Title 18Crimes and Criminal ProcedureRelease 119-73

§4285 Persons released pending further judicial proceedings

Title 18 › Part PART III— - PRISONS AND PRISONERS › Chapter CHAPTER 315— - DISCHARGE AND RELEASE PAYMENTS › § 4285

Last updated Apr 6, 2026|Official source

Summary

A federal judge or magistrate judge can order the United States marshal to arrange travel without custody or to pay the fare for someone released under chapter 207 so they can get to a required court appearance. The judge must decide it serves the interests of justice and, after asking questions, find the person cannot afford the trip. The judge can also order the marshal to give money for subsistence up to the per diem amount allowed under section 5702(a) of title 5, United States Code. The marshal pays these expenses from funds the Attorney General has authorized.

Full Legal Text

Title 18, §4285

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Any judge or magistrate judge of the United States, when ordering a person released under chapter 207 on a condition of his subsequent appearance before that court, any division of that court, or any court of the United States in another judicial district in which criminal proceedings are pending, may, when the interests of justice would be served thereby and the United States judge or magistrate judge is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own, direct the United States marshal to arrange for that person’s means of noncustodial transportation or furnish the fare for such transportation to the place where his appearance is required, and in addition may direct the United States marshal to furnish that person with an amount of money for subsistence expenses to his destination, not to exceed the amount authorized as a per diem allowance for travel under section 5702(a) of title 5, United States Code. When so ordered, such expenses shall be paid by the marshal out of funds authorized by the Attorney General for such expenses.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–647 substituted “exceed” for “exced” after “not to”.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date

Pub. L. 95–503, § 3, Oct. 24, 1978, 92 Stat. 1704, provided that: “The

Amendments

made by this Act [enacting this section] shall take effect on October 1, 1978.”

Reference

Citations & Metadata

Citation

18 U.S.C. § 4285

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73