§3145 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A magistrate judge or another official who is not the trial court judge can have their release or detention orders reviewed by the trial court. If someone is ordered released, the government lawyer can ask the trial court to cancel the release or change its conditions. The person released can ask the trial court to change the conditions too. If someone is ordered detained, that person can ask the trial court to cancel or change the detention, and the court must decide quickly. Appeals of these release or detention decisions follow 28 U.S.C. §1291 and 18 U.S.C. §3731 and must be decided promptly. A person held under 3143(a)(2) or (b)(2) who meets the release conditions in 3143(a)(1) or (b)(1) may be released under appropriate conditions by a judicial officer if it is clearly shown there are exceptional reasons why detention would not be appropriate.

Title 18, §3145

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)If a person is ordered released by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court—

(1)the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release; and

(2)the person may file, with the court having original jurisdiction over the offense, a motion for amendment of the conditions of release.

(b)If a person is ordered detained by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly.

(c)An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of section 1291 of title 28 and section 3731 of this title. The appeal shall be determined promptly. A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3145, act June 25, 1948, ch. 645, 62 Stat. 821, provided cross references to the Federal Rules of Criminal Procedure for rules covering parties and witnesses, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473.

Amendments

1990—Subsec. (c). Pub. L. 101–647 inserted at end “A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate.”

Statutory Notes and Related Subsidiaries

Change of Name

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

§3145 Review and Appeal of a Release or Detention Order