‘‘(i) DISCLOSURE REQUIREMENTS.—If 
the attorney for the Government requests 
detention, then at a reasonable time prior 
to the pretrial release hearing the attorney 
for the Government shall provide to the 
person— 
‘‘(I) notice of the alleged factual 
bases for detention; 
‘‘(II) the evidence offered in sup-
port thereof; 
‘‘(III) any information in its pos-
session that is relevant— 
‘‘(aa) to the question of re-
lease, guilt, or punishment; or 
‘‘(bb) to impeachment of the 
Government’s witnesses; and 
‘‘(IV) any information in their 
possession that is favorable to the per-
son. 
‘‘(ii) REPRESENTATION
BY
COUN-
SEL.—At the hearing, the person has the 
right to be represented by counsel, and, if 
financially unable to obtain adequate rep-
resentation, to have counsel appointed 
under section 3006A (without regard to 
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any financial ability to secure representa-
tion). 
‘‘(iii) 
PROCEDURAL
RIGHTS.—The 
person shall be afforded an opportunity to 
testify, to subpoena documents and wit-
nesses, to present witnesses, to cross-exam-
ine witnesses who appear at the hearing, 
and to present information by proffer or 
otherwise. If the person testifies, the per-
son’s testimony is not admissible in any 
other criminal proceedings other than as 
impeachment evidence if the person testi-
fies at trial. 
‘‘(iv) 
WITNESS
PRODUCTION
RE-
QUIREMENT.—The attorney for the Gov-
ernment shall support its detention request 
with the testimony of witnesses, unless the 
person waives the right to such testimony. 
‘‘(v) ADVERSE
INFERENCE.—If the 
attorney for the Government fails to com-
ply with the requirements of this subpara-
graph, the judicial officer may draw an ad-
verse inference that weighs against the at-
torney for the Government’s detention re-
quest. 
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‘‘(B) EVIDENTIARY STANDARD.—The rules 
concerning admissibility of evidence in criminal 
trials do not apply to the presentation and con-
sideration of information at the hearing, except 
that hearsay evidence shall not be admitted un-
less the judicial officer determines that the at-
torney for the Government has offered a satis-
factory explanation for not producing the testi-
fying witness, and that the hearsay evidence is 
reliable. 
‘‘(5) FACTORS
TO
BE
CONSIDERED
AT
THE 
PRETRIAL
RELEASE
HEARING.—In 
determining 
whether there are conditions of release that could 
reasonably mitigate the risks described in paragraph 
(3), the judicial officer shall take into account the 
available information concerning— 
‘‘(A) the history and characteristics of the 
person, including the person’s character, phys-
ical and mental condition, family ties, employ-
ment, financial resources, length of residence in 
the community to which the person is seeking 
to be released, community ties, past violent con-
duct, criminal history, and record concerning 
appearance at court proceedings; 
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‘‘(B) the nature and circumstances of the 
offense charged; 
‘‘(C) whether 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; 
‘‘(D) the weight of the evidence against the 
person, but to preserve the presumption of in-
nocence in subsection (a), the judicial officer 
shall give this factor the least weight; 
‘‘(E) whether the person’s age or medical 
condition renders them especially vulnerable; 
and 
‘‘(F) the conditions of confinement, includ-
ing access to adequate medical, mental health, 
and dental treatment, access to medications, 
and the person’s ability to privately consult 
with counsel and meaningfully prepare a de-
fense. 
‘‘(6) ADDITIONAL DEFENSE BURDEN OF PRO-
DUCTION IN CERTAIN SERIOUS CASES.—The attor-
ney for the Government continues to bear the bur-
den of meeting the legal standard in paragraph (3) 
of this subsection, but to obtain release the person 
shall present some affirmative mitigating cir-
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cumstances under paragraph (5) of this subsection 
if that person— 
‘‘(A) is accused of— 
‘‘(i) an offense under section 2332b 
for which the maximum term of imprison-
ment is 10 years or more; 
‘‘(ii) an offense under chapter 77 of 
this title for which the maximum term of 
imprisonment is 20 years or more; or 
‘‘(iii) an offense involving a minor vic-
tim 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 
‘‘(B) has been temporarily detained pursu-
ant to subsection (e)(3)(A), if the judicial offi-
cer determines that the attorney for the Gov-
ernment has proven— 
‘‘(i) the person has been convicted of 
a Federal offense that is described in sub-
section (e)(3)(A), or of a State or local of-
fense that would have been an offense de-
scribed in subsection (e)(3)(A) if a cir-
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cumstance giving rise to Federal jurisdic-
tion had existed; 
‘‘(ii) the offense described in clause (i) 
was committed while the person was on re-
lease pending trial for a Federal, State, or 
local offense; and 
‘‘(iii) a period of not more than five 
years has elapsed since the date of convic-
tion, or the release of the person from im-
prisonment, for the offense described in 
clause (i), whichever is later.’’. 
(7) By striking subsections (g) through (j). 
(8) By adding at the end the following: 
‘‘(g) CONTENTS
OF
RELEASE
AND
DETENTION 
ORDER.— 
‘‘(1) CONTENTS OF RELEASE ORDER.—If the 
judicial officer orders pretrial release, the judicial of-
ficer shall— 
‘‘(A) in cases where the judicial officer im-
poses conditions of release under subsection (c), 
provide written findings of fact and a written 
statement of reasons explaining why any condi-
tions imposed is the least restrictive necessary 
to reasonably mitigate any individualized and 
specific risks posed by the person; 
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‘‘(B) include a written statement that sets 
forth all the conditions to which the release is 
subject, in a manner sufficiently clear and spe-
cific to serve as a guide for the person’s con-
duct; and 
‘‘(C) advise the person of— 
‘‘(i) the penalties for violating a condi-
tion of release, including the penalties for 
committing an offense while on pretrial re-
lease; 
‘‘(ii) the consequences of violating a 
condition of release, including the imme-
diate issuance of a warrant for the per-
son’s arrest; and 
‘‘(iii) sections 1503 of this title (relat-
ing to intimidation of witnesses, jurors, 
and officers of the court), 1510 (relating 
to obstruction of criminal investigations), 
1512 (tampering with a witness, victim, or 
an informant), and 1513 (retaliating 
against a witness, victim, or an informant). 
‘‘(2) CONTENTS OF DETENTION ORDER.—If the 
judicial officer orders pretrial detention, the judicial 
officer shall— 
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‘‘(A) provide written findings of fact and a 
written statement of the reasons for the deten-
tion, identifying whether the detention is based 
on a finding that the person’s release creates a 
high risk of non-appearance in court or a spe-
cific and substantial risk that the person will 
cause bodily injury or use violent force against 
the person of another, and stating that no con-
dition or combination of conditions could rea-
sonably mitigate that risk; 
‘‘(B) direct that the person be committed 
to the custody of the Attorney General for con-
finement in a corrections facility separate, to 
the extent practicable, from persons awaiting or 
serving sentences or being held in custody pend-
ing appeal; 
‘‘(C) direct that the person be afforded 
reasonable opportunity for private consultation 
with counsel; 
‘‘(D) direct that, on order of a court of the 
United States or on request of an attorney for 
the Government, the person in charge of the 
correctional facility in which the person is con-
fined deliver the person to a United States 
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Marshal for the purpose of an appearance in 
connection with a court proceeding; 
‘‘(E) direct that any place of pretrial con-
finement shall conform to the Federal Perform-
ance Based Detention Standards; 
‘‘(F) direct that the correctional facility in 
which the person is confined provide immediate 
access to adequate medical, mental health, and 
dental treatment and promptly provide any 
medications; and 
‘‘(G) direct that any person with an objec-
tively serious medical or mental health condi-
tion be subject to a periodic (based on a deter-
mination of what period would be appropriate 
to the individual’s condition) review before the 
judicial officer to ensure that the place of pre-
trial confinement is adequately addressing said 
condition, and to consider appropriate alter-
natives to continued confinement, if necessary. 
‘‘(h) SUBSEQUENT ORDER
FOR TEMPORARY RE-
LEASE.— 
‘‘(1) The judicial officer may, by subsequent 
order, permit the temporary release of a person to 
the extent that the judicial officer determines such 
release to be necessary for the person to privately 
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consult with counsel; meaningfully prepare a de-
fense; obtain access to medical, mental health, or 
dental treatment that has not been adequately pro-
vided by the place of pretrial confinement; or for any 
other compelling reason. 
‘‘(2) The judicial officer may, by subsequent 
order, permit the temporary release of a person who 
has been detained to allow the person to attend a 
major life event of an immediate family member, 
such as a wedding, birth, religious ritual, gradua-
tion, deathbed visit, or funeral, if the judicial officer 
finds that conditions of release could reasonably 
mitigate any previously identified risk for the limited 
period of release. An immediate family member is 
defined as a spouse, domestic partner, cohabitant, 
child, stepchild, grandchild, parent, stepparent, 
mother-in-law, father-in-law, son-in-law, daughter-in- 
law, grandparent, brother, sister, half-brother, half- 
sister, stepsibling, brother-in-law, sister-in-law, aunt, 
uncle, niece, nephew, or first cousin. 
‘‘(i) PROCEDURES IN REMOVAL CASES.— 
‘‘(1) A person who is arrested or summoned to 
court in a district other than where the offense was 
allegedly committed (hereinafter in this section re-
ferred to as the ‘arresting district’) shall be entitled 
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to an initial appearance hearing and a pretrial re-
lease hearing in the arresting district. The initial ap-
pearance hearing shall occur no more than 48 hours 
after the person enters custody. Upon appearance 
before a judicial officer in the arresting district, the 
person shall be detained or released as provided in 
subsections (a) through (h) of this section. 
‘‘(2) If the judicial officer in the arresting dis-
trict orders the detention of the person pending 
transfer to the district where the offense was alleg-
edly committed (hereinafter in this section referred 
to as the ‘charging district’), the person shall be 
taken before a judicial officer in the charging dis-
trict not more than 5 days after the initial appear-
ance hearing in the arresting district and shall re-
ceive an initial appearance hearing and pretrial re-
lease hearing in the charging district in accordance 
with subsections (a) through (h) of this section. The 
judicial officer in the charging district is not bound 
by any factual or legal determinations made by the 
judicial officer in the arresting district. 
‘‘(3) If the judicial officer in the arresting dis-
trict orders the person released pending transfer to 
the charging district, the person shall receive a 
prompt initial appearance hearing in the charging 
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district. If the person appears as directed in the 
charging district and is performing satisfactorily on 
release, the person is entitled to a presumption that 
all conditions of release continue unchanged in the 
charging district. The attorney for the Government 
shall have the right to appeal the release order to 
the district court in the arresting district only. Any 
government appeal must be conducted on an expe-
dited basis. Either party can move to modify the 
conditions of release in the charging district under 
this section. 
‘‘(4) If the judicial officer in the arresting dis-
trict orders the person detained pending transfer to 
the charging district, the person shall be informed of 
the right to an expedited appeal to the district court 
in the arresting district, and such appeal shall be 
heard within 72 hours unless the person consents to 
a delay. Any appeal by the Government must also be 
conducted on an expedited basis.’’. 
SEC. 4. REVIEW AND APPEAL OF A RELEASE OR DETEN-
TION ORDER. 
Section 3145 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
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‘‘(b) REVIEW OF A DETENTION ORDER.— 
‘‘(1) REVIEW BY A MAGISTRATE JUDGE.—Ex-
cept in a removal case covered by section 3142(i), if 
a person is ordered detained by a magistrate judge, 
the person may file with the magistrate judge a mo-
tion for reconsideration or amendment of the order 
for any reason material to the inquiry in section 
3142, at any time before trial. The person is entitled 
to a hearing on that motion. The pretrial release 
hearing standards in subsection (f) of section 3142 
govern at that reopened hearing. 
‘‘(2) REVIEW BY A DISTRICT COURT.—Except 
in a removal case covered by section 3142(i), if a 
person is ordered detained by a magistrate judge, 
the person may file, with the district court, a motion 
for pretrial release. The motion shall be heard within 
72 hours unless the person consents to a delay. The 
district court shall review the motion and release or 
detain the person after a hearing under section 
3142.’’; 
(3) in subsection (c), by striking ‘‘The appeal 
shall be determined promptly’’ and all that follows 
and inserting the following: ‘‘If a judicial officer or-
ders pretrial detention, the person shall be informed 
of the right to an appeal. Such appeal shall be heard 
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within 72 hours unless the person consents to a 
delay. The judicial officer may order a person who 
has been detained under section 3142 released pend-
ing the appeal of the detention order if it is clearly 
shown that there are exceptional reasons why such 
person’s detention would not be appropriate.’’; and 
(4) by inserting, at the end, the following: 
‘‘(d) RELEASE PENDING REVIEW OR APPEAL.—If a 
person is ordered released by a magistrate judge and the 
attorney for the Government files a motion for revocation 
of the release order or a motion for amendment of the 
conditions of release with the district court under para-
graph (1) of subsection (a), or the attorney for the Gov-
ernment files an appeal from a release order with the court 
of appeals under subsection (c) of this section, the person 
shall remain on pretrial release pending review or appeal. 
A release order shall not be stayed pending review or ap-
peal.’’. 
SEC. 5. SANCTIONS FOR VIOLATION OF A RELEASE CONDI-
TION. 
Section 3148 of title 18, United States Code, is 
amended— 
(1) by striking subsection (a) and inserting the 
following: 
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‘‘(a) AVAILABLE SANCTIONS FOR VIOLATION OF RE-
LEASE.—If the judicial officer finds that a person who has 
been released under section 3142 has violated a condition 
of release, the judicial officer may— 
‘‘(1) continue the person on pretrial release 
without new conditions; 
‘‘(2) continue the person on pretrial release 
with new conditions; or 
‘‘(3) revoke the person’s release and enter an 
order of detention.’’; 
(2) in subsection (b)— 
(A) by inserting after ‘‘A judicial officer 
may issue a’’ the following: ‘‘summons to ap-
pear in court or a’’; and 
(B) by striking paragraph (2) (including 
the matter following subparagraph (B)) and in-
serting the following: 
‘‘(2) finds that, based on the factors set forth 
in section 3142(f)(5) and based on individualized 
facts, the person poses a high risk of intentional 
non-appearance in court or poses a specific and sub-
stantial risk that the person will cause bodily injury 
or use violent force against the person of another, 
and that no conditions of release could reasonably 
mitigate that risk.’’; and 
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(3) by striking subsection (c). 
SEC. 6. PRETRIAL DETENTION AND RELEASE DATA AND RE-
PORTING. 
(a) IN GENERAL.—Chapter 207 of title 18, United 
States Code, is amended by inserting after section 3154 
the following new section: 
‘‘§ 3154A. Pretrial detention and release data and re-
porting 
‘‘(a) DATA COLLECTION.—The Administrative Office 
of the U.S. Courts, United States Probation and Pretrial 
Services, the United States Sentencing Commission, and 
the Executive Office of United States Attorneys shall each 
maintain records with respect to pretrial detention and re-
lease for each person charged with a Federal crime. These 
records shall include: 
‘‘(1) Demographic information, including race, 
Hispanic ethnicity, age, sex, and citizenship status. 
‘‘(2) The type of crime charged. 
‘‘(3) Whether during the initial appearance 
hearing the person was represented by a Federal or 
community defender attorney, counsel appointed 
under section 3006A, private counsel, or was unrep-
resented. 
‘‘(4) Whether during the pretrial release hear-
ing the person was represented by a Federal or com-
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munity defender attorney, counsel appointed under 
section 3006A, private counsel, or was unrepre-
sented. 
‘‘(5) The person’s pretrial risk assessment (in 
this section referred to as ‘PTRA’) score. 
‘‘(6) Whether the person was detained after 
their initial appearance hearing and if so, the legal 
basis for detention. 
‘‘(7) Whether the person was released after 
their initial appearance hearing and if so, the terms 
and conditions of that release, including the amount 
of the bond, whether the bond was secured or unse-
cured, and if the bond was secured, whether it was 
secured by money, property, or other collateral. 
‘‘(8) Whether the charged crime qualifies for 
mandatory or temporary detention at the initial ap-
pearance hearing under section 3142(e)(3)(A) or 
section 3142(e)(3)(B) of this title. 
‘‘(9) Whether the prosecutor moves for manda-
tory 
temporary 
detention 
under 
section 
3142(e)(3)(A) or discretionary temporary detention 
under section 3142(e)(3)(B). 
‘‘(10) Whether the charged crime requires an 
additional burden of production for the defense at 
the pretrial release hearing under section 3142(f)(6). 
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‘‘(11) Whether a subsequent pretrial release 
hearing was held. 
‘‘(12) Whether the person was detained after 
the pretrial release hearing and if so, the legal basis 
for detention. 
‘‘(13) Whether the person was released after 
the pretrial release hearing and if so, the terms and 
conditions of that release, including the amount of 
the bond, whether the bond was secured or unse-
cured, and if the bond was secured, whether it was 
secured by money, property, or other collateral. 
‘‘(14) If a bond was set at any point, whether 
a condition of the person’s release was electronic 
monitoring. 
‘‘(15) Whether the person was detained at the 
time of case disposition, including at the time of 
guilty plea entry, jury conviction, acquittal, dis-
missal, or other case disposition. 
‘‘(16) If the person was convicted, whether the 
person was detained at the time of sentencing. 
‘‘(17) The number of days spent in pretrial de-
tention prior to sentencing or prior to other non-con-
viction disposition. 
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