I 

116TH CONGRESS 

2D SESSION H. R. 9065 

To amend title 18, United States Code, to amend provisions relating to 

the release or detention of a defendant pending trial, sentence, or appeal, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 31, 2020 

Mr. NADLER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to amend provisions 

relating to the release or detention of a defendant pending trial, sentence, or appeal, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Bail Reform 

5 Act of 2020’’. 

6 SEC. 2. RELEASE OR DETENTION OF A DEFENDANT PEND7 ING SENTENCE OR APPEAL. 

8 Section 3143 of title 18, United States Code, is 

9 amended— 


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1 (1) in subsection (a)— 

2 (A) by striking paragraph (1) and insert3 ing the following: ‘‘A person who has been 

4 found guilty of an offense and who is awaiting 

5 imposition or execution of sentence is entitled 

6 to a presumption of release if, at the time of 

7 the guilt determination, the person is on release 

8 and performing satisfactorily. The person is 

9 also entitled to a presumption that all condi10 tions of release continue unchanged. If the at11 torney for the Government moves to detain the 

12 person, the person may only be detained after 

13 consideration of the factors listed in section 

14 3142(f)(5).’’; and 

15 (B) by striking paragraph (2); 

16 (2) in subsection (b)— 

17 (A) in paragraph (1), in the matter pre18 ceding subparagraph (A), by striking ‘‘Except 

19 as provided in paragraph (2), the’’ and insert20 ing ‘‘The’’; 

21 (B) in paragraph (1), by striking subpara22 graph (A), and inserting the following: 

23 ‘‘(A) by a preponderance of the evidence 

24 that release does not pose a high risk of inten25 tional non-appearance in court or a specific and 


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1 substantial risk that the person will cause bod2 ily injury or use violent force against the person 

3 of another if released under section 3142(b) or 

4 (c); and’’; 

5 (C) in paragraph (1)(B)(i), by striking 

6 ‘‘reversal,’’ and inserting ‘‘reversal of the con7 viction,’’; 

8 (D) by striking paragraph (2), and insert9 ing the following: 

10 ‘‘(3) The person may file a motion requesting 

11 that a judge other than the trial judge hear the mo12 tion for release if they are moving under paragraph 

13 (1)(B)(i) or (1)(B)(ii).’’; and 

14 (E) in the matter preceding paragraph 

15 (2)— 

16 (i) by striking ‘‘If the judicial officer 

17 makes such findings’’ and inserting the fol18 lowing: 

19 ‘‘(2) If the judicial officer makes such find20 ings’’; and 

21 (ii) by striking ‘‘subparagraph 

22 (B)(iv)’’ and inserting ‘‘paragraph 

23 (1)(B)(iv)’’; and 

24 (3) by striking subsection (c), and inserting the 

25 following: 


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1 ‘‘(c) RELEASE OR DETENTION PENDING APPEAL BY

2 THE GOVERNMENT.—In a case in which an appeal of a 

3 dispositive motion has been taken by the United States 

4 under section 3731, the person is entitled to a presump5 tion of release under section 3142(b) or (c), unless it is 

6 clearly shown that there are exceptional reasons why such 

7 person’s detention would be appropriate. For cases in 

8 which an appeal of a person’s sentence has been taken 

9 by the United States under section 3742, if the person 

10 is already on release and performing satisfactorily, the 

11 person is entitled to a presumption that all conditions of 

12 release continue unchanged; if the person is already de13 tained, the judicial officer shall— 

14 ‘‘(1) if the person has been sentenced to a term 

15 of imprisonment of 120 months or more, continue 

16 the order of detention; or 

17 ‘‘(2) if the person has been sentenced to a term 

18 of imprisonment of less than 120 months, release or 

19 detain the person under section 3142.’’. 

20 SEC. 3. RELEASE OR DETENTION OF A DEFENDANT PEND21 ING TRIAL. 

22 Section 3142 of title 18, United States Code, is 

23 amended as follows: 

24 (1) By striking subsection (a) and inserting the 

25 following: 


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1 ‘‘(a) PRESUMPTION OF INNOCENCE.—Nothing in this 

2 section shall be construed as modifying or limiting the pre3 sumption of innocence.’’. 

4 (2) By striking subsection (b) and inserting the 

5 following: 

6 ‘‘(b) PRESUMPTION OF RELEASE WITHOUT CONDI7 TIONS.—In all cases, the judicial officer shall apply a pre8 sumption of release on personal recognizance subject to 

9 subsections (c), (e), and (f).’’. 

10 (3) By striking subsection (c) and inserting the 

11 following: 

12 ‘‘(c) IMPOSING CONDITIONS OF RELEASE.— 

13 ‘‘(1) If at the initial appearance hearing or the 

14 pretrial release hearing the judicial officer deter15 mines by a preponderance of the evidence, based on 

16 individualized facts, that the person’s release on per17 sonal recognizance under subsection (b) creates a 

18 high risk of intentional non-appearance in court, or 

19 a specific and substantial risk that the person will 

20 cause bodily injury or use violent force against the 

21 person of another, and the judicial officer deter22 mines that a combination of conditions under this 

23 subsection would reasonably mitigate any risk posed 

24 by the person, such judicial officer shall nevertheless 

25 order the pretrial release of the person— 


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1 ‘‘(A) subject to the condition that the per2 son not commit a Federal, State, or local crime 

3 during the period of release; and 

4 ‘‘(B) subject to the least restrictive further 

5 condition or combination of conditions that 

6 could reasonably mitigate the risk identified, 

7 which may include the condition that the per8 son— 

9 ‘‘(i) remain in the custody of a des10 ignated person, who agrees to assume su11 pervision and to report any violation of a 

12 release condition to the court; 

13 ‘‘(ii) maintain employment, or, if un14 employed, actively seek employment; 

15 ‘‘(iii) maintain or commence an edu16 cational program; 

17 ‘‘(iv) abide by specified restrictions on 

18 personal associations, place of abode, or 

19 travel; 

20 ‘‘(v) avoid all contact with an alleged 

21 victim of the crime and with any potential 

22 witness who may testify concerning the of23 fense; 


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1 ‘‘(vi) report on a regular basis to a 

2 designated law enforcement agency, pre3 trial services agency, or other agency; 

4 ‘‘(vii) comply with a specified curfew; 

5 ‘‘(viii) refrain from possessing a fire6 arm, destructive device, or other dangerous 

7 weapon; 

8 ‘‘(ix) refrain from excessive use of al9 cohol, or any use of a narcotic drug or 

10 other controlled substance, as defined in 

11 section 102 of the Controlled Substances 

12 Act (21 U.S.C. 802), without a prescrip13 tion by a licensed medical practitioner; 

14 ‘‘(x) undergo available medical, psy15 chological, or psychiatric treatment, includ16 ing treatment for drug or alcohol depend17 ency, and remain in a specified institution 

18 if required for that purpose; 

19 ‘‘(xi) return to custody for specified 

20 hours following release for employment, 

21 schooling, or other limited purposes; and 

22 ‘‘(xii) satisfy any other condition that 

23 is necessary to avoid a high risk of inten24 tional nonappearance in court, or a specific 

25 and substantial risk that the person will 


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1 cause bodily injury or use violent force 

2 against the person of another. 

3 ‘‘(2) In any case where the person is charged 

4 with an offense that involves a minor victim under 

5 section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 

6 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 

7 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 

8 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425, or 

9 a failure to register offense under section 2250, ex10 cluding receipt of child pornography, any release 

11 order shall contain a condition of electronic moni12 toring and each of the conditions specified at clauses 

13 (iv) through (viii) of paragraph (1)(B). 

14 ‘‘(3) The judicial officer may not impose any 

15 condition of release that imposes a financial burden 

16 on the person released. Prohibited financial condi17 tions include requiring payment of cash bail, requir18 ing a secured bond, requiring proof of ability to pay 

19 an unsecured bond, requiring execution of a bail 

20 bond or corporate surety bond, requiring a solvent 

21 surety to co-sign a secured or unsecured bond, and 

22 requiring posting of real property. 

23 ‘‘(4) Any person who is deemed financially un24 able to obtain adequate representation and qualifies 

25 for appointed counsel pursuant to other provisions of 


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1 this section or section 3006A is not required to pay 

2 any costs associated with pretrial release or pretrial 

3 supervision including costs of pretrial supervision, 

4 electronic monitoring, global positioning systems 

5 monitoring, medical, psychological, or psychiatric 

6 treatment, and costs associated with any of the 

7 other conditions of release in this subsection. 

8 ‘‘(5) To facilitate appearance in court and ad9 herence to these conditions of release, the judicial of10 ficer shall instruct United States Pretrial Services to 

11 provide individual court reminders, such as remind12 ers via phone call or two-way text message. 

13 ‘‘(6) The judicial officer may at any time 

14 amend the release order to impose additional or dif15 ferent conditions of release. Before the conditions 

16 are modified, the person is entitled to notice of the 

17 proposed modification and an opportunity to be 

18 heard.’’. 

19 (4) By striking subsection (d) and inserting the 

20 following: 

21 ‘‘(d) NO SHACKLING.—No person shall be shackled 

22 or otherwise physically restrained when appearing in court 

23 for any hearing relating to pretrial release or detention, 

24 unless the judicial officer makes a finding by clear and 

25 convincing evidence, in writing or on the record, based on 


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1 individualized, case-specific reasons, that the person poses 

2 an imminent danger to any person in the courtroom.’’. 

3 (5) By striking subsection (e) and inserting the 

4 following: 

5 ‘‘(e) INITIAL APPEARANCE HEARING.— 

6 ‘‘(1) IN GENERAL AND TIMING.—In any initial 

7 appearance before a judicial officer (but in no event 

8 later than 48 hours after entering into custody), the 

9 judicial officer shall conduct an initial appearance 

10 hearing for purposes of advising the person of the 

11 criminal complaint or information, conducting ar12 raignment (as appropriate), allowing consultation 

13 with and appointment of counsel, and determining 

14 whether the judicial officer should release or detain 

15 the person. The judicial officer shall provisionally 

16 appoint counsel to represent any person eligible for 

17 representation under section 3006A (without regard 

18 to any financial ability to secure representation) by 

19 not later than the beginning of the initial appear20 ance hearing if that person is not otherwise rep21 resented by counsel. If at the initial appearance 

22 hearing the person is temporarily detained under 

23 paragraph (3), the judicial officer shall immediately 

24 thereafter, at the same initial appearance, conduct a 

25 pretrial release hearing under subsection (f), unless 


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1 the judicial officer grants a continuance sought by 

2 the person or the attorney for the Government under 

3 paragraph (1) of such subsection. 

4 ‘‘(2) PRESUMPTION OF RELEASE WITHOUT

5 CONDITIONS.—At the initial appearance hearing, the 

6 judicial officer shall order the pretrial release of the 

7 person on personal recognizance under subsection 

8 (b) unless the judicial officer determines that— 

9 ‘‘(A) a condition or combination of condi10 tions is required under subsection (c); or 

11 ‘‘(B) temporary detention is— 

12 ‘‘(i) mandatory under paragraph 

13 (3)(A); 

14 ‘‘(ii) appropriate under paragraph 

15 (3)(B); or 

16 ‘‘(iii) required under paragraph (4). 

17 ‘‘(3) EXCEPTIONS TO IMMEDIATE RELEASE.— 

18 At the initial appearance hearing, the judicial officer 

19 may temporarily detain the person until the pretrial 

20 release hearing only in accordance with the fol21 lowing: 

22 ‘‘(A) MANDATORY TEMPORARY DETENTION

23 PENDING A PRETRIAL RELEASE HEARING.—Ex24 cept as provided in subparagraph (D), the judi25 cial officer shall order temporary detention and 


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1 shall hold a pretrial release hearing under sub2 section (f) when the person is charged with one 

3 of the following offenses: 

4 ‘‘(i) OFFENSES INVOLVING A MINOR

5 VICTIM.—A violation of section 1591, or 

6 any felony that involves a minor victim. 

7 ‘‘(ii) CERTAIN TERRORISM OF8 FENSES.—An offense listed in section 

9 2332b(g)(5)(B) for which a maximum 

10 term of imprisonment of 10 years or more 

11 is prescribed. 

12 ‘‘(iii) OTHER SERIOUS OFFENSES.— 

13 An offense for which the maximum sen14 tence is life imprisonment or death, other 

15 than an offense listed in subparagraph 

16 (B)(i) or (B)(ii) for which the maximum 

17 sentence is life imprisonment. 

18 ‘‘(iv) CERTAIN REPEAT OFFENSES.— 

19 Any felony if the person has been convicted 

20 of two or more offenses described in para21 graph (3)(A)(iii) or (3)(B)(iii) of this sub22 section, or two or more State or local of23 fenses that would have been offenses de24 scribed in paragraph (3)(A)(iii) or 

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1 cumstance giving rise to Federal jurisdic2 tion had existed, or a combination of such 

3 offenses. 

4 ‘‘(B) DISCRETIONARY TEMPORARY DETEN5 TION.—Except as provided in subparagraph 

6 (D), on a showing by the attorney for the Gov7 ernment of a likelihood of success on the merits 

8 at obtaining an order for detention at the pre9 trial release hearing, the judicial officer may 

10 order temporary detention and may hold a pre11 trial release hearing under subsection (f) only 

12 in one of the following circumstances: 

13 ‘‘(i) CERTAIN ALLEGED NARCOTICS

14 OFFENSES.—The person is charged with 

15 an offense for which a minimum term of 

16 imprisonment of ten years or more is pre17 scribed in the Controlled Substances Act 

18 (21 U.S.C. 801 et seq.), the Controlled 

19 Substances Import and Export Act (21 

20 U.S.C. 951 et seq.), or chapter 705 of title 

21 46, and the attorney for the Government 

22 proffers evidence sufficient to support a 

23 finding that the person is an organizer or 

24 leader in the offense or proves, by clear 

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1 ualized facts, that detention is necessary 

2 because the person’s release creates a spe3 cific and substantial risk that the person 

4 will cause bodily injury or use violent force 

5 against the person of another, and proves 

6 by clear and convincing evidence that no 

7 conditions of release could reasonably miti8 gate that risk. 

9 ‘‘(ii) FIREARMS OFFENSES.—The per10 son is charged with any felony that in11 volves the possession or use of a firearm or 

12 destructive device (as those terms are de13 fined in section 921), or any other dan14 gerous weapon. 

15 ‘‘(iii) CRIME OF VIOLENCE.—The per16 son is charged with a crime of violence, as 

17 defined in section 924(c)(3)(A). 

18 ‘‘(iv) FAILURE TO REGISTER.—The 

19 person is charged with a failure to register 

20 felony offense under section 2250. 

21 ‘‘(v) NON-APPEARANCE IN COURT.— 

22 The attorney for the Government proves, 

23 by clear and convincing evidence based on 

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1 appearance in court, and that no condi2 tions of release could reasonably mitigate 

3 that risk. 

4 ‘‘(vi) OBSTRUCTION OF JUSTICE.— 

5 The attorney for the Government proves, 

6 by clear and convincing evidence based on 

7 individualized facts, that there is a high 

8 risk that the person will obstruct or at9 tempt to obstruct justice, or threaten, in10 jure, or intimidate, or attempt to threaten, 

11 injure, or intimidate, a prospective witness 

12 or juror, and that no conditions of release 

13 could reasonably mitigate that risk. 

14 ‘‘(C) LEGAL STANDARD FOR EXCEPTIONS

15 TO IMMEDIATE RELEASE.—The judicial officer 

16 may not order the temporary detention of any 

17 person on the ground that they pose a general18 ized danger or a financial danger to any other 

19 individual or the community. If the judicial offi20 cer does not order detention under subpara21 graph (A) or (B), the judicial officer must order 

22 the immediate release of the person under sub23 section (b) or (c). 

24 ‘‘(D) EXCEPTIONS TO DETENTION.—Dur25 ing any continuance under paragraph (1), a 


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1 person who would otherwise be ordered tempo2 rarily detained under this paragraph may not 

3 be detained if the person establishes extenu4 ating employment, family, or other cir5 cumstances that weigh against temporary de6 tention, in which case the judicial officer shall 

7 release the person under subsection (b) or (c), 

8 pending the pretrial release hearing. 

9 ‘‘(4) TEMPORARY DETENTION TO PERMIT REV10 OCATION OF CONDITIONAL RELEASE, DEPORTATION, 

11 OR EXCLUSION.— 

12 ‘‘(A) During the initial appearance hearing 

13 the judicial officer shall make a determination 

14 as to whether the attorney for the Government 

15 has proven, by a preponderance of the evidence 

16 based on individualized facts, that— 

17 ‘‘(i) the person— 

18 ‘‘(I) is, and was at the time the 

19 offense was committed, on— 

20 ‘‘(aa) release pending trial 

21 for a felony under Federal, State, 

22 or local law; 

23 ‘‘(bb) release pending impo24 sition or execution of sentence, 

25 appeal of sentence or conviction, 


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1 or completion of sentence, for 

2 any offense under Federal, State, 

3 or local law; or 

4 ‘‘(cc) probation or parole for 

5 any offense under Federal, State, 

6 or local law; or 

7 ‘‘(II) is not a national of the 

8 United States or an alien lawfully ad9 mitted for permanent residence, as de10 fined in section 101(a)(20) of the Im11 migration and Nationality Act (8 

12 U.S.C. 1101(a)(20)), and is inadmis13 sible or deportable under such Act; 

14 and 

15 ‘‘(ii) the person’s release creates a 

16 high risk of intentional non-appearance in 

17 court, or a specific and substantial risk 

18 that the person will cause bodily injury or 

19 use violent force against the person of an20 other, and that no conditions of release 

21 could reasonably mitigate that risk. 

22 ‘‘(B) If the judicial officer determines that 

23 the attorney for the Government has satisfied 

24 the requirement under subparagraph (A), such 

25 judicial officer shall order the detention of the 


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1 person, for a period of not more than five days, 

2 excluding Saturdays, Sundays, and holidays, 

3 and direct the attorney for the Government to 

4 notify the appropriate court, probation or pa5 role official, or State or local law enforcement 

6 official, or the appropriate official of the De7 partment of Homeland Security, consistent with 

8 the following: 

9 ‘‘(i) If the appropriate court, proba10 tion, or parole official fails or declines to 

11 take the person into custody during the 

12 five-day period of temporary detention, the 

13 person shall be treated in accordance with 

14 the other provisions of this section. 

15 ‘‘(ii) If temporary detention is sought 

16 under subclause (II) of subparagraph 

17 (A)(i), the person shall be afforded the op18 portunity to enter evidence rebutting any 

19 determination under such subclause. 

20 ‘‘(iii) If the person rebuts the nation21 ality determination, temporary detention 

22 under this paragraph is not permitted. 

23 ‘‘(iv) If the person fails to rebut the 

24 nationality determination, the judicial offi25 cer shall order the temporary detention of 


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1 the person under this paragraph. If the 

2 Department of Homeland Security fails or 

3 declines to take such person into custody 

4 during the five-day period of temporary de5 tention, the person shall be treated in ac6 cordance with other provisions of this sec7 tion and shall not be subject to detention 

8 under the Immigration and Nationality Act 

9 (except section 236A of such Act, 8 U.S.C. 

10 1226A) during the pendency of the case. 

11 ‘‘(5) PRODUCTION OF PRETRIAL SERVICES RE12 PORT.—No later than the initial appearance hearing, 

13 United States Probation and Pretrial Services shall 

14 produce to the judicial officer, the person, and the 

15 attorney for the Government a report detailing infor16 mation pertaining to the pretrial release of that per17 son.’’. 

18 (6) By striking subsection (f) and inserting the 

19 following: 

20 ‘‘(f) PRETRIAL RELEASE HEARING.— 

21 ‘‘(1) IN GENERAL AND TIMING.—If the person 

22 is not ordered released on personal recognizance 

23 without conditions under subsection (b) at the initial 

24 appearance hearing, the judicial officer shall imme25 diately thereafter, at the same initial appearance, 


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1 conduct a pretrial release hearing under subsection 

2 (f), unless the judicial officer grants a continuance 

3 sought by the person or the attorney for the Govern4 ment. A continuance of the pretrial release hearing 

5 on motion of the attorney for the Government must 

6 be supported by good cause and may not exceed 

7 three days (not including any intermediate Saturday, 

8 Sunday, or legal holiday). A continuance of the pre9 trial release hearing on motion of the person may 

10 not exceed five days (not including any intermediate 

11 Saturday, Sunday, or legal holiday). During a con12 tinuance, a person detained temporarily under sub13 section (e)(3) shall be detained until the pretrial re14 lease hearing, unless the person establishes extenu15 ating employment, family, or other circumstances 

16 that weigh against temporary detention, in which 

17 case the judicial officer shall release the person 

18 under subsection (b) or (c) pending the pretrial re19 lease hearing. 

20 ‘‘(2) PRESUMPTION OF RELEASE WITHOUT

21 CONDITIONS.—At the pretrial release hearing, the 

22 judicial officer shall apply a presumption of release 

23 on personal recognizance under subsection (b) unless 

24 the judicial officer determines that a condition or 


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1 combination of conditions is required under sub2 section (c). 

3 ‘‘(3) LEGAL STANDARD AT THE PRETRIAL RE4 LEASE HEARING.— 

5 ‘‘(A) If the person is temporarily detained 

6 at the initial appearance hearing under sub7 section (e)(3)(A), (e)(3)(B)(i), (e)(3)(B)(ii), 

8 (e)(3)(B)(iii), (e)(3)(B)(iv), or (e)(3)(B)(vi), 

9 then at the pretrial release hearing the judicial 

10 officer may order the detention of the person 

11 before trial only if the attorney for the Govern12 ment proves, by clear and convincing evidence 

13 based on individualized facts, that detention is 

14 necessary because the person’s release creates a 

15 specific and substantial risk that the person will 

16 cause bodily injury or use violent force against 

17 the person of another, and proves by clear and 

18 convincing evidence that no conditions of re19 lease could reasonably mitigate that risk. The 

20 judicial officer may not detain any person on 

21 the ground that they pose a generalized danger 

22 or a financial danger to any other individual or 

23 the community. If the attorney for the Govern24 ment did not move for detention under sub25 section (e)(3)(A), (e)(3)(B)(i), (e)(3)(B)(ii), 


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1 (e)(3)(B)(iii), (e)(3)(B)(iv), or (e)(3)(B)(vi) at 

2 the initial appearance hearing yet wishes to 

3 seek detention at the pretrial release hearing 

4 for an offense enumerated in those subsections 

5 on the ground that the person’s release creates 

6 a specific and substantial risk that the person 

7 will cause bodily injury or use violent force 

8 against the person of another, the attorney for 

9 the Government must meet the legal standard 

10 in this subparagraph and also establish by clear 

11 and convincing evidence that such request rests 

12 on evidence that was newly discovered after the 

13 initial appearance and that the failure to dis14 cover the evidence previously was not caused by 

15 any lack of due diligence. 

16 ‘‘(B) If the person is temporarily detained 

17 at the initial appearance hearing under sub18 section (e)(3)(B)(v) or (e)(3)(B)(vi), then at the 

19 pretrial release hearing the judicial officer may 

20 order the detention of the person before trial 

21 only if the attorney for the Government proves, 

22 by clear and convincing evidence based on indi23 vidualized facts, that the person’s release cre24 ates a high risk of intentional non-appearance 

25 in court, and proves by clear and convincing 


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1 evidence that no conditions of release could rea2 sonably mitigate that risk. If the attorney for 

3 the Government did not move for detention 

4 under subsection (e)(3)(B)(v) or (e)(3)(B)(vi) 

5 at the initial appearance hearing yet wishes to 

6 seek detention at the pretrial release hearing on 

7 the ground that the person’s release creates a 

8 high risk of intentional non-appearance in 

9 court, the attorney for the Government must 

10 meet the legal standard in this subparagraph 

11 and also establish by clear and convincing evi12 dence that such request rests on evidence that 

13 was newly discovered after the initial appear14 ance and that the failure to discover the evi15 dence previously was not caused by any lack of 

16 due diligence. 

17 ‘‘(C) At the pretrial release hearing, the 

18 attorney for the Government bears the burden 

19 of proof. If the attorney for the Government 

20 does not meet its burden of proof, the judicial 

21 officer shall release the person under subsection 

22 (b) or (c). 

23 ‘‘(4) PROCEDURE AT THE PRETRIAL RELEASE

24 HEARING.— 

25 ‘‘(A) PROCEDURAL REQUIREMENTS.— 


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1 ‘‘(i) DISCLOSURE REQUIREMENTS.—If 

2 the attorney for the Government requests 

3 detention, then at a reasonable time prior 

4 to the pretrial release hearing the attorney 

5 for the Government shall provide to the 

6 person— 

7 ‘‘(I) notice of the alleged factual 

8 bases for detention; 

9 ‘‘(II) the evidence offered in sup10 port thereof; 

11 ‘‘(III) any information in its pos12 session that is relevant— 

13 ‘‘(aa) to the question of re14 lease, guilt, or punishment; or 

15 ‘‘(bb) to impeachment of the 

16 Government’s witnesses; and 

17 ‘‘(IV) any information in their 

18 possession that is favorable to the per19 son. 

20 ‘‘(ii) REPRESENTATION BY COUN21 SEL.—At the hearing, the person has the 

22 right to be represented by counsel, and, if 

23 financially unable to obtain adequate rep24 resentation, to have counsel appointed 

25 under section 3006A (without regard to 


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1 any financial ability to secure representa2 tion). 

3 ‘‘(iii) PROCEDURAL RIGHTS.—The 

4 person shall be afforded an opportunity to 

5 testify, to subpoena documents and wit6 nesses, to present witnesses, to cross-exam7 ine witnesses who appear at the hearing, 

8 and to present information by proffer or 

9 otherwise. If the person testifies, the per10 son’s testimony is not admissible in any 

11 other criminal proceedings other than as 

12 impeachment evidence if the person testi13 fies at trial. 

14 ‘‘(iv) WITNESS PRODUCTION RE15 QUIREMENT.—The attorney for the Gov16 ernment shall support its detention request 

17 with the testimony of witnesses, unless the 

18 person waives the right to such testimony. 

19 ‘‘(v) ADVERSE INFERENCE.—If the 

20 attorney for the Government fails to com21 ply with the requirements of this subpara22 graph, the judicial officer may draw an ad23 verse inference that weighs against the at24 torney for the Government’s detention re25 quest. 


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1 ‘‘(B) EVIDENTIARY STANDARD.—The rules 

2 concerning admissibility of evidence in criminal 

3 trials do not apply to the presentation and con4 sideration of information at the hearing, except 

5 that hearsay evidence shall not be admitted un6 less the judicial officer determines that the at7 torney for the Government has offered a satis8 factory explanation for not producing the testi9 fying witness, and that the hearsay evidence is 

10 reliable. 

11 ‘‘(5) FACTORS TO BE CONSIDERED AT THE

12 PRETRIAL RELEASE HEARING.—In determining 

13 whether there are conditions of release that could 

14 reasonably mitigate the risks described in paragraph 

15 (3), the judicial officer shall take into account the 

16 available information concerning— 

17 ‘‘(A) the history and characteristics of the 

18 person, including the person’s character, phys19 ical and mental condition, family ties, employ20 ment, financial resources, length of residence in 

21 the community to which the person is seeking 

22 to be released, community ties, past violent con23 duct, criminal history, and record concerning 

24 appearance at court proceedings; 


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1 ‘‘(B) the nature and circumstances of the 

2 offense charged; 

3 ‘‘(C) whether the person’s release creates a 

4 specific and substantial risk that the person will 

5 cause bodily injury or use violent force against 

6 the person of another; 

7 ‘‘(D) the weight of the evidence against the 

8 person, but to preserve the presumption of in9 nocence in subsection (a), the judicial officer 

10 shall give this factor the least weight; 

11 ‘‘(E) whether the person’s age or medical 

12 condition renders them especially vulnerable; 

13 and 

14 ‘‘(F) the conditions of confinement, includ15 ing access to adequate medical, mental health, 

16 and dental treatment, access to medications, 

17 and the person’s ability to privately consult 

18 with counsel and meaningfully prepare a de19 fense. 

20 ‘‘(6) ADDITIONAL DEFENSE BURDEN OF PRO21 DUCTION IN CERTAIN SERIOUS CASES.—The attor22 ney for the Government continues to bear the bur23 den of meeting the legal standard in paragraph (3) 

24 of this subsection, but to obtain release the person 

25 shall present some affirmative mitigating cirVerDate Sep 11 2014 22:10 Jan 26, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H9065.IH H9065

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1 cumstances under paragraph (5) of this subsection 

2 if that person— 

3 ‘‘(A) is accused of— 

4 ‘‘(i) an offense under section 2332b 

5 for which the maximum term of imprison6 ment is 10 years or more; 

7 ‘‘(ii) an offense under chapter 77 of 

8 this title for which the maximum term of 

9 imprisonment is 20 years or more; or 

10 ‘‘(iii) an offense involving a minor vic11 tim under section 1201, 1591, 2241, 2242, 

12 2244(a)(1), 2245, 2251, 2251A, 

13 2252(a)(1), 2252(a)(2), 2252(a)(3), 

14 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 

15 2252A(a)(4), 2260, 2421, 2422, 2423, or 

16 2425; or 

17 ‘‘(B) has been temporarily detained pursu18 ant to subsection (e)(3)(A), if the judicial offi19 cer determines that the attorney for the Gov20 ernment has proven— 

21 ‘‘(i) the person has been convicted of 

22 a Federal offense that is described in sub23 section (e)(3)(A), or of a State or local of24 fense that would have been an offense de25 scribed in subsection (e)(3)(A) if a cirVerDate Sep 11 2014 22:10 Jan 26, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H9065.IH H9065

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1 cumstance giving rise to Federal jurisdic2 tion had existed; 

3 ‘‘(ii) the offense described in clause (i) 

4 was committed while the person was on re5 lease pending trial for a Federal, State, or 

6 local offense; and 

7 ‘‘(iii) a period of not more than five 

8 years has elapsed since the date of convic9 tion, or the release of the person from im10 prisonment, for the offense described in 

11 clause (i), whichever is later.’’. 

12 (7) By striking subsections (g) through (j). 

13 (8) By adding at the end the following: 

14 ‘‘(g) CONTENTS OF RELEASE AND DETENTION

15 ORDER.— 

16 ‘‘(1) CONTENTS OF RELEASE ORDER.—If the 

17 judicial officer orders pretrial release, the judicial of18 ficer shall— 

19 ‘‘(A) in cases where the judicial officer im20 poses conditions of release under subsection (c), 

21 provide written findings of fact and a written 

22 statement of reasons explaining why any condi23 tions imposed is the least restrictive necessary 

24 to reasonably mitigate any individualized and 

25 specific risks posed by the person; 


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1 ‘‘(B) include a written statement that sets 

2 forth all the conditions to which the release is 

3 subject, in a manner sufficiently clear and spe4 cific to serve as a guide for the person’s con5 duct; and 

6 ‘‘(C) advise the person of— 

7 ‘‘(i) the penalties for violating a condi8 tion of release, including the penalties for 

9 committing an offense while on pretrial re10 lease; 

11 ‘‘(ii) the consequences of violating a 

12 condition of release, including the imme13 diate issuance of a warrant for the per14 son’s arrest; and 

15 ‘‘(iii) sections 1503 of this title (relat16 ing to intimidation of witnesses, jurors, 

17 and officers of the court), 1510 (relating 

18 to obstruction of criminal investigations), 

19 1512 (tampering with a witness, victim, or 

20 an informant), and 1513 (retaliating 

21 against a witness, victim, or an informant). 

22 ‘‘(2) CONTENTS OF DETENTION ORDER.—If the 

23 judicial officer orders pretrial detention, the judicial 

24 officer shall— 


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1 ‘‘(A) provide written findings of fact and a 

2 written statement of the reasons for the deten3 tion, identifying whether the detention is based 

4 on a finding that the person’s release creates a 

5 high risk of non-appearance in court or a spe6 cific and substantial risk that the person will 

7 cause bodily injury or use violent force against 

8 the person of another, and stating that no con9 dition or combination of conditions could rea10 sonably mitigate that risk; 

11 ‘‘(B) direct that the person be committed 

12 to the custody of the Attorney General for con13 finement in a corrections facility separate, to 

14 the extent practicable, from persons awaiting or 

15 serving sentences or being held in custody pend16 ing appeal; 

17 ‘‘(C) direct that the person be afforded 

18 reasonable opportunity for private consultation 

19 with counsel; 

20 ‘‘(D) direct that, on order of a court of the 

21 United States or on request of an attorney for 

22 the Government, the person in charge of the 

23 correctional facility in which the person is con24 fined deliver the person to a United States 


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1 Marshal for the purpose of an appearance in 

2 connection with a court proceeding; 

3 ‘‘(E) direct that any place of pretrial con4 finement shall conform to the Federal Perform5 ance Based Detention Standards; 

6 ‘‘(F) direct that the correctional facility in 

7 which the person is confined provide immediate 

8 access to adequate medical, mental health, and 

9 dental treatment and promptly provide any 

10 medications; and 

11 ‘‘(G) direct that any person with an objec12 tively serious medical or mental health condi13 tion be subject to a periodic (based on a deter14 mination of what period would be appropriate 

15 to the individual’s condition) review before the 

16 judicial officer to ensure that the place of pre17 trial confinement is adequately addressing said 

18 condition, and to consider appropriate alter19 natives to continued confinement, if necessary. 

20 ‘‘(h) SUBSEQUENT ORDER FOR TEMPORARY RE21 LEASE.— 

22 ‘‘(1) The judicial officer may, by subsequent 

23 order, permit the temporary release of a person to 

24 the extent that the judicial officer determines such 

25 release to be necessary for the person to privately 


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1 consult with counsel; meaningfully prepare a de2 fense; obtain access to medical, mental health, or 

3 dental treatment that has not been adequately pro4 vided by the place of pretrial confinement; or for any 

5 other compelling reason. 

6 ‘‘(2) The judicial officer may, by subsequent 

7 order, permit the temporary release of a person who 

8 has been detained to allow the person to attend a 

9 major life event of an immediate family member, 

10 such as a wedding, birth, religious ritual, gradua11 tion, deathbed visit, or funeral, if the judicial officer 

12 finds that conditions of release could reasonably 

13 mitigate any previously identified risk for the limited 

14 period of release. An immediate family member is 

15 defined as a spouse, domestic partner, cohabitant, 

16 child, stepchild, grandchild, parent, stepparent, 

17 mother-in-law, father-in-law, son-in-law, daughter-in18 law, grandparent, brother, sister, half-brother, half19 sister, stepsibling, brother-in-law, sister-in-law, aunt, 

20 uncle, niece, nephew, or first cousin. 

21 ‘‘(i) PROCEDURES IN REMOVAL CASES.— 

22 ‘‘(1) A person who is arrested or summoned to 

23 court in a district other than where the offense was 

24 allegedly committed (hereinafter in this section re25 ferred to as the ‘arresting district’) shall be entitled 


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1 to an initial appearance hearing and a pretrial re2 lease hearing in the arresting district. The initial ap3 pearance hearing shall occur no more than 48 hours 

4 after the person enters custody. Upon appearance 

5 before a judicial officer in the arresting district, the 

6 person shall be detained or released as provided in 

7 subsections (a) through (h) of this section. 

8 ‘‘(2) If the judicial officer in the arresting dis9 trict orders the detention of the person pending 

10 transfer to the district where the offense was alleg11 edly committed (hereinafter in this section referred 

12 to as the ‘charging district’), the person shall be 

13 taken before a judicial officer in the charging dis14 trict not more than 5 days after the initial appear15 ance hearing in the arresting district and shall re16 ceive an initial appearance hearing and pretrial re17 lease hearing in the charging district in accordance 

18 with subsections (a) through (h) of this section. The 

19 judicial officer in the charging district is not bound 

20 by any factual or legal determinations made by the 

21 judicial officer in the arresting district. 

22 ‘‘(3) If the judicial officer in the arresting dis23 trict orders the person released pending transfer to 

24 the charging district, the person shall receive a 

25 prompt initial appearance hearing in the charging 


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1 district. If the person appears as directed in the 

2 charging district and is performing satisfactorily on 

3 release, the person is entitled to a presumption that 

4 all conditions of release continue unchanged in the 

5 charging district. The attorney for the Government 

6 shall have the right to appeal the release order to 

7 the district court in the arresting district only. Any 

8 government appeal must be conducted on an expe9 dited basis. Either party can move to modify the 

10 conditions of release in the charging district under 

11 this section. 

12 ‘‘(4) If the judicial officer in the arresting dis13 trict orders the person detained pending transfer to 

14 the charging district, the person shall be informed of 

15 the right to an expedited appeal to the district court 

16 in the arresting district, and such appeal shall be 

17 heard within 72 hours unless the person consents to 

18 a delay. Any appeal by the Government must also be 

19 conducted on an expedited basis.’’. 

20 SEC. 4. REVIEW AND APPEAL OF A RELEASE OR DETEN21 TION ORDER. 

22 Section 3145 of title 18, United States Code, is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) in the matter following paragraph (2), 

2 by striking ‘‘The motion shall be determined 

3 promptly.’’; 

4 (B) by striking the matter preceding para5 graph (1), and inserting ‘‘Except in a removal 

6 case covered by section 3142(i), if a person is 

7 ordered released by a magistrate judge—’’; 

8 (C) in paragraph (1)— 

9 (i) by striking ‘‘court having original 

10 jurisdiction over the offense’’ and inserting 

11 ‘‘district court’’; 

12 (ii) by inserting after ‘‘conditions of 

13 release’’ the following: ‘‘at any time before 

14 trial’’; and 

15 (iii) by striking ‘‘and’’; and 

16 (D) by striking paragraph (2) and insert17 ing the following: 

18 ‘‘(2) the person may file, with the magistrate 

19 judge or with the district court, a motion for amend20 ment of the conditions of release at any time before 

21 trial; and 

22 ‘‘(3) motions under this subsection shall be de23 termined promptly.’’; 

24 (2) by striking subsection (b) and inserting the 

25 following: 


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1 ‘‘(b) REVIEW OF A DETENTION ORDER.— 

2 ‘‘(1) REVIEW BY A MAGISTRATE JUDGE.—Ex3 cept in a removal case covered by section 3142(i), if 

4 a person is ordered detained by a magistrate judge, 

5 the person may file with the magistrate judge a mo6 tion for reconsideration or amendment of the order 

7 for any reason material to the inquiry in section 

8 3142, at any time before trial. The person is entitled 

9 to a hearing on that motion. The pretrial release 

10 hearing standards in subsection (f) of section 3142 

11 govern at that reopened hearing. 

12 ‘‘(2) REVIEW BY A DISTRICT COURT.—Except 

13 in a removal case covered by section 3142(i), if a 

14 person is ordered detained by a magistrate judge, 

15 the person may file, with the district court, a motion 

16 for pretrial release. The motion shall be heard within 

17 72 hours unless the person consents to a delay. The 

18 district court shall review the motion and release or 

19 detain the person after a hearing under section 

20 3142.’’; 

21 (3) in subsection (c), by striking ‘‘The appeal 

22 shall be determined promptly’’ and all that follows 

23 and inserting the following: ‘‘If a judicial officer or24 ders pretrial detention, the person shall be informed 

25 of the right to an appeal. Such appeal shall be heard 


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1 within 72 hours unless the person consents to a 

2 delay. The judicial officer may order a person who 

3 has been detained under section 3142 released pend4 ing the appeal of the detention order if it is clearly 

5 shown that there are exceptional reasons why such 

6 person’s detention would not be appropriate.’’; and 

7 (4) by inserting, at the end, the following: 

8 ‘‘(d) RELEASE PENDING REVIEW OR APPEAL.—If a 

9 person is ordered released by a magistrate judge and the 

10 attorney for the Government files a motion for revocation 

11 of the release order or a motion for amendment of the 

12 conditions of release with the district court under para13 graph (1) of subsection (a), or the attorney for the Gov14 ernment files an appeal from a release order with the court 

15 of appeals under subsection (c) of this section, the person 

16 shall remain on pretrial release pending review or appeal. 

17 A release order shall not be stayed pending review or ap18 peal.’’. 

19 SEC. 5. SANCTIONS FOR VIOLATION OF A RELEASE CONDI20 TION. 

21 Section 3148 of title 18, United States Code, is 

22 amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 


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1 ‘‘(a) AVAILABLE SANCTIONS FOR VIOLATION OF RE2 LEASE.—If the judicial officer finds that a person who has 

3 been released under section 3142 has violated a condition 

4 of release, the judicial officer may— 

5 ‘‘(1) continue the person on pretrial release 

6 without new conditions; 

7 ‘‘(2) continue the person on pretrial release 

8 with new conditions; or 

9 ‘‘(3) revoke the person’s release and enter an 

10 order of detention.’’; 

11 (2) in subsection (b)— 

12 (A) by inserting after ‘‘A judicial officer 

13 may issue a’’ the following: ‘‘summons to ap14 pear in court or a’’; and 

15 (B) by striking paragraph (2) (including 

16 the matter following subparagraph (B)) and in17 serting the following: 

18 ‘‘(2) finds that, based on the factors set forth 

19 in section 3142(f)(5) and based on individualized 

20 facts, the person poses a high risk of intentional 

21 non-appearance in court or poses a specific and sub22 stantial risk that the person will cause bodily injury 

23 or use violent force against the person of another, 

24 and that no conditions of release could reasonably 

25 mitigate that risk.’’; and 


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1 (3) by striking subsection (c). 

2 SEC. 6. PRETRIAL DETENTION AND RELEASE DATA AND RE3 PORTING. 

4 (a) IN GENERAL.—Chapter 207 of title 18, United 

5 States Code, is amended by inserting after section 3154 

6 the following new section: 

7 ‘‘§ 3154A. Pretrial detention and release data and re8 porting 

9 ‘‘(a) DATA COLLECTION.—The Administrative Office 

10 of the U.S. Courts, United States Probation and Pretrial 

11 Services, the United States Sentencing Commission, and 

12 the Executive Office of United States Attorneys shall each 

13 maintain records with respect to pretrial detention and re14 lease for each person charged with a Federal crime. These 

15 records shall include: 

16 ‘‘(1) Demographic information, including race, 

17 Hispanic ethnicity, age, sex, and citizenship status. 

18 ‘‘(2) The type of crime charged. 

19 ‘‘(3) Whether during the initial appearance 

20 hearing the person was represented by a Federal or 

21 community defender attorney, counsel appointed 

22 under section 3006A, private counsel, or was unrep23 resented. 

24 ‘‘(4) Whether during the pretrial release hear25 ing the person was represented by a Federal or comVerDate Sep 11 2014 22:10 Jan 26, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H9065.IH H9065

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1 munity defender attorney, counsel appointed under 

2 section 3006A, private counsel, or was unrepre3 sented. 

4 ‘‘(5) The person’s pretrial risk assessment (in 

5 this section referred to as ‘PTRA’) score. 

6 ‘‘(6) Whether the person was detained after 

7 their initial appearance hearing and if so, the legal 

8 basis for detention. 

9 ‘‘(7) Whether the person was released after 

10 their initial appearance hearing and if so, the terms 

11 and conditions of that release, including the amount 

12 of the bond, whether the bond was secured or unse13 cured, and if the bond was secured, whether it was 

14 secured by money, property, or other collateral. 

15 ‘‘(8) Whether the charged crime qualifies for 

16 mandatory or temporary detention at the initial ap17 pearance hearing under section 3142(e)(3)(A) or 

18 section 3142(e)(3)(B) of this title. 

19 ‘‘(9) Whether the prosecutor moves for manda20 tory temporary detention under section 

21 3142(e)(3)(A) or discretionary temporary detention 

22 under section 3142(e)(3)(B). 

23 ‘‘(10) Whether the charged crime requires an 

24 additional burden of production for the defense at 

25 the pretrial release hearing under section 3142(f)(6). 


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1 ‘‘(11) Whether a subsequent pretrial release 

2 hearing was held. 

3 ‘‘(12) Whether the person was detained after 

4 the pretrial release hearing and if so, the legal basis 

5 for detention. 

6 ‘‘(13) Whether the person was released after 

7 the pretrial release hearing and if so, the terms and 

8 conditions of that release, including the amount of 

9 the bond, whether the bond was secured or unse10 cured, and if the bond was secured, whether it was 

11 secured by money, property, or other collateral. 

12 ‘‘(14) If a bond was set at any point, whether 

13 a condition of the person’s release was electronic 

14 monitoring. 

15 ‘‘(15) Whether the person was detained at the 

16 time of case disposition, including at the time of 

17 guilty plea entry, jury conviction, acquittal, dis18 missal, or other case disposition. 

19 ‘‘(16) If the person was convicted, whether the 

20 person was detained at the time of sentencing. 

21 ‘‘(17) The number of days spent in pretrial de22 tention prior to sentencing or prior to other non-con23 viction disposition. 


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1 ‘‘(18) Whether the person violated a technical 

2 condition of pretrial release at any time prior to sen3 tencing or prior to other non-conviction disposition. 

4 ‘‘(19) Whether the person was charged with a 

5 new criminal offense at any time prior to sentencing 

6 or prior to other non-conviction disposition. 

7 ‘‘(20) Whether the person’s bond was revoked 

8 for failing to appear in court at any time. 

9 ‘‘(21) The charges filed. 

10 ‘‘(22) The final charges of conviction. 

11 ‘‘(23) The sentence imposed, if applicable. 

12 ‘‘(b) FEDERAL JUSTICE STATISTICS PROGRAM

13 DATA.— 

14 ‘‘(1) IN GENERAL.—The data collected under 

15 subsection (a) shall be reported to the Federal Jus16 tice Statistics program of the Bureau of Justice Sta17 tistics, with identifiers allowing it to be linked to 

18 other data from that program on the same cases. 

19 ‘‘(2) PUBLICATION.—The data reported under 

20 paragraph (1), shall be made available annually to 

21 the National Archive of Criminal Justice Data, with22 out identifying the persons involved, for research 

23 purposes. 

24 ‘‘(3) INTEGRATION.—The Administrative Office 

25 of the U.S. Courts, United States Probation and 


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1 Pretrial Services, the United States Sentencing 

2 Commission, and the Executive Office of the United 

3 States Attorneys may choose to integrate the data 

4 under subsection (a) within existing datasets pro5 vided to the Federal Justice Statistics program of 

6 the Bureau of Justice Statistics. 

7 ‘‘(c) PUBLICATION.—The Administrative Office of 

8 the U.S. Courts shall publish, on a quarterly basis, na9 tional data and data for each district in the aggregate and 

10 disaggregated by race, Hispanic ethnicity, counsel status, 

11 sex, age, and type of crime charged, on the following: 

12 ‘‘(1) Pretrial detention and release rates. 

13 ‘‘(2) The median or average duration of pretrial 

14 detention. 

15 ‘‘(3) The median PTRA score. 

16 ‘‘(4) The number of people not represented by 

17 counsel during the entirety of the initial appearance 

18 hearing. 

19 ‘‘(5) The number of people detained after the 

20 initial appearance hearing. 

21 ‘‘(6) The number of people released after the 

22 initial appearance hearing. 

23 ‘‘(7) The number of people detained after the 

24 pretrial release hearing. 


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1 ‘‘(8) The number of people released after the 

2 pretrial release hearing. 

3 ‘‘(9) The number of people who qualified for 

4 mandatory or temporary detention at the initial ap5 pearance hearing under section 3142(e)(3)(A) or 

6 section 3142(e)(3)(B) of this title. 

7 ‘‘(10) The number of cases that required an ad8 ditional burden of production for the defense at the 

9 pretrial release hearing under section 3142(f)(6) of 

10 this title. 

11 ‘‘(11) The number of people detained without a 

12 pretrial release hearing being held. 

13 ‘‘(12) The number of people released on an un14 secured bond. 

15 ‘‘(13) The number of people released on a se16 cured bond. 

17 ‘‘(14) The number of people released on a bond 

18 for which one of the conditions is electronic moni19 toring. 

20 ‘‘(15) The number of people who violated a 

21 technical condition of pretrial release at any time 

22 prior to sentencing or prior to other non-conviction 

23 disposition. 


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1 ‘‘(16) The number of people charged with a 

2 new criminal offense at any time prior to sentencing 

3 or prior to other non-conviction disposition. 

4 ‘‘(17) The number of people whose bond was 

5 revoked for failing to appear in court at any time.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 for title 18, United States Code, is amended by inserting 

8 after the item relating to section 3154 the following: 

‘‘3154A. Pretrial detention and release data and reporting.’’. 

9 SEC. 7. CONFORMING AMENDMENTS. 

10 Rule 32.1 of the Federal Rules of Criminal Proce11 dure, is amended in subsection (a)— 

12 (1) by striking paragraph (6) and inserting the 

13 following: 

14 ‘‘(6) RELEASE OR DETENTION.— 

15 ‘‘(A) IN GENERAL.—A person held in cus16 tody must be taken without unnecessary delay 

17 before a judicial officer and shall receive an ini18 tial appearance hearing. At the initial appear19 ance hearing, the judicial officer shall issue an 

20 order as set forth in section 3142(e) and sec21 tion 3142(g) of title 18, United States Code. 

22 All provisions of sections 3142(b) and (c) of 

23 title 18, United States Code, shall apply. 

24 ‘‘(B) MANDATORY TEMPORARY DETENTION

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1 pearance hearing, the judicial officer shall pro2 ceed under section 3142(e)(3)(A) of title 18, 

3 United States Code, if the petition alleges a vio4 lation predicated on the initiation of a new 

5 criminal prosecution against the person— 

6 ‘‘(i) a Federal, State or local offense 

7 punishable by a term of imprisonment ex8 ceeding one year that— 

9 ‘‘(I) is an offense that is a felony 

10 and has as an element the use, at11 tempted use, or threatened use of 

12 physical force against the person or 

13 property of another, or 

14 ‘‘(II) involves the possession of a 

15 firearm or destructive device of a type 

16 described in 26 U.S.C. 5845(a); or 

17 ‘‘(ii) any other Federal, State, or local 

18 offense punishable by a term of imprison19 ment exceeding 20 years. 

20 ‘‘(C) DISCRETIONARY TEMPORARY DETEN21 TION.—At the initial appearance hearing, the 

22 judicial officer shall proceed under section 

23 3142(e)(3)(B) of title 18, United States Code, 

24 for all categories of violation not described in 

25 subparagraph (B).’’; and 


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1 (2) by inserting at the end the following: 

2 ‘‘(7) PRETRIAL RELEASE HEARING.—At the 

3 pretrial release hearing, the judicial officer shall fol4 low the procedures as set forth in section 3142(f) of 

5 title 18, United States Code.’’. 

Æ 


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