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 pend-
ing trial, sentence, or appeal, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Bail Reform 
Act of 2020’’. 
SEC. 2. RELEASE OR DETENTION OF A DEFENDANT PEND-
ING SENTENCE OR APPEAL. 
Section 3143 of title 18, United States Code, is 
amended— 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: ‘‘A person who has been 
found guilty of an offense and who is awaiting 
imposition or execution of sentence is entitled 
to a presumption of release if, at the time of 
the guilt determination, the person is on release 
and performing satisfactorily. The person is 
also entitled to a presumption that all condi-
tions of release continue unchanged. If the at-
torney for the Government moves to detain the 
person, the person may only be detained after 
consideration of the factors listed in section 
3142(f)(5).’’; and 
(B) by striking paragraph (2); 
(2) in subsection (b)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘Except 
as provided in paragraph (2), the’’ and insert-
ing ‘‘The’’; 
(B) in paragraph (1), by striking subpara-
graph (A), and inserting the following: 
‘‘(A) by a preponderance of the evidence 
that release does not pose a high risk of inten-
tional non-appearance in court or a specific and 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
substantial risk that the person will cause bod-
ily injury or use violent force against the person 
of another if released under section 3142(b) or 
(c); and’’; 
(C) in paragraph (1)(B)(i), by striking 
‘‘reversal,’’ and inserting ‘‘reversal of the con-
viction,’’; 
(D) by striking paragraph (2), and insert-
ing the following: 
‘‘(3) The person may file a motion requesting 
that a judge other than the trial judge hear the mo-
tion for release if they are moving under paragraph 
(1)(B)(i) or (1)(B)(ii).’’; and 
(E) in the matter preceding paragraph 
(2)— 
(i) by striking ‘‘If the judicial officer 
makes such findings’’ and inserting the fol-
lowing: 
‘‘(2) If the judicial officer makes such find-
ings’’; and 
(ii) 
by 
striking 
‘‘subparagraph 
(B)(iv)’’ 
and 
inserting 
‘‘paragraph 
(1)(B)(iv)’’; and 
(3) by striking subsection (c), and inserting the 
following: 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(c) RELEASE OR DETENTION PENDING APPEAL BY 
THE GOVERNMENT.—In a case in which an appeal of a 
dispositive motion has been taken by the United States 
under section 3731, the person is entitled to a presump-
tion of release under section 3142(b) or (c), unless it is 
clearly shown that there are exceptional reasons why such 
person’s detention would be appropriate. For cases in 
which an appeal of a person’s sentence has been taken 
by the United States under section 3742, if the person 
is already on release and performing satisfactorily, the 
person is entitled to a presumption that all conditions of 
release continue unchanged; if the person is already de-
tained, the judicial officer shall— 
‘‘(1) if the person has been sentenced to a term 
of imprisonment of 120 months or more, continue 
the order of detention; or 
‘‘(2) if the person has been sentenced to a term 
of imprisonment of less than 120 months, release or 
detain the person under section 3142.’’. 
SEC. 3. RELEASE OR DETENTION OF A DEFENDANT PEND-
ING TRIAL. 
Section 3142 of title 18, United States Code, is 
amended as follows: 
(1) By striking subsection (a) and inserting the 
following: 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(a) PRESUMPTION OF INNOCENCE.—Nothing in this 
section shall be construed as modifying or limiting the pre-
sumption of innocence.’’. 
(2) By striking subsection (b) and inserting the 
following: 
‘‘(b) PRESUMPTION OF RELEASE WITHOUT CONDI-
TIONS.—In all cases, the judicial officer shall apply a pre-
sumption of release on personal recognizance subject to 
subsections (c), (e), and (f).’’. 
(3) By striking subsection (c) and inserting the 
following: 
‘‘(c) IMPOSING CONDITIONS OF RELEASE.— 
‘‘(1) If at the initial appearance hearing or the 
pretrial release hearing the judicial officer deter-
mines by a preponderance of the evidence, based on 
individualized facts, that the person’s release on per-
sonal recognizance under subsection (b) creates a 
high risk of intentional non-appearance in court, or 
a specific and substantial risk that the person will 
cause bodily injury or use violent force against the 
person of another, and the judicial officer deter-
mines that a combination of conditions under this 
subsection would reasonably mitigate any risk posed 
by the person, such judicial officer shall nevertheless 
order the pretrial release of the person— 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) subject to the condition that the per-
son 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 
could reasonably mitigate the risk identified, 
which may include the condition that the per-
son— 
‘‘(i) remain in the custody of a des-
ignated person, who agrees to assume su-
pervision and to report any violation of a 
release condition to the court; 
‘‘(ii) maintain employment, or, if un-
employed, actively seek employment; 
‘‘(iii) maintain or commence an edu-
cational 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 any potential 
witness who may testify concerning the of-
fense; 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(vi) report on a regular basis to a 
designated law enforcement agency, pre-
trial services agency, or other agency; 
‘‘(vii) comply with a specified curfew; 
‘‘(viii) refrain from possessing a fire-
arm, destructive device, or other dangerous 
weapon; 
‘‘(ix) refrain from excessive use of al-
cohol, 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 prescrip-
tion by a licensed medical practitioner; 
‘‘(x) undergo available medical, psy-
chological, or psychiatric treatment, includ-
ing treatment for drug or alcohol depend-
ency, and remain in a specified institution 
if required for that purpose; 
‘‘(xi) return to custody for specified 
hours following release for employment, 
schooling, or other limited purposes; and 
‘‘(xii) satisfy any other condition that 
is necessary to avoid a high risk of inten-
tional nonappearance in court, or a specific 
and substantial risk that the person will 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
cause bodily injury or use violent force 
against the person of another. 
‘‘(2) In any case where the person is charged 
with an offense that involves 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, or 
a failure to register offense under section 2250, ex-
cluding receipt of child pornography, any release 
order shall contain a condition of electronic moni-
toring and each of the conditions specified at clauses 
(iv) through (viii) of paragraph (1)(B). 
‘‘(3) The judicial officer may not impose any 
condition of release that imposes a financial burden 
on the person released. Prohibited financial condi-
tions include requiring payment of cash bail, requir-
ing a secured bond, requiring proof of ability to pay 
an unsecured bond, requiring execution of a bail 
bond or corporate surety bond, requiring a solvent 
surety to co-sign a secured or unsecured bond, and 
requiring posting of real property. 
‘‘(4) Any person who is deemed financially un-
able to obtain adequate representation and qualifies 
for appointed counsel pursuant to other provisions of 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
this section or section 3006A is not required to pay 
any costs associated with pretrial release or pretrial 
supervision including costs of pretrial supervision, 
electronic monitoring, global positioning systems 
monitoring, medical, psychological, or psychiatric 
treatment, and costs associated with any of the 
other conditions of release in this subsection. 
‘‘(5) To facilitate appearance in court and ad-
herence to these conditions of release, the judicial of-
ficer shall instruct United States Pretrial Services to 
provide individual court reminders, such as remind-
ers via phone call or two-way text message. 
‘‘(6) The judicial officer may at any time 
amend the release order to impose additional or dif-
ferent conditions of release. Before the conditions 
are modified, the person is entitled to notice of the 
proposed modification and an opportunity to be 
heard.’’. 
(4) By striking subsection (d) and inserting the 
following: 
‘‘(d) NO SHACKLING.—No person shall be shackled 
or otherwise physically restrained when appearing in court 
for any hearing relating to pretrial release or detention, 
unless the judicial officer makes a finding by clear and 
convincing evidence, in writing or on the record, based on 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
individualized, case-specific reasons, that the person poses 
an imminent danger to any person in the courtroom.’’. 
(5) By striking subsection (e) and inserting the 
following: 
‘‘(e) INITIAL APPEARANCE HEARING.— 
‘‘(1) IN GENERAL AND TIMING.—In any initial 
appearance before a judicial officer (but in no event 
later than 48 hours after entering into custody), the 
judicial officer shall conduct an initial appearance 
hearing for purposes of advising the person of the 
criminal complaint or information, conducting ar-
raignment (as appropriate), allowing consultation 
with and appointment of counsel, and determining 
whether the judicial officer should release or detain 
the person. The judicial officer shall provisionally 
appoint counsel to represent any person eligible for 
representation under section 3006A (without regard 
to any financial ability to secure representation) by 
not later than the beginning of the initial appear-
ance hearing if that person is not otherwise rep-
resented by counsel. If at the initial appearance 
hearing the person is temporarily detained under 
paragraph (3), the judicial officer shall immediately 
thereafter, at the same initial appearance, conduct a 
pretrial release hearing under subsection (f), unless 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
shall hold a pretrial release hearing under sub-
section (f) when the person is charged with one 
of the following offenses: 
‘‘(i) OFFENSES INVOLVING A MINOR 
VICTIM.—A violation of section 1591, or 
any felony that involves a minor victim. 
‘‘(ii) 
CERTAIN
TERRORISM
OF-
FENSES.—An offense listed in section 
2332b(g)(5)(B) for which a maximum 
term of imprisonment of 10 years or more 
is prescribed. 
‘‘(iii) OTHER
SERIOUS
OFFENSES.— 
An offense for which the maximum sen-
tence is life imprisonment or death, other 
than an offense listed in subparagraph 
(B)(i) or (B)(ii) for which the maximum 
sentence is life imprisonment. 
‘‘(iv) CERTAIN REPEAT OFFENSES.— 
Any felony if the person has been convicted 
of two or more offenses described in para-
graph (3)(A)(iii) or (3)(B)(iii) of this sub-
section, or two or more State or local of-
fenses that would have been offenses de-
scribed 
in 
paragraph 
(3)(A)(iii) 
or 
(3)(B)(iii) of this subsection if a cir-
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
cumstance giving rise to Federal jurisdic-
tion had existed, or a combination of such 
offenses. 
‘‘(B) DISCRETIONARY TEMPORARY DETEN-
TION.—Except as provided in subparagraph 
(D), on a showing by the attorney for the Gov-
ernment of a likelihood of success on the merits 
at obtaining an order for detention at the pre-
trial release hearing, the judicial officer may 
order temporary detention and may hold a pre-
trial release hearing under subsection (f) only 
in one of the following circumstances: 
‘‘(i) CERTAIN
ALLEGED
NARCOTICS 
OFFENSES.—The person is charged with 
an offense for which a minimum term of 
imprisonment of ten years or more is pre-
scribed 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 chapter 705 of title 
46, and the attorney for the Government 
proffers evidence sufficient to support a 
finding that the person is an organizer or 
leader in the offense or proves, by clear 
and convincing evidence based on individ-
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
ualized facts, that detention is necessary 
because the person’s release creates a spe-
cific and substantial risk that the person 
will cause bodily injury or use violent force 
against the person of another, and proves 
by clear and convincing evidence that no 
conditions of release could reasonably miti-
gate that risk. 
‘‘(ii) FIREARMS OFFENSES.—The per-
son is charged with any felony that in-
volves the possession or use of a firearm or 
destructive device (as those terms are de-
fined in section 921), or any other dan-
gerous weapon. 
‘‘(iii) CRIME OF VIOLENCE.—The per-
son is charged with a crime of violence, as 
defined in section 924(c)(3)(A). 
‘‘(iv) FAILURE
TO
REGISTER.—The 
person is charged with a failure to register 
felony offense under section 2250. 
‘‘(v) NON-APPEARANCE IN COURT.— 
The attorney for the Government proves, 
by clear and convincing evidence based on 
individualized facts, that the person’s re-
lease creates a high risk of intentional non- 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
appearance in court, and that no condi-
tions of release could reasonably mitigate 
that risk. 
‘‘(vi) OBSTRUCTION
OF
JUSTICE.— 
The attorney for the Government proves, 
by clear and convincing evidence based on 
individualized facts, that there is a high 
risk that the person will obstruct or at-
tempt to obstruct justice, or threaten, in-
jure, or intimidate, or attempt to threaten, 
injure, or intimidate, a prospective witness 
or juror, and that no conditions of release 
could reasonably mitigate that risk. 
‘‘(C) LEGAL STANDARD FOR EXCEPTIONS 
TO IMMEDIATE RELEASE.—The judicial officer 
may not order the temporary detention of any 
person on the ground that they pose a general-
ized danger or a financial danger to any other 
individual or the community. If the judicial offi-
cer does not order detention under subpara-
graph (A) or (B), the judicial officer must order 
the immediate release of the person under sub-
section (b) or (c). 
‘‘(D) EXCEPTIONS TO DETENTION.—Dur-
ing any continuance under paragraph (1), a 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
person who would otherwise be ordered tempo-
rarily detained under this paragraph may not 
be detained if the person establishes extenu-
ating 
employment, 
family, 
or 
other 
cir-
cumstances that weigh against temporary de-
tention, in which case the judicial officer shall 
release the person under subsection (b) or (c), 
pending the pretrial release hearing. 
‘‘(4) TEMPORARY DETENTION TO PERMIT REV-
OCATION OF CONDITIONAL RELEASE, DEPORTATION, 
OR EXCLUSION.— 
‘‘(A) During the initial appearance hearing 
the judicial officer shall make a determination 
as to whether the attorney for the Government 
has proven, by a preponderance of the evidence 
based on individualized facts, that— 
‘‘(i) the person— 
‘‘(I) is, and was at the time the 
offense was committed, on— 
‘‘(aa) release pending trial 
for a felony under Federal, State, 
or local law; 
‘‘(bb) release pending impo-
sition or execution of sentence, 
appeal of sentence or conviction, 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
or completion of sentence, for 
any offense under Federal, State, 
or local law; or 
‘‘(cc) probation or parole for 
any offense under Federal, State, 
or local law; or 
‘‘(II) is not a national of the 
United States or an alien lawfully ad-
mitted for permanent residence, as de-
fined in section 101(a)(20) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)(20)), and is inadmis-
sible or deportable under such Act; 
and 
‘‘(ii) the person’s release creates a 
high risk of intentional non-appearance in 
court, or a specific and substantial risk 
that the person will cause bodily injury or 
use violent force against the person of an-
other, and that no conditions of release 
could reasonably mitigate that risk. 
‘‘(B) If the judicial officer determines that 
the attorney for the Government has satisfied 
the requirement under subparagraph (A), such 
judicial officer shall order the detention of the 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
person, for a period of not more than five days, 
excluding Saturdays, Sundays, and holidays, 
and direct the attorney for the Government to 
notify the appropriate court, probation or pa-
role official, or State or local law enforcement 
official, or the appropriate official of the De-
partment of Homeland Security, consistent with 
the following: 
‘‘(i) If the appropriate court, proba-
tion, or parole official fails or declines to 
take the person into custody during the 
five-day period of temporary detention, the 
person shall be treated in accordance with 
the other provisions of this section. 
‘‘(ii) If temporary detention is sought 
under subclause (II) of subparagraph 
(A)(i), the person shall be afforded the op-
portunity to enter evidence rebutting any 
determination under such subclause. 
‘‘(iii) If the person rebuts the nation-
ality determination, temporary detention 
under this paragraph is not permitted. 
‘‘(iv) If the person fails to rebut the 
nationality determination, the judicial offi-
cer shall order the temporary detention of 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
the person under this paragraph. If the 
Department of Homeland Security fails or 
declines to take such person into custody 
during the five-day period of temporary de-
tention, the person shall be treated in ac-
cordance with other provisions of this sec-
tion and shall not be subject to detention 
under the Immigration and Nationality Act 
(except section 236A of such Act, 8 U.S.C. 
1226A) during the pendency of the case. 
‘‘(5) PRODUCTION OF PRETRIAL SERVICES RE-
PORT.—No later than the initial appearance hearing, 
United States Probation and Pretrial Services shall 
produce to the judicial officer, the person, and the 
attorney for the Government a report detailing infor-
mation pertaining to the pretrial release of that per-
son.’’. 
(6) By striking subsection (f) and inserting the 
following: 
‘‘(f) PRETRIAL RELEASE HEARING.— 
‘‘(1) IN GENERAL AND TIMING.—If the person 
is not ordered released on personal recognizance 
without conditions under subsection (b) at the initial 
appearance hearing, the judicial officer shall imme-
diately thereafter, at the same initial appearance, 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
conduct a pretrial release hearing under subsection 
(f), unless the judicial officer grants a continuance 
sought by the person or the attorney for the Govern-
ment. A continuance of the pretrial release hearing 
on motion of the attorney for the Government must 
be supported by good cause and may not exceed 
three days (not including any intermediate Saturday, 
Sunday, or legal holiday). A continuance of the pre-
trial release hearing on motion of the person may 
not exceed five days (not including any intermediate 
Saturday, Sunday, or legal holiday). During a con-
tinuance, a person detained temporarily under sub-
section (e)(3) shall be detained until the pretrial re-
lease hearing, unless the person establishes extenu-
ating employment, family, or other circumstances 
that weigh against temporary detention, in which 
case the judicial officer shall release the person 
under subsection (b) or (c) pending the pretrial re-
lease hearing. 
‘‘(2) PRESUMPTION
OF
RELEASE
WITHOUT 
CONDITIONS.—At the pretrial release hearing, the 
judicial officer shall apply a presumption of release 
on personal recognizance under subsection (b) unless 
the judicial officer determines that a condition or 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
combination of conditions is required under sub-
section (c). 
‘‘(3) LEGAL STANDARD AT THE PRETRIAL RE-
LEASE HEARING.— 
‘‘(A) If the person is temporarily detained 
at the initial appearance hearing under sub-
section (e)(3)(A), (e)(3)(B)(i), (e)(3)(B)(ii), 
(e)(3)(B)(iii), (e)(3)(B)(iv), or (e)(3)(B)(vi), 
then at the pretrial release hearing the judicial 
officer may order the detention of the person 
before trial only if the attorney for the Govern-
ment proves, by clear and convincing evidence 
based on individualized facts, that detention is 
necessary because the person’s release creates a 
specific and substantial risk that the person will 
cause bodily injury or use violent force against 
the person of another, and proves by clear and 
convincing evidence that no conditions of re-
lease could reasonably mitigate that risk. The 
judicial officer may not detain any person on 
the ground that they pose a generalized danger 
or a financial danger to any other individual or 
the community. If the attorney for the Govern-
ment did not move for detention under sub-
section (e)(3)(A), (e)(3)(B)(i), (e)(3)(B)(ii), 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
(e)(3)(B)(iii), (e)(3)(B)(iv), or (e)(3)(B)(vi) at 
the initial appearance hearing yet wishes to 
seek detention at the pretrial release hearing 
for an offense enumerated in those subsections 
on the ground that the person’s release creates 
a specific and substantial risk that the person 
will cause bodily injury or use violent force 
against the person of another, the attorney for 
the Government must meet the legal standard 
in this subparagraph and also establish by clear 
and convincing evidence that such request rests 
on evidence that was newly discovered after the 
initial appearance and that the failure to dis-
cover the evidence previously was not caused by 
any lack of due diligence. 
‘‘(B) If the person is temporarily detained 
at the initial appearance hearing under sub-
section (e)(3)(B)(v) or (e)(3)(B)(vi), then at the 
pretrial release hearing the judicial officer may 
order the detention of the person before trial 
only if the attorney for the Government proves, 
by clear and convincing evidence based on indi-
vidualized facts, that the person’s release cre-
ates a high risk of intentional non-appearance 
in court, and proves by clear and convincing 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS
evidence that no conditions of release could rea-
sonably mitigate that risk. If the attorney for 
the Government did not move for detention 
under subsection (e)(3)(B)(v) or (e)(3)(B)(vi) 
at the initial appearance hearing yet wishes to 
seek detention at the pretrial release hearing on 
the ground that the person’s release creates a 
high risk of intentional non-appearance in 
court, the attorney for the Government must 
meet the legal standard in this subparagraph 
and also establish by clear and convincing evi-
dence that such request rests on evidence that 
was newly discovered after the initial appear-
ance and that the failure to discover the evi-
dence previously was not caused by any lack of 
due diligence. 
‘‘(C) At the pretrial release hearing, the 
attorney for the Government bears the burden 
of proof. If the attorney for the Government 
does not meet its burden of proof, the judicial 
officer shall release the person under subsection 
(b) or (c). 
‘‘(4) PROCEDURE AT THE PRETRIAL RELEASE 
HEARING.— 
‘‘(A) PROCEDURAL REQUIREMENTS.— 
VerDate Sep 11 2014 
22:10 Jan 26, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H9065.IH
H9065
pamtmann on DSKBC07HB2PROD with BILLS