1)(B)(xi). Pub. L. 101-647, Sec. 3622, amended

cl. (xi) generally. Prior to amendment, cl. (xi) read as follows:

''execute an agreement to forfeit upon failing to appear as

required, such designated property, including money, as is

reasonably necessary to assure the appearance of the person as

required, and post with the court such indicia of ownership of the

property or such percentage of the money as the judicial officer

may specify;''.

Subsec. (c)(1)(B)(xii). Pub. L. 101-647, Sec. 3623, amended cl.

(xii) generally. Prior to amendment, cl. (xii) read as follows:

''execute a bail bond with solvent sureties in such amount as is

reasonably necessary to assure the appearance of the person as

required;''.

Subsecs. (e), (f)(1)(C). Pub. L. 101-647, Sec. 1001(b),

substituted ''the Maritime Drug Law Enforcement Act (46 U.S.C. App.

1901 et seq.)'' for ''section 1 of the Act of September 15, 1980

(21 U.S.C. 955a)''.

Subsec. (g)(4). Pub. L. 101-647, Sec. 3624, substituted

''subsection (c)(1)(B)(xi) or (c)(1)(B)(xii)'' for ''subsection

(c)(2)(K) or (c)(2)(L)''.

1988 - Subsec. (c)(3). Pub. L. 100-690 substituted ''the order''

for ''order''.

1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(a), (c)(1), in par.

(1) struck out ''his'' after ''released on'' and substituted

''under subsection (b) of this section'' for ''pursuant to the

provisions of subsection (b)'', in par. (2) substituted ''under

subsection (c) of this section'' for ''pursuant to the provisions

of subsection (c)'', in par. (3) substituted ''under subsection (d)

of this section'' for ''pursuant to provisions of subsection (d)'',

and in par. (4) substituted ''under subsection (e) of this

section'' for ''pursuant to provisions of subsection (e)''.

Subsec. (b). Pub. L. 99-646, Sec. 55(c)(2), struck out ''his''

after ''person on'' and ''period of''.

Subsec. (c). Pub. L. 99-646, Sec. 55(c)(3), designated existing

provision as par. (1) and redesignated former pars. (1) and (2) as

subpars. (A) and (B), in provision preceding subpar. (A)

substituted ''subsection (b) of this section'' for ''subsection

(b)'' and ''such judicial officer'' for ''he'', in subpar. (B)

redesignated subpars. (A) to (N) as cls. (i) to (xiv), in provision

preceding cl. (i) substituted ''such judicial officer'' for ''he'',

in cl. (i) substituted ''assume supervision'' for ''supervise

him'', in cl. (iv) substituted ''on personal'' for ''on his

personal'', in cl. (x) substituted ''medical, psychological,'' for

''medical'', designated provision relating to the judicial officer

not imposing a financial condition that results in the pretrial

detention of a person as par. (2), and designated provision

permitting the judicial officer to impose at any time additional or

different conditions of release as par. (3), and in par. (3) struck

out ''his'' after ''amend''.

Subsec. (d). Pub. L. 99-646, Sec. 55(c)(4), in pars. (1) and (2)

substituted ''such person'' for ''the person'' and in concluding

provisions substituted ''such person'' for ''the person'' in four

places, ''such judicial officer'' for ''he'', ''paragraph (1)(B) of

this subsection'' for ''paragraph (1)(B)'', and ''such person's

United States citizenship or lawful admission'' for ''that he is a

citizen of the United States or is lawfully admitted''.

Subsec. (e). Pub. L. 99-646, Sec. 55(c)(5), in introductory

provisions inserted ''of this section'' after ''subsection (f)''

and substituted ''such judicial officer'' for ''he'', ''before''

for ''prior to'', ''described in subsection (f)(1) of this

section'' for ''described in (f)(1)'', and ''if such judicial

officer'' for ''if the judge'', in par. (1) inserted ''of this

section'' after ''subsection (f)(1)'' in two places, and in pars.

(2) and (3) inserted ''of this section'' after ''paragraph (1)''.

Subsec. (f). Pub. L. 99-646, Sec. 72, in par. (1)(D) substituted

''any felony if the person has been convicted of two or more

offenses'' for ''any felony committed after the person had been

convicted of two or more prior offenses'' and inserted '', or a

combination of such offenses'', in par. (2)(A) inserted ''or''

after ''flee;'', and in concluding provisions, inserted provision

permitting the hearing to be reopened at any time before trial if

the judicial officer finds that information exists that was unknown

to the movant at the time of the hearing and that has a material

bearing on whether there are conditions of release that will

reasonably assure the appearance of the person as required and the

safety of any other person and the community.

Pub. L. 99-646, Sec. 55(c)(6), substituted ''such person'' for

''the person'' wherever appearing, in introductory provision

inserted ''of this section'' after ''subsection (c)'' and struck

out ''in a case'' after ''community'', in par. (1) inserted ''in a

case'' and in subpar. (D) of par. (1) inserted ''of this

paragraph'' in two places, in par. (2) substituted ''upon'' for

''Upon'' and inserted ''in a case'', and in concluding provisions,

substituted ''sua sponte'' for ''on his own motion'', ''whether

such person is an addict'' for ''whether he is an addict'', and

''financially'' for ''he is financially'', and struck out ''for

him'' after ''appointed'' and ''on his own behalf'' after

''witnesses''.

Subsec. (g). Pub. L. 99-646, Sec. 55(c)(7), in par. (3)(A)

substituted ''the person's'' for ''his'', in par. (3)(B)

substituted ''the person'' for ''he'', and in par. (4) inserted

''of this section''.

Subsec. (h). Pub. L. 99-646, Sec. 55(a), (c)(8), in introductory

provision substituted ''under'' for ''pursuant to the provisions

of'' and inserted ''of this section'' and in par. (2)(C) struck out

''the provisions of'' before ''sections 1503''.

Subsec. (i). Pub. L. 99-646, Sec. 55(a), (c)(9), in introductory

provision substituted ''under'' for ''pursuant to the provisions

of'' and inserted ''of this section'' and in par. (3) struck out

''his'' after ''consultation with''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by sections 3622 to 3624 of Pub. L. 101-647 effective

180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101-647,

set out as an Effective Date note under section 3001 of Title 28,

Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,

1986, see section 55(j) of Pub. L. 99-646, set out as a note under

section 3141 of this title.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2263, 3041, 3042, 3062,

3143, 3144, 3146, 3148, 3156, 3264, 3265, 3582, 4014 of this title;

title 8 sections 1536, 1537; title 28 section 636.

-CITE-

18 USC Sec. 3143 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3143. Release or detention of a defendant pending sentence or

appeal

-STATUTE-

(a) Release or Detention Pending Sentence. - (1) Except as

provided in paragraph (2), the judicial officer shall order that a

person who has been found guilty of an offense and who is awaiting

imposition or execution of sentence, other than a person for whom

the applicable guideline promulgated pursuant to 28 U.S.C. 994 does

not recommend a term of imprisonment, be detained, unless the

judicial officer finds by clear and convincing evidence that the

person is not likely to flee or pose a danger to the safety of any

other person or the community if released under section 3142(b) or

(c). If the judicial officer makes such a finding, such judicial

officer shall order the release of the person in accordance with

section 3142(b) or (c).

(2) The judicial officer shall order that a person who has been

found guilty of an offense in a case described in subparagraph (A),

(B), or (C) of subsection (f)(1) of section 3142 and is awaiting

imposition or execution of sentence be detained unless -

(A)(i) the judicial officer finds there is a substantial

likelihood that a motion for acquittal or new trial will be

granted; or

(ii) an attorney for the Government has recommended that no

sentence of imprisonment be imposed on the person; and

(B) the judicial officer finds by clear and convincing evidence

that the person is not likely to flee or pose a danger to any

other person or the community.

(b) Release or Detention Pending Appeal by the Defendant. - (1)

Except as provided in paragraph (2), the judicial officer shall

order that a person who has been found guilty of an offense and

sentenced to a term of imprisonment, and who has filed an appeal or

a petition for a writ of certiorari, be detained, unless the

judicial officer finds -

(A) by clear and convincing evidence that the person is not

likely to flee or pose a danger to the safety of any other person

or the community if released under section 3142(b) or (c) of this

title; and

(B) that the appeal is not for the purpose of delay and raises

a substantial question of law or fact likely to result in -

(i) reversal,

(ii) an order for a new trial,

(iii) a sentence that does not include a term of

imprisonment, or

(iv) a reduced sentence to a term of imprisonment less than

the total of the time already served plus the expected duration

of the appeal process.

If the judicial officer makes such findings, such judicial officer

shall order the release of the person in accordance with section

3142(b) or (c) of this title, except that in the circumstance

described in subparagraph (B)(iv) of this paragraph, the judicial

officer shall order the detention terminated at the expiration of

the likely reduced sentence.

(2) The judicial officer shall order that a person who has been

found guilty of an offense in a case described in subparagraph (A),

(B), or (C) of subsection (f)(1) of section 3142 and sentenced to a

term of imprisonment, and who has filed an appeal or a petition for

a writ of certiorari, be detained.

(c) Release or Detention Pending Appeal by the Government. - The

judicial officer shall treat a defendant in a case in which an

appeal has been taken by the United States under section 3731 of

this title, in accordance with section 3142 of this title, unless

the defendant is otherwise subject to a release or detention

order. Except as provided in subsection (b) of this section, the

judicial officer, in a case in which an appeal has been taken by

the United States under section 3742, shall -

(1) if the person has been sentenced to a term of imprisonment,

order that person detained; and

(2) in any other circumstance, release or detain the person

under section 3142.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1981; amended Pub. L. 98-473, title II, Sec. 223(f), Oct. 12,

1984, 98 Stat. 2028; Pub. L. 99-646, Sec. 51(a), (b), 55(a), (d),

Nov. 10, 1986, 100 Stat. 3605-3607, 3609; Pub. L. 100-690, title

VII, Sec. 7091, Nov. 18, 1988, 102 Stat. 4410; Pub. L. 101-647,

title IX, Sec. 902(a), (b), title X, Sec. 1001(a), Nov. 29, 1990,

104 Stat. 4826, 4827; Pub. L. 102-572, title VII, Sec. 703, Oct.

29, 1992, 106 Stat. 4515.)

-MISC1-

PRIOR PROVISIONS

A prior section 3143, acts June 25, 1948, ch. 645, 62 Stat. 821;

June 22, 1966, Pub. L. 89-465, Sec. 5(d), 80 Stat. 217, related to

additional bail, prior to repeal in the revision of this chapter by

section 203(a) of Pub. L. 98-473.

AMENDMENTS

1992 - Subsec. (b)(1). Pub. L. 102-572 substituted ''subparagraph

(B)(iv) of this paragraph'' for ''paragraph (b)(2)(D)''.

1990 - Subsec. (a). Pub. L. 101-647, Sec. 902(a), designated

existing provisions as par. (1), substituted ''Except as provided

in paragraph (2), the judicial officer'' for ''The judicial

officer'', and added par. (2).

Subsec. (a)(1). Pub. L. 101-647, Sec. 1001(a), substituted

''awaiting'' for ''waiting''.

Subsec. (b). Pub. L. 101-647, Sec. 902(b), designated existing

provisions as par. (1), substituted ''Except as provided in

paragraph (2), the judicial officer'' for ''The judicial officer'',

redesignated former pars. (1) and (2) as subpars. (A) and (B),

redesignated former subpars. (A) to (D) as cls. (i) to (iv),

respectively, of subpar. (B), and added par. (2).

1988 - Subsec. (b). Pub. L. 100-690, Sec. 7091(2), inserted '',

except that in the circumstance described in paragraph (b)(2)(D),

the judicial officer shall order the detention terminated at the

expiration of the likely reduced sentence'' before period at end.

Subsec. (b)(2). Pub. L. 100-690, Sec. 7091(1), added par. (2) and

struck out former par. (2) which read as follows: ''that the appeal

is not for purpose of delay and raises a substantial question of

law or fact likely to result in reversal, an order for a new trial,

or a sentence that does not include a term of imprisonment.''

1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(d)(1), (2), (4),

substituted ''under'' for ''pursuant to'' and ''such judicial

officer'' for ''he'' and struck out ''the provisions of'' after

''in accordance with''.

Subsec. (b). Pub. L. 99-646, Sec. 55(d)(1)-(4), in par. (1)

substituted ''under'' for ''pursuant to'' and inserted ''of this

title'' after ''(c)'', and in concluding provision, substituted

''such judicial officer'' for ''he'', struck out ''the provisions

of'' after ''in accordance with'', and inserted ''of this title''

after ''(c)''.

Subsec. (b)(2). Pub. L. 99-646, Sec. 51(a)(1), substituted

''reversal,'' for ''reversal or'' and inserted '', or a sentence

that does not include a term of imprisonment''.

Subsec. (c). Pub. L. 99-646, Sec. 51(a)(2), inserted provision

that, except as provided in subsec. (b), the judicial officer, in a

case in which an appeal has been taken by the United States under

section 3742, if the person has been sentenced to a term of

imprisonment, order that person detained, and in any other

circumstance, release or detain the person under section 3142.

Pub. L. 99-646, Sec. 55(a), (d)(2), (5), substituted ''under

section 3731'' for ''pursuant to the provisions of section 3731''

and ''with section 3142 of this title'' for ''with the provisions

of section 3142''.

Pub. L. 99-646, Sec. 51(b), provided that the amendment of

subsec. (c) by section 223(f)(2) of Pub. L. 98-473 shall not take

effect. See 1984 Amendment note below.

1984 - Subsec. (a). Pub. L. 98-473, Sec. 223(f)(1), inserted

provisions relating to applicable guideline under section 994 of

title 28.

Subsec. (c). Pub. L. 98-473, Sec. 223(f)(2), which would have

added a final sentence requiring a judge to treat a defendant in a

case in which an appeal had been taken by the United States

pursuant to the provisions of section 3742 in accordance with the

provisions of (1) subsection (a) if the person had been sentenced

to a term of imprisonment; or (2) section 3142 if the person had

not been sentenced to a term of imprisonment did not become

effective pursuant to section 51(b) of Pub. L. 99-646. See 1986

Amendment note above.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101 of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 51(c) of Pub. L. 99-646 provided that: ''The amendment

made by subsection (a)(2) (amending this section) shall take effect

on the date of the taking of effect of section 3742 of title 18,

United States Code (Nov. 1, 1987).''

Amendment by section 55(a), (d) of Pub. L. 99-646 effective 30

days after Nov. 10, 1986, see section 55(j) of Pub. L. 99-646, set

out as a note under section 3141 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3145, 3156 of this title.

-CITE-

18 USC Sec. 3144 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3144. Release or detention of a material witness

-STATUTE-

If it appears from an affidavit filed by a party that the

testimony of a person is material in a criminal proceeding, and if

it is shown that it may become impracticable to secure the presence

of the person by subpoena, a judicial officer may order the arrest

of the person and treat the person in accordance with the

provisions of section 3142 of this title. No material witness may

be detained because of inability to comply with any condition of

release if the testimony of such witness can adequately be secured

by deposition, and if further detention is not necessary to prevent

a failure of justice. Release of a material witness may be delayed

for a reasonable period of time until the deposition of the witness

can be taken pursuant to the Federal Rules of Criminal Procedure.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1982; amended Pub. L. 99-646, Sec. 55(e), Nov. 10, 1986, 100

Stat. 3609.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in text, are

set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

A prior section 3144, act June 25, 1948, ch. 645, 62 Stat. 821,

related to cases removed from State courts, prior to repeal in the

revision of this chapter by section 203(a) of Pub. L. 98-473.

AMENDMENTS

1986 - Pub. L. 99-646 substituted ''subpoena'' for ''subpena''

and inserted ''of this title''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,

1986, see section 55(j) of Pub. L. 99-646, set out as a note under

section 3141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title; title

28 section 1821.

-CITE-

18 USC Sec. 3145 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3145. Review and appeal of a release or detention order

-STATUTE-

(a) Review of a Release Order. - If a person is ordered released

by a magistrate judge, or by a person other than a judge of a court

having original jurisdiction over the offense and other than a

Federal appellate court -

(1) the attorney for the Government may file, with the court

having original jurisdiction over the offense, a motion for

revocation of the order or amendment of the conditions of

release; and

(2) the person may file, with the court having original

jurisdiction over the offense, a motion for amendment of the

conditions of release.

The motion shall be determined promptly.

(b) Review of a Detention Order. - If a person is ordered

detained by a magistrate judge, or by a person other than a judge

of a court having original jurisdiction over the offense and other

than a Federal appellate court, the person may file, with the court

having original jurisdiction over the offense, a motion for

revocation or amendment of the order. The motion shall be

determined promptly.

(c) Appeal From a Release or Detention Order. - An appeal from a

release or detention order, or from a decision denying revocation

or amendment of such an order, is governed by the provisions of

section 1291 of title 28 and section 3731 of this title. The

appeal shall be determined promptly. A person subject to detention

pursuant to section 3143(a)(2) or (b)(2), and who meets the

conditions of release set forth in section 3143(a)(1) or (b)(1),

may be ordered released, under appropriate conditions, by the

judicial officer, if it is clearly shown that there are exceptional

reasons why such person's detention would not be appropriate.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1982; amended Pub. L. 101-647, title IX, Sec. 902(c), Nov.

29, 1990, 104 Stat. 4827; Pub. L. 101-650, title III, Sec. 321,

Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

PRIOR PROVISIONS

A prior section 3145, act June 25, 1948, ch. 645, 62 Stat. 821,

provided cross references to the Federal Rules of Criminal

Procedure for rules covering parties and witnesses, prior to repeal

in the revision of this chapter by section 203(a) of Pub. L.

98-473.

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-647 inserted at end ''A person

subject to detention pursuant to section 3143(a)(2) or (b)(2), and

who meets the conditions of release set forth in section 3143(a)(1)

or (b)(1), may be ordered released, under appropriate conditions,

by the judicial officer, if it is clearly shown that there are

exceptional reasons why such person's detention would not be

appropriate.''

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

subsecs. (a) and (b) pursuant to section 321 of Pub. L. 101-650,

set out as a note under section 631 of Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3154, 3156 of this title;

title 8 section 1535.

-CITE-

18 USC Sec. 3146 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3146. Penalty for failure to appear

-STATUTE-

(a) Offense. - Whoever, having been released under this chapter

knowingly -

(1) fails to appear before a court as required by the

conditions of release; or

(2) fails to surrender for service of sentence pursuant to a

court order;

shall be punished as provided in subsection (b) of this section.

(b) Punishment. - (1) The punishment for an offense under this

section is -

(A) if the person was released in connection with a charge of,

or while awaiting sentence, surrender for service of sentence, or

appeal or certiorari after conviction for -

(i) an offense punishable by death, life imprisonment, or

imprisonment for a term of 15 years or more, a fine under this

title or imprisonment for not more than ten years, or both;

(ii) an offense punishable by imprisonment for a term of five

years or more, a fine under this title or imprisonment for not

more than five years, or both;

(iii) any other felony, a fine under this title or

imprisonment for not more than two years, or both; or

(iv) a misdemeanor, a fine under this title or imprisonment

for not more than one year, or both; and

(B) if the person was released for appearance as a material

witness, a fine under this chapter or imprisonment for not more

than one year, or both.

(2) A term of imprisonment imposed under this section shall be

consecutive to the sentence of imprisonment for any other offense.

(c) Affirmative Defense. - It is an affirmative defense to a

prosecution under this section that uncontrollable circumstances

prevented the person from appearing or surrendering, and that the

person did not contribute to the creation of such circumstances in

reckless disregard of the requirement to appear or surrender, and

that the person appeared or surrendered as soon as such

circumstances ceased to exist.

(d) Declaration of Forfeiture. - If a person fails to appear

before a court as required, and the person executed an appearance

bond pursuant to section 3142(b) of this title or is subject to the

release condition set forth in clause (xi) or (xii) of section

3142(c)(1)(B) of this title, the judicial officer may, regardless

of whether the person has been charged with an offense under this

section, declare any property designated pursuant to that section

to be forfeited to the United States.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1982; amended Pub. L. 99-646, Sec. 55(f), Nov. 10, 1986, 100

Stat. 3609; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(K), Sept.

13, 1994, 108 Stat. 2148; Pub. L. 104-294, title VI, Sec.

601(a)(4), Oct. 11, 1996, 110 Stat. 3498.)

-MISC1-

PRIOR PROVISIONS

A prior section 3146, added Pub. L. 89-465, Sec. 3(a), June 22,

1966, 80 Stat. 214; amended Pub. L. 97-291, Sec. 8, Oct. 12, 1982,

96 Stat. 1257, related to release in noncapital cases prior to

trial, prior to repeal in the revision of this chapter by section

203(a) of Pub. L. 98-473.

Another prior section 3146, act Aug. 20, 1954, ch. 772, Sec. 1,

68 Stat. 747, which prescribed penalties for jumping bail, was

repealed by Pub. L. 89-465, Sec. 3(a), June 22, 1966, 80 Stat. 214,

and covered by former sections 3150 and 3151 of this title.

AMENDMENTS

1996 - Subsec. (b)(1)(A)(iv). Pub. L. 104-294 substituted ''a

fine under this title'' for ''a fined under this title''.

1994 - Subsec. (b)(1)(A)(iv). Pub. L. 103-322 substituted ''fined

under this title'' for ''fine under this chapter''.

1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(f)(1), added subsec.

(a) and struck out former subsec. (a) which read as follows: ''A

person commits an offense if, after having been released pursuant

to this chapter -

''(1) he knowingly fails to appear before a court as required

by the conditions of his release; or

''(2) he knowingly fails to surrender for service of sentence

pursuant to a court order.''

Subsec. (b). Pub. L. 99-646, Sec. 55(f)(1), added subsec. (b) and

struck out former subsec. (b) which was captioned ''Grading'', and

which read as follows: ''If the person was released -

''(1) in connection with a charge of, or while awaiting

sentence, surrender for service of sentence, or appeal or

certiorari after conviction, for -

''(A) an offense punishable by death, life imprisonment, or

imprisonment for a term of fifteen years or more, he shall be

fined not more than $25,000 or imprisoned for not more than ten

years, or both;

''(B) an offense punishable by imprisonment for a term of

five or more years, but less than fifteen years, he shall be

fined not more than $10,000 or imprisoned for not more than

five years, or both;

''(C) any other felony, he shall be fined not more than

$5,000 or imprisoned for not more than two years, or both; or

''(D) a misdemeanor, he shall be fined not more than $2,000

or imprisoned for not more than one year, or both; or

''(2) for appearance as a material witness, he shall be fined

not more than $1,000 or imprisoned for not more than one year, or

both.

A term of imprisonment imposed pursuant to this section shall be

consecutive to the sentence of imprisonment for any other

offense.''

Subsec. (c). Pub. L. 99-646, Sec. 55(f)(2), substituted

''requirement to appear'' for ''requirement that he appear'' and

''the person appeared'' for ''he appeared''.

Subsec. (d). Pub. L. 99-646, Sec. 55(f)(3), inserted ''of this

title'' after ''3142(b)'' and substituted ''clause (xi) or (xii) of

section 3142(c)(1)(B) of this title'' for ''section 3142(c)(2)(K)

or (c)(2)(L)''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,

1986, see section 55(j) of Pub. L. 99-646, set out as a note under

section 3141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2516, 3156 of this title;

title 8 section 1535; title 28 section 994; title 42 section 10601.

-CITE-

18 USC Sec. 3147 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3147. Penalty for an offense committed while on release

-STATUTE-

A person convicted of an offense committed while released under

this chapter shall be sentenced, in addition to the sentence

prescribed for the offense, to -

(1) a term of imprisonment of not more than ten years if the

offense is a felony; or

(2) a term of imprisonment of not more than one year if the

offense is a misdemeanor.

A term of imprisonment imposed under this section shall be

consecutive to any other sentence of imprisonment.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1983; amended Pub. L. 98-473, title II, Sec. 223(g), Oct. 12,

1984, 98 Stat. 2028; Pub. L. 99-646, Sec. 55(g), Nov. 10, 1986, 100

Stat. 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3147, added Pub. L. 89-465, Sec. 3(a), June 22,

1966, 80 Stat. 215, related to appeals from conditions of release,

prior to repeal in the revision of this chapter by section 203(a)

of Pub. L. 98-473.

AMENDMENTS

1986 - Pub. L. 99-646 substituted ''under'' for ''pursuant to''

in two places and ''for the offense,'' for ''for the offense''.

1984 - Pub. L. 98-473, Sec. 223(g), struck out ''not less than

two years and'' after ''imprisonment of'' in par. (1), and ''not

less than ninety days and'' after ''imprisonment of'' in par. (2).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,

1986, see section 55(j) of Pub. L. 99-646, set out as a note under

section 3141 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title; title

8 section 1535; title 28 section 994.

-CITE-

18 USC Sec. 3148 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3148. Sanctions for violation of a release condition

-STATUTE-

(a) Available Sanctions. - A person who has been released under

section 3142 of this title, and who has violated a condition of his

release, is subject to a revocation of release, an order of

detention, and a prosecution for contempt of court.

(b) Revocation of Release. - The attorney for the Government may

initiate a proceeding for revocation of an order of release by

filing a motion with the district court. A judicial officer may

issue a warrant for the arrest of a person charged with violating a

condition of release, and the person shall be brought before a

judicial officer in the district in which such person's arrest was

ordered for a proceeding in accordance with this section. To the

extent practicable, a person charged with violating the condition

of release that such person not commit a Federal, State, or local

crime during the period of release, shall be brought before the

judicial officer who ordered the release and whose order is alleged

to have been violated. The judicial officer shall enter an order

of revocation and detention if, after a hearing, the judicial

officer -

(1) finds that there is -

(A) probable cause to believe that the person has committed a

Federal, State, or local crime while on release; or

(B) clear and convincing evidence that the person has

violated any other condition of release; and

(2) finds that -

(A) based on the factors set forth in section 3142(g) of this

title, there is no condition or combination of conditions of

release that will assure that the person will not flee or pose

a danger to the safety of any other person or the community; or

(B) the person is unlikely to abide by any condition or

combination of conditions of release.

If there is probable cause to believe that, while on release, the

person committed a Federal, State, or local felony, a rebuttable

presumption arises that no condition or combination of conditions

will assure that the person will not pose a danger to the safety of

any other person or the community. If the judicial officer finds

that there are conditions of release that will assure that the

person will not flee or pose a danger to the safety of any other

person or the community, and that the person will abide by such

conditions, the judicial officer shall treat the person in

accordance with the provisions of section 3142 of this title and

may amend the conditions of release accordingly.

(c) Prosecution for Contempt. - The judicial officer may commence

a prosecution for contempt, under section 401 of this title, if the

person has violated a condition of release.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1983; amended Pub. L. 99-646, Sec. 55(a), (h), Nov. 10, 1986,

100 Stat. 3607, 3610.)

-MISC1-

PRIOR PROVISIONS

A prior section 3148, added Pub. L. 89-465, Sec. 3(a), June 22,

1966, 80 Stat. 215; amended Pub. L. 91-452, title X, Sec. 1002,

Oct. 12, 1970, 84 Stat. 952, related to release in capital cases or

after conviction, prior to repeal in the revision of this chapter

by section 203(a) of Pub. L. 98-473.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(a), (h)(1),

substituted ''under section 3142 of this title'' for ''pursuant to

the provisions of section 3142''.

Subsec. (b). Pub. L. 99-646, Sec. 55(h)(2), in introductory

provision, substituted ''such person's arrest'' for ''his arrest'',

''condition of release that such person not commit'' for

''condition of his release that he not commit'', and ''period of

release,'' for ''period of release'', in par. (1)(B) substituted

''condition of release'' for ''condition of his release'', in par.

(2)(A) inserted ''of this title'' after ''section 3142(g)'', and in

concluding provision, substituted ''the judicial officer shall''

for ''he shall'' and inserted ''of this title'' after ''section

3142''.

Subsec. (c). Pub. L. 99-646, Sec. 55(a), (h)(3), substituted

''judicial officer'' for ''judge'', ''under section 401 of this

title'' for ''pursuant to the provisions of section 401'', and

''condition of release'' for ''condition of his release''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,

1986, see section 55(j) of Pub. L. 99-646, set out as a note under

section 3141 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3149, 3156 of this title;

title 8 section 1535.

-CITE-

18 USC Sec. 3149 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3149. Surrender of an offender by a surety

-STATUTE-

A person charged with an offense, who is released upon the

execution of an appearance bond with a surety, may be arrested by

the surety, and if so arrested, shall be delivered promptly to a

United States marshal and brought before a judicial officer. The

judicial officer shall determine in accordance with the provisions

of section 3148(b) whether to revoke the release of the person, and

may absolve the surety of responsibility to pay all or part of the

bond in accordance with the provisions of Rule 46 of the Federal

Rules of Criminal Procedure. The person so committed shall be held

in official detention until released pursuant to this chapter or

another provision of law.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1984.)

-MISC1-

PRIOR PROVISIONS

A prior section 3149, added Pub. L. 89-465, Sec. 3(a), June 22,

1966, 80 Stat. 216, related to release of material witnesses, prior

to repeal in the revision of this chapter by section 203(a) of Pub.

L. 98-473.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title.

-CITE-

18 USC Sec. 3150 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3150. Applicability to a case removed from a State court

-STATUTE-

The provisions of this chapter apply to a criminal case removed

to a Federal court from a State court.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1984.)

-MISC1-

PRIOR PROVISIONS

A prior section 3150, added Pub. L. 89-465, Sec. 3(a), June 22,

1966, 80 Stat. 216, related to penalties for failure to appear,

prior to repeal in the revision of this chapter by section 203(a)

of Pub. L. 98-473.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title.

-CITE-

18 USC Sec. 3150a 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

(Sec. 3150a. Repealed. Pub. L. 98-473, title II, Sec. 203(a), Oct.

12, 1984, 98 Stat. 1976)

-MISC1-

Section, added Pub. L. 97-258, Sec. 2(d)(3)(B), Sept. 13, 1982,

96 Stat. 1059; amended Pub. L. 98-473, title II, Sec. 1410, Oct.

12, 1984, 98 Stat. 2178, related to refund of forfeited bail.

Section 1410 of Pub. L. 98-473 was subsequently repealed by Pub. L.

99-646, Sec. 49, Nov. 10, 1986, 100 Stat. 3605.

-CITE-

18 USC Sec. 3151 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3151. Refund of forfeited bail

-STATUTE-

Appropriations available to refund money erroneously received and

deposited in the Treasury are available to refund any part of

forfeited bail deposited into the Treasury and ordered remitted

under the Federal Rules of Criminal Procedure.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7084(a), Nov. 18, 1988, 102

Stat. 4408.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in text, are

set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

A prior section 3151, added Pub. L. 89-465, Sec. 3(a), June 22,

1966, 80 Stat. 216, related to contempt power of courts, prior to

repeal by Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98

Stat. 1976.

-CITE-

18 USC Sec. 3152 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3152. Establishment of pretrial services

-STATUTE-

(a) On and after the date of the enactment of the Pretrial

Services Act of 1982, the Director of the Administrative Office of

the United States Courts (hereinafter in this chapter referred to

as the ''Director'') shall, under the supervision and direction of

the Judicial Conference of the United States, provide directly, or

by contract or otherwise (to such extent and in such amounts as are

provided in appropriation Acts), for the establishment of pretrial

services in each judicial district (other than the District of

Columbia). Pretrial services established under this section shall

be supervised by a chief probation officer appointed under section

3654 of this title or by a chief pretrial services officer selected

under subsection (c) of this section.

(b) Beginning eighteen months after the date of the enactment of

the Pretrial Services Act of 1982, if an appropriate United States

district court and the circuit judicial council jointly recommend

the establishment under this subsection of pretrial services in a

particular district, pretrial services shall be established under

the general authority of the Administrative Office of the United

States Courts.

(c) The pretrial services established under subsection (b) of

this section shall be supervised by a chief pretrial services

officer selected by a panel consisting of the chief judge of the

circuit, the chief judge of the district, and a magistrate judge of

the district or their designees. The chief pretrial services

officer appointed under this subsection shall be an individual

other than one serving under authority of section 3654 of this

title.

-SOURCE-

(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat.

2086; amended Pub. L. 97-267, Sec. 2, Sept. 27, 1982, 96 Stat.

1136; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Pretrial Services Act of 1982,

referred to in subsecs. (a) and (b), is the date of enactment of

Pub. L. 97-267, which was approved Sept. 27, 1982.

-MISC2-

PRIOR PROVISIONS

A prior section 3152, as added by Pub. L. 89-465, Sec. 3(a), June

22, 1966, 80 Stat. 216, defined the terms ''judicial officer'' and

''offense'', prior to repeal by Pub. L. 93-619, Sec. 201. See

section 3156 of this title.

AMENDMENTS

1982 - Pub. L. 97-267 struck out ''agencies'' after ''services''

in section catchline, divided previously unlettered text provisions

into subsecs. (a), (b), and (c), and substituted revised provisions

as so redesignated for provisions which required the Director of

the Administrative Office of the United States Courts to establish,

on a demonstration basis, in each of ten representative judicial

districts (other than the District of Columbia), a pretrial

services agency authorized to maintain effective supervision and

control over, and to provide supportive services to, defendants

released under this chapter such districts to be designated by the

Chief Justice of the United States after consultation with the

Attorney General, on the basis of such considerations as the number

of criminal cases prosecuted annually in the district, the

percentage of defendants in the district presently detained prior

to trial, the incidence of crime charged against persons released

pending trial under this chapter, and the availability of community

resources to implement the conditions of release which may be

imposed under this chapter.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

subsec. (c) pursuant to section 321 of Pub. L. 101-650, set out as

a note under section 631 of Title 28, Judiciary and Judicial

Procedure.

-MISC4-

AUTHORIZATION OF APPROPRIATIONS

Section 9 of Pub. L. 97-267 provided that:

''(a) There are authorized to be appropriated, for the fiscal

year ending September 30, 1984, and each succeeding fiscal year

thereafter, such sums as may be necessary to carry out the

functions and powers of pretrial services established under section

3152(b) of title 18, United States Code.

''(b) There are authorized to be appropriated for the fiscal year

ending September 30, 1983, and the fiscal year ending September 30,

1984, such sums as may be necessary to carry out the functions and

powers of the pretrial services agencies established under section

3152 of title 18 of the United States Code in effect before the

date of enactment of this Act (Sept. 27, 1982).''

STATUS OF PRETRIAL SERVICES AGENCIES IN EFFECT PRIOR TO SEPTEMBER

27, 1982

Section 8 of Pub. L. 97-267 provided that: ''During the period

beginning on the date of enactment of this Act (Sept. 27, 1982) and

ending eighteen months after the date of the enactment of this Act,

the pretrial services agencies established under section 3152 of

title 18 of the United States Code in effect before the date of

enactment of this Act may continue to operate, employ staff,

provide pretrial services, and perform such functions and powers as

are authorized under chapter 207 of title 18 of the United States

Code (this chapter).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3153, 3154, 3155, 3156 of

this title; title 28 section 604.

-CITE-

18 USC Sec. 3153 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3153. Organization and administration of pretrial services

-STATUTE-

(a)(1) With the approval of the district court, the chief

pretrial services officer in districts in which pretrial services

are established under section 3152(b) of this title shall appoint

such other personnel as may be required. The position requirements

and rate of compensation of the chief pretrial services officer and

such other personnel shall be established by the Director with the

approval of the Judicial Conference of the United States, except

that no such rate of compensation shall exceed the rate of basic

pay in effect and then payable for grade GS-16 of the General

Schedule under section 5332 of title 5, United States Code.

(2) The chief pretrial services officer in districts in which

pretrial services are established under section 3152(b) of this

title is authorized, subject to the general policy established by

the Director and the approval of the district court, to procure

temporary and intermittent services to the extent authorized by

section 3109 of title 5, United States Code. The staff, other than

clerical staff, may be drawn from law school students, graduate

students, or such other available personnel.

(b) The chief probation officer in all districts in which

pretrial services are established under section 3152(a) of this

title shall designate personnel appointed under chapter 231 of this

title to perform pretrial services under this chapter.

(c)(1) Except as provided in paragraph (2) of this subsection,

information obtained in the course of performing pretrial services

functions in relation to a particular accused shall be used only

for the purposes of a bail determination and shall otherwise be

confidential. Each pretrial services report shall be made

available to the attorney for the accused and the attorney for the

Government.

(2) The Director shall issue regulations establishing the policy

for release of information made confidential by paragraph (1) of

this subsection. Such regulations shall provide exceptions to the

confidentiality requirements under paragraph (1) of this subsection

to allow access to such information -

(A) by qualified persons for purposes of research related to

the administration of criminal justice;

(B) by persons under contract under section 3154(4) of this

title;

(C) by probation officers for the purpose of compiling

presentence reports;

(D) insofar as such information is a pretrial diversion report,

to the attorney for the accused and the attorney for the

Government; and

(E) in certain limited cases, to law enforcement agencies for

law enforcement purposes.

(3) Information made confidential under paragraph (1) of this

subsection is not admissible on the issue of guilt in a criminal

judicial proceeding unless such proceeding is a prosecution for a

crime committed in the course of obtaining pretrial release or a

prosecution for failure to appear for the criminal judicial

proceeding with respect to which pretrial services were provided.

-SOURCE-

(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat.

2086; amended Pub. L. 97-287, Sec. 3, Sept. 27, 1982, 96 Stat.

1136.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-267 substantially revised section by

substituting provisions relating to the organization and

administration of pretrial services for provisions relating to

organization and administration of pretrial services agencies which

vested the powers of five such agencies in the Division of

Probation of the Administrative Office of the United States Courts

and the powers of the remaining five agencies in Boards of

Trustees, set forth requirements for membership and terms of office

with respect to such Boards, and provided for appointment of

Federal probation officers in agencies governed by the Division of

Probation, and chief pretrial service officers in agencies governed

by Boards of Trustees, which designated officers would be

responsible for the direction and supervision of their respective

agencies.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title; title

5 section 4521.

-CITE-

18 USC Sec. 3154 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3154. Functions and powers relating to pretrial services

-STATUTE-

Pretrial services functions shall include the following:

(1) Collect, verify, and report to the judicial officer, prior

to the pretrial release hearing, information pertaining to the

pretrial release of each individual charged with an offense,

including information relating to any danger that the release of

such person may pose to any other person or the community, and,

where appropriate, include a recommendation as to whether such

individual should be released or detained and, if release is

recommended, recommend appropriate conditions of release; except

that a district court may direct that information not be

collected, verified, or reported under this paragraph on

individuals charged with Class A misdemeanors as defined in

section 3559(a)(6) of this title.

(2) Review and modify the reports and recommendations specified

in paragraph (1) of this section for persons seeking release

pursuant to section 3145 of this chapter.

(3) Supervise persons released into its custody under this

chapter.

(4) Operate or contract for the operation of appropriate

facilities for the custody or care of persons released under this

chapter including residential halfway houses, addict and

alcoholic treatment centers, and counseling services.

(5) Inform the court and the United States attorney of all

apparent violations of pretrial release conditions, arrests of

persons released to the custody of providers of pretrial services

or under the supervision of providers of pretrial services, and

any danger that any such person may come to pose to any other

person or the community, and recommend appropriate modifications

of release conditions.

(6) Serve as coordinator for other local agencies which serve

or are eligible to serve as custodians under this chapter and

advise the court as to the eligibility, availability, and

capacity of such agencies.

(7) Assist persons released under this chapter in securing any

necessary employment, medical, legal, or social services.

(8) Prepare, in cooperation with the United States marshal and

the United States attorney such pretrial detention reports as are

required by the provisions of the Federal Rules of Criminal

Procedure relating to the supervision of detention pending trial.

(9) Develop and implement a system to monitor and evaluate bail

activities, provide information to judicial officers on the

results of bail decisions, and prepare periodic reports to assist

in the improvement of the bail process.

(10) To the extent provided for in an agreement between a chief

pretrial services officer in districts in which pretrial services

are established under section 3152(b) of this title, or the chief

probation officer in all other districts, and the United States

attorney, collect, verify, and prepare reports for the United

States attorney's office of information pertaining to the

pretrial diversion of any individual who is or may be charged

with an offense, and perform such other duties as may be required

under any such agreement.

(11) Make contracts, to such extent and in such amounts as are

provided in appropriation Acts, for the carrying out of any

pretrial services functions.

(12)(A) As directed by the court and to the degree required by

the regimen of care or treatment ordered by the court as a

condition of release, keep informed as to the conduct and provide

supervision of a person conditionally released under the

provisions of section 4243 or 4246 of this title, and report such

person's conduct and condition to the court ordering release and

the Attorney General or his designee.

(B) Any violation of the conditions of release shall

immediately be reported to the court and the Attorney General or

his designee.

(13) If approved by the district court, be authorized to carry

firearms under such rules and regulations as the Director of the

Administrative Office of the United States Courts may prescribe.

(14) Perform such other functions as specified under this

chapter.

-SOURCE-

(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat.

2087; amended Pub. L. 97-267, Sec. 4, Sept. 27, 1982, 96 Stat.

1137; Pub. L. 98-473, title II, Sec. 203(b), Oct. 12, 1984, 98

Stat. 1984; Pub. L. 101-647, title XXXV, Sec. 3576, Nov. 29, 1990,

104 Stat. 4929; Pub. L. 102-572, title VII, Sec. 701(b), title X,

Sec. 1002, Oct. 29, 1992, 106 Stat. 4515, 4521; Pub. L. 104-317,

title I, Sec. 101(b), Oct. 19, 1996, 110 Stat. 3848.)

-MISC1-

AMENDMENTS

1996 - Pars. (13), (14). Pub. L. 104-317 added par. (13) and

redesignated former par. (13) as (14).

1992 - Par. (1). Pub. L. 102-572, Sec. 1002, inserted before

period at end ''; except that a district court may direct that

information not be collected, verified, or reported under this

paragraph on individuals charged with Class A misdemeanors as

defined in section 3559(a)(6) of this title''.

Pars. (12), (13). Pub. L. 102-572, Sec. 701(b), added par. (12)

and redesignated former par. (12) as (13).

1990 - Par. (1). Pub. L. 101-647 substituted ''community, and,

where appropriate, include a recommendation as to whether such

individual should be released or detained and, if release is

recommended, recommend appropriate conditions of release.'' for

''community'' and all that followed through end of par. (1).

1984 - Par. (1). Pub. L. 98-473, Sec. 203(b)(1), which directed

the amendment of par. (1), by striking out ''and recommend

appropriate release conditions for each such person'' and inserting

in lieu thereof ''and, where appropriate, include a recommendation

as to whether such individual should be released or detained and,

if release is recommended, recommend appropriate conditions of

release'' could not be executed because such language did not

appear. See 1990 Amendment note above.

Par. (2). Pub. L. 98-473, Sec. 203(b)(2), substituted ''section

3145'' for ''section 3146(e) or section 3147''.

1982 - Pub. L. 97-267 substituted ''relating to pretrial

services'' for ''of pretrial services agencies'' in section

catchline, in par. (1) struck out provisions relating to agency

files concerning the pretrial release of persons charged with an

offense, the establishment of regulations concerning the release of

such files, and the access to and admissibility of these files, in

par. (4) struck out provision relating to the cooperation of the

Administrative Office of the United States Courts and the approval

of the Attorney General and provision not limiting this paragraph

to those facilities listed thereunder, in par. (5) inserted

provisions that pretrial services may provide the United States

Attorney as well as the court with information described under this

paragraph and that such information also includes any danger that a

person released to the custody of pretrial services may come to

pose to any other person or the community, in par. (9) substituted

provisions that pretrial services shall develop and implement a

system to monitor and evaluate bail activities, provide information

on the result of bail decisions, and prepare periodic reports to

assist the improvement of the bail process for provisions that

pretrial services agencies would perform such other functions as

the court might assign, and added pars. (10)-(12).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101 of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

DEMONSTRATION PROGRAM FOR DRUG TESTING OF ARRESTED PERSONS AND

DEFENDANTS ON PROBATION OR SUPERVISED RELEASE

Pub. L. 100-690, title VII, Sec. 7304, Nov. 18, 1988, 102 Stat.

4464, provided that:

''(a) Establishment. - The Director of the Administrative Office

of the United States Courts shall establish a demonstration program

of mandatory testing of criminal defendants.

''(b) Length of Program. - The demonstration program shall begin

not later than January 1, 1989, and shall last two years.

''(c) Selection of Districts. - The Judicial Conference of the

United States shall select 8 Federal judicial districts in which to

carry out the demonstration program, so that the group selected

represents a mix of districts on the basis of criminal caseload and

the types of cases in that caseload.

''(d) Inclusion in Pretrial Services. - In each of the districts

in which the demonstration program takes place, pretrial services

under chapter 207 of title 18, United States Code, shall arrange

for the drug testing of defendants in criminal cases. To the

extent feasible, such testing shall be completed before the

defendant makes the defendant's initial appearance in the case

before a judicial officer. The results of such testing shall be

included in the report to the judicial officer under section 3154

of title 18, United States Code.

''(e) Mandatory Condition of Probation and Supervised Release. -

In each of the judicial districts in which the demonstration

program is in effect, it shall be an additional, mandatory

condition of probation, and an additional mandatory condition of

supervised release for offenses occurring or completed on or after

January 1, 1989, for any defendant convicted of a felony, that such

defendant refrain from any illegal use of any controlled substance

(as defined in section 102 of the Controlled Substances Act (21

U.S.C. 802)) and submit to periodic drug tests for use of

controlled substances at least once every 60 days. The requirement

that drug tests be administered at least once every 60 days may be

suspended upon motion of the Director of the Administrative Office,

or the Director's designee, if, after at least one year of

probation or supervised release, the defendant has passed all drug

tests administered pursuant to this section. No action may be

taken against a defendant pursuant to a drug test administered in

accordance with this subsection unless the drug test confirmation

is a urine drug test confirmed using gas chromatography techniques

or such test as the Secretary of Health and Human Services may

determine to be of equivalent accuracy.

''(f) Report to Congress. - Not later than 90 days after the

first year of the demonstration program and not later than 90 days

after the end of the demonstration program, the Director of the

Administrative Office of the United States Courts shall report to

Congress on the effectiveness of the demonstration program and

include in such report recommendations as to whether mandatory drug

testing of defendants should be made more general and permanent.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3153, 3156 of this title.

-CITE-

18 USC Sec. 3155 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3155. Annual reports

-STATUTE-

Each chief pretrial services officer in districts in which

pretrial services are established under section 3152(b) of this

title, and each chief probation officer in all other districts,

shall prepare an annual report to the chief judge of the district

court and the Director concerning the administration and operation

of pretrial services. The Director shall be required to include in

the Director's annual report to the Judicial Conference under

section 604 of title 28 a report on the administration and

operation of the pretrial services for the previous year.

-SOURCE-

(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat.

2088; amended Pub. L. 97-267, Sec. 5, Sept. 27, 1982, 96 Stat.

1138.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-267 substituted provisions that each pretrial

services officer or chief probation officer shall prepare an annual

report to the chief judge of the district court and to the Director

concerning the administration and operation of pretrial services

and that the Director must include in the Director's annual report

to the Judicial Conference a report on the administration and

operation of the pretrial services for the previous year for

provisions relating to the Director's annual report to Congress,

the contents of the Director's fourth annual report, and that on or

before the expiration of the forty-eighth-month period following

July 1, 1975, the Director would file a comprehensive report with

Congress concerning the administration and operation of the

amendments made by the Speedy Trial Act of 1974, including his

views and recommendations with respect thereto.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3156 of this title.

-CITE-

18 USC Sec. 3156 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

-HEAD-

Sec. 3156. Definitions

-STATUTE-

(a) As used in sections 3141-3150 of this chapter -

(1) the term ''judicial officer'' means, unless otherwise

indicated, any person or court authorized pursuant to section

3041 of this title, or the Federal Rules of Criminal Procedure,

to detain or release a person before trial or sentencing or

pending appeal in a court of the United States, and any judge of

the Superior Court of the District of Columbia;

(2) the term ''offense'' means any criminal offense, other than

an offense triable by court-martial, military commission, provost

court, or other military tribunal, which is in violation of an

Act of Congress and is triable in any court established by Act of

Congress;

(3) the term ''felony'' means an offense punishable by a

maximum term of imprisonment of more than one year;

(4) the term ''crime of violence'' means -

(A) an offense that has as an element of the offense the use,

attempted use, or threatened use of physical force against the

person or property of another;

(B) any other offense that is a felony and that, by its

nature, involves a substantial risk that physical force against

the person or property of another may be used in the course of

committing the offense; or

(C) any felony under chapter 109A, 110, or 117; and

(5) the term ''State'' includes a State of the United States,

the District of Columbia, and any commonwealth, territory, or

possession of the United States.

(b) As used in sections 3152-3155 of this chapter -

(1) the term ''judicial officer'' means, unless otherwise

indicated, any person or court authorized pursuant to section

3041 of this title, or the Federal Rules of Criminal Procedure,

to detain or release a person before trial or sentencing or

pending appeal in a court of the United States, and

(2) the term ''offense'' means any Federal criminal offense

which is in violation of any Act of Congress and is triable by

any court established by Act of Congress (other than a Class B or

C misdemeanor or an infraction, or an offense triable by

court-martial, military commission, provost court, or other

military tribunal).

-SOURCE-

(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat.

2088; amended Pub. L. 98-473, title II, Sec. 203(c), 223(h), Oct.

12, 1984, 98 Stat. 1985, 2029; Pub. L. 99-646, Sec. 55(i), Nov. 10,

1986, 100 Stat. 3610; Pub. L. 103-322, title IV, Sec. 40501, Sept.

13, 1994, 108 Stat. 1945; Pub. L. 104-294, title VI, Sec. 607(i),

Oct. 11, 1996, 110 Stat. 3512; Pub. L. 105-314, title VI, Sec. 601,

Oct. 30, 1998, 112 Stat. 2982.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(4)(C). Pub. L. 105-314 added subpar. (C) and

struck out former subpar. (C) which read as follows: ''any felony

under chapter 109A or chapter 110; and''.

1996 - Subsec. (a)(5). Pub. L. 104-294 added par. (5).

1994 - Subsec. (a)(4)(C). Pub. L. 103-322 added subpar. (C).

1986 - Subsec. (a). Pub. L. 99-646 substituted ''the term'' for

''The term'' in pars. (1) to (4) and struck out ''and'' after

''Congress;'' in par. (2).

1984 - Subsec. (a). Pub. L. 98-473, Sec. 203(c)(1), substituted

''3141'' for ''3146'' in provision preceding par. (1).

Subsec. (a)(1). Pub. L. 98-473, Sec. 203(c)(2), substituted ''to

detain or release'' for ''to bail or otherwise release'' and struck

out ''and'' after ''District of Columbia;''.

Subsec. (a)(3), (4). Pub. L. 98-473, Sec. 203(c)(3), (4), added

pars. (3) and (4).

Subsec. (b)(1). Pub. L. 98-473, Sec. 203(c)(5), substituted ''to

detain or release'' for ''to bail or otherwise release''.

Subsec. (b)(2). Pub. L. 98-473, Sec. 223(h), substituted ''Class

B or C misdemeanor or an infraction'' for ''petty offense as

defined in section 1(3) of this title''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,

1986, see section 55(j) of Pub. L. 99-646, set out as a note under

section 3141 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 223(h) 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.

-CITE-