PRIA, Government Policy, Made Personal

Summary

If a magistrate or certain non-judge official orders someone released, the U.S. attorney can ask the trial court to cancel that release or change the release conditions. The person can also ask the trial court to change the release conditions. The trial court must decide these requests quickly. If a magistrate or certain non-judge official orders someone detained, that person can ask the trial court to cancel or change the detention. Appeals of release or detention orders, or appeals of denials of those requests, follow section 1291 of title 28 and section 3731 of this title and must be decided quickly. A person detained under section 3143(a)(2) or (b)(2), who meets the release conditions in section 3143(a)(1) or (b)(1), may be released by the judge under suitable conditions if it is clearly shown that there are exceptional reasons why detention would not be appropriate.

Title 18, §3145

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Review of a Release Order.—

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.

The motion shall be determined promptly.

(b)Review of a Detention Order.—

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)Appeal From a Release or Detention Order.—

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