18 U.S. Code § 3142 - Release or detention of a defendant pending trial

Section 3 of the DNA Analysis Backlog Elimination Act of 2000, referred to in subsecs. (b) and (c)(1)(A), is section 3 of Pub. L. 106–546, which was classified to section 14135a of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 40702 of Title 34, Crime Control and Law Enforcement.

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, which is classified principally to subchapter I (§ 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, which is classified principally to subchapter II (§ 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.

A prior section 3142, acts June 25, 1948, ch. 645, 62 Stat. 821; June 22, 1966, Pub. L. 89–465, § 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.

2008—Subsec. (e). Pub. L. 110–457, § 222(a)(1)–(4), designated first through third sentences as pars. (1) to (3), respectively, and redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (2).

Subsec. (e)(2)(B), (C). Pub. L. 110–457, § 222(a)(5), substituted “subparagraph (A)” for “paragraph (1) of this subsection”.

Subsec. (e)(3). Pub. L. 110–457, § 222(a)(6), substituted “committed—” for “committed”, “46;” for “46,”, “title;” for “title, or”, and “10 years or more is prescribed;” for “10 years or more is prescribed or”, inserted subpar. (A), (B), (C), and (E) designations, and added subpar. (D).

Subsecs. (f)(1)(A), (g)(1). Pub. L. 110–457, § 224(a), substituted “violence, a violation of section 1591,” for “violence,”.

2006—Subsecs. (b), (c)(1)(A). Pub. L. 109–162 inserted “and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)” after “period of release”.

Subsec. (c)(1)(B). Pub. L. 109–248, § 216(1), inserted concluding provisions.

Subsecs. (e), (f)(1)(C). Pub. L. 109–304 substituted “chapter 705 of title 46” for “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”.

Subsec. (f)(1)(E). Pub. L. 109–248, § 216(2), added subpar. (E).

Subsec. (g)(1). Pub. L. 109–248, § 216(3), added par. (1) and struck out former par. (1) which read as follows: “the nature and circumstances of the offense charged, including whether the offense is a crime of violence, or an offense listed in section 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed or involves a narcotic drug;”.

2004—Subsec. (e). Pub. L. 108–458, § 6952(1), in concluding provisions, inserted “or” before “the Maritime” and “or an offense listed in section 2332b(g)(5)(B) of title 18, United States Code, for which a maximum term of imprisonment of 10 years or more is prescribed” after “or 2332b of this title,”.

Subsecs. (f)(1)(A), (g)(1). Pub. L. 108–458, § 6952(2), inserted “, or an offense listed in section 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed” after “violence”.

2003—Subsec. (e). Pub. L. 108–21, in concluding provisions, substituted “1901 et seq.),” for “1901 et seq.), or” and “of this title, or an offense involving a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title” for “of title 18 of the United States Code”.

1996—Subsec. (e). Pub. L. 104–132, § 702(d), inserted “, 956(a), or 2332b” after “section 924(c)” in concluding provisions.

Subsec. (f). Pub. L. 104–132, § 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, § 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, § 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, § 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, § 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, § 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, § 55(c)(2), struck out “his” after “person on” and “period of”.

Subsec. (c). Pub. L. 99–646, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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”.

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.

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.

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.