An Act to revise existing bail practices in courts of the United States, and for other purposes
PL 89-465 (S.1357), enacted 06/22/1966

214 
PUBLIC LAW 89-465-JUNE 22, 1966 
[80 STAT. 
Public Law 89-465 
June 22, 1966 
AN ACT 
^^" ^357] 
rj^ revise existing bail practices in courts of the United States, and for other 
purposes. 
Bail Reform Act 
of 1966. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Bail Reform Act of 1966". 
SEC. 2. The purpose of this Act is to revise the practices relating to 
bail to assure that all persons, regardless of their financial status, shall 
not needlessly be detained pending their appearance to answer charges, 
to testify, or pending appeal, when detention serves neither the ends 
of justice nor the public interest. 
SEC. 3. (a) Chapter 207 of title 18, United States Code, is amended 
68^s a*^*?/?^^' 
^^ striking out section 3146 and inserting in lieu thereof the following 
new sections: 
"§ 3146. Release in noncapital cases prior to trial 
"(a) Any person charged with an offense, other than an offense 
punishable by death, shall, at his appearance before a judicial officer, 
be ordered released pending trial on his personal recognizance or upon 
the execution of an unsecured appearance bond in an amount specified 
by the judicial officer, unless the officer determines, in the exercise of 
his discretion, that such a release will not reasonably assure the appear-
ance of the person as required. 
When such a determination is made, 
the judicial officer shall, either in lieu of or in addition to the above 
methods of release, impose the first of the follow^ing conditions of 
release which will reasonably assure the appearance of the person for 
trial or, if no single condition gives that assurance, any combination 
of the following conditions: 
"(1) place the person in the custody of a designated person or 
organization agreeing to supervise him; 
"(2) place restrictions on the travel, association, or place of 
abode of the person during the period of release; 
"(3) require the execution of an appearance bond in a specified 
amount and the deposit in the registry of the court, in cash or 
other security as directed, of a sum not to exceed 10 per centum 
of the amount of the bond, such deposit to be returned upon the 
performance of the conditions of release; 
"(4) require the execution of a bail bond with sufficient solvent 
sureties, or the deposit of cash in lieu thereof; or 
"(5) impose any other condition deemed reasonably necessary 
to assure appearance as required, including a condition requiring 
that the person return to custody after specified hours, 
"(b) In determining which conditions of release wall reasonably 
assure appearance, the judicial officer shall, on the basis of available 
information, take into account the nature and circumstances of the 
offense charged, the weight of the evidence against the accused, the 
accused's family ties, employment, financial resources, character and 
mental condition, the length of his residence in the community, his 
record of convictions, and his record of appearance at court proceed-
ings or of flight to avoid prosecution or failure to appear at court 
proceedings. 
"(c) A judicial officer authorizing the release of a person under 
this section shall issue an appropriate order containing a statement 
of the conditions imposed, if any, shall inform such person of the 
penalties applicable to violations of the conditions of his release and 
shall advise him that a warrant for his arrest will be issued immedi-
ately upon any such violation. 
80 STAT. ] 
PUBLIC LAW 89-465-JUNE 22, 1966 
215 
"(d) A person for wliom conditions of release are imposed and 
who after twenty-four hours from tlie time of the release hearing con-
tinues to be detained as a result of his inability to meet the conditions 
of release, shall, upon application, be entitled to have the conditions 
reviewed by the judicial officer who imposed them. Unless the con-
ditions of release are amended and the person is thereupon released, 
the judicial officer shall set forth in writing the reasons for requiring 
the conditions imposed. 
A person who is ordered released on a con-
dition which requires that he return to custody after specified hours 
shall, upon application, be entitled to a review by the judicial officer 
who imposed the condition. 
Unless the requirement is removed and 
the person is thereupon released on another condition, the judicial 
officer shall set forth in writing the reasons for continuing the require-
ment. 
In the event that the judicial officer who imposed conditions of 
release is not available, any other judicial officer in the district may 
review such conditions, 
"(e) A judicial officer ordering the release of a person on any con-
dition specified in this section may at any time amend his order to 
impose additional or different conditions of release: Provided^ That, 
if the imposition of such additional or different conditions results in 
the detention of the person as a result of his inability to meet such 
conditions or in the release of the person on a condition requiring him 
to return to custody after specified hours, the provisions of subsection 
(d) shall apply. 
"(f) Information stated in, or offered in connection with, any order 
entered pursuant to this section need not conform to the rules pertain-
ing to the admissibility of evidence in a court of law. 
" (g) Nothing contained in this section shall be construed to prevent 
the disposition of any case or class of cases by forfeiture of collateral 
security where such disposition is authorized by the court. 
"§ 3147. Appeal from conditions of release 
"(a) A person who is detained, or whose release on a condition 
requiring him to return to custody after specified hours is continued, 
after review of his application pursuant to section 3146(d) or section 
3146(e) by a judicial officer, other than a judge of the court having 
original jurisdiction over the offense with which he is charged or 
a judge of a United States court of appeals or a Justice of the Supreme 
Court, may move the court having original jurisdiction over the offense 
with which he is charged to amend the order. 
Said motion shall be 
determined promptly. 
"(b) In any case in which a person is detained after (1) a court 
denies a motion under subsection (a) to amend an order imposing 
conditions of release, or (2) conditions of release have been imposed 
or amended by a judge of the court having original jurisdiction over 
the offense charged, an appeal may be taken to the court having appel-
late jurisdiction over such court. 
Any order so appealed shall be 
affirmed if it is supported by the proceedings below. 
If the order 
is not so supported, the court may remand the case for a further 
hearing, or may, w^ith or without additional evidence, order the person 
releas^ pursuant to section 3146 (a). 
The appeal shall be determined 
promptly. 
"§ 3148. Release in capital cases or after conviction 
"A person (1) who is charged with an offense punishable by death, 
or (2) w^ho has been convicted of an offense and is either awaiting sen-
tence or has filed an appeal or a petition for a writ of certiorari, shall 
be treated in accordance with the provisions of section 3146 unless 
the court or judge has reason to believe that no one or more conditions 
of release will reasonably assure that the person will not flee or pose 
216 
PUBLIC LAW 89.465-JUNE 22, 1966 
[80 STAT. 
a danger to any other person or to the community. If such a risk of 
flight or danger is beheved to exist, or if it appears that an appeal 
is frivolous or taken for delay, the person may be ordered detained. 
The provisions of section 3147 shall not apply to persons described 
in this section: Provided^ That other rights to judicial review of con-
ditions of release or orders of detention shall not be affected. 
"§ 3149. Release of material witnesses 
"If it appears by affidavit that the testimony of a person is mate-
rial in any criminal proceeding, and if it is shown that it may 
become impracticable to secure his presence by subpena, a judicial offi-
cer shall impose conditions of release pursuant to section 3146. No 
material witness shall be detained because of inability to comply with 
any condition of release if the testimony of such witness can adequately 
be secured by deposition, and further detention is not necessary to 
prevent a failure of justice. Release may be delayed for a reasonable 
period of time until the deposition of the witness can be taken pursuant 
to the Federal Rules of Criminal Procedure. 
"§ 3150. Penalties for failure to appear 
"Whoever, having been released pursuant to this chapter, .willfully 
fails to appear before any court or judicial officer as required, shall, 
subject to tlie provisions of the Federal Rules of Criminal Procedure, 
incur a forfeiture of any security which was given or pledged for his 
release, and, in addition, shall, (1) if he was released in connection 
with a charge of felony, or while awaiting sentence or pending appeal 
or certiorari after conviction of any offense, be fined not more than 
$5,000 or imprisoned not more than five years, or both, or (2) if he 
was released in connection with a-charge of misdemeanor, be fined 
not more than the maximum provided for such misdemeanor or im-
prisoned for not more than one year, or both, or (3) if he was released 
for appearance as a material witness, shall be fined not more than 
$1,000 or imprisoned for not more than one year, or both. 
"§3151. Contempt 
"Nothing in this chapter shall interfere with or prevent the exercise 
by any court of the United States of its power to punish for contempt. 
"§ 3152. Definitions 
"As used in sections 3146-3150 of this chapter— 
"(1) The term 'judicial officer' means, unless otherwise indi-
cated, any person or court authorized pursuant to section 3041 
of this title, or the Federal Rules of Criminal Procedure, to bail 
or otherwise release a person before trial or sentencing or pending 
appeal in a court of the United States, and any judge of the 
District of Columbia Court of General Sessions; and 
"(2) The term 'offense' means any criminal offense, other than 
an offense triable by court-martial, military commission, provost 
court, or other military tribunal, which is in violation of an Act 
of Congress and is triable in any court established by Act of 
Congress." 
(b) The analysis of chapter 207 of title 18, United States Code, is 
amended by striking out the last item and inserting in lieu thereof 
the following: 
•'3146. Release in noncapital cases prior to trial. 
".3147. Appeal from conditions of release. 
"3148. Release in capital cases or after convution. 
"3149. Release of material witnesses. 
"3150. Penalties for failure to appear. 
"31.51. Contempt. 
"3152. Definitions." 
62 Stat. 815. 
80 STAT. ] 
PUBLIC LAW 89.466-JUNE 22, 1966 
217 
SEC. 4. The first paragraph of section 3568 of title 18, United States 
Code, is amended to read as follows: 
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"The sentence of imprisonment of any person convicted of an of-
fense shall commence to run from the date on which such person is 
received at the penitentiary, reformatory, or jail for service of such 
sentence. The Attorney General shall give any such person credit 
toward service of his sentence for any days spent in custody in 
connection with the offense or acts for which sentence was imposed. 
As used in this section, the term 'offense' means anj^ criminal offense, 
other than an offense triable by court-martial, military commission, 
provost court, or other military tribunal, which is in violation of an 
Act of Congress and is triable in any court established by Act of 
Congress." 
SEC. 5. (a) The first sentence of section 3041 of title 18, United 
States Code, is amended by striking out "or bailed" and inserting in 
lieu thereof "or released as provided in chapter 207 of this title". 
(b) Section 3141 of such title is amended by striking out all that 
follows "offenders," and inserting in lieu thereof the following: "but 
only a court of the United States having original jurisdiction in 
criminal cases, or a justice or judge thereof, may admit to bail or other-
wise release a person charged with an offense punishable by death." 
(c) Section 3142 of such title is amended by striking out "and 
admitted to bail" and inserting in lieu thereof "who is released on the 
execution of an appearance bail bond with one or more sureties". 
(d) Section 3143 of such title is amended by striking out "admitted 
to bail" and inserting in lieu thereof "released on the execution of an 
appearance bail bond with one or more sureties". 
(e) (1) The heading to chapter 207 of such title is amended by 
striking out "BAIL" and inserting in lieu thereof "RELEASE". 
(2) The table of contents to part I I of such title is amended by 
striking out "207. Bail" and inserting in lieu thereof "207. Release". 
SEC. 6. This Act shall take effect ninety days after the date on which 
Effective date. 
it is enacted: Provided^ That the provisions of section 4 shall be appli-
cable only to sentences imposed on or after the effective date. 
Approved June 22, 1966. 
Public Law 89-466 
AN ACT 
June 22, 1
9
6
(
5 
To amend title 38, United States Code, to increase dependency and indemnity 
[H. R. 3177] 
compensation in certain cases. 
Veterans. 
Dependency and 
Be it ervacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That subsection 
412(b), title 38, United States Code, is amended to read as follows: indemnuTcompeiT-
"(b) In any case where the amount of dependency and indemnity ^^75°^^^^ ggg 
compensation payable under this chapter to a widow who has children 
is less than the amount of pension which would be payable to (1) 
such widow, or (2) such children if the widow were not entitled, under 
chapter 15 of this title had the death occurred under circumstances ^^^ ^^^ ^"^ ®
' 
authorizing payment of death pension, the Administrator shall pay 
dependency and indemnity compensation to such widow in an amount 
equal to such amount of pension." 
Approved June 22, 1966. 
seq-