§3164 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Requires a trial to start within 90 days for two kinds of people: someone kept in jail only because they are waiting for trial, and someone released while waiting for trial who a government attorney calls “high risk.” When counting the 90 days, any delays listed in section 3161(h) do not count. If the trial does not start in 90 days and the delay is not the fault of the accused or their lawyer (or, for a released high‑risk person, not the fault of the government attorney), the court must automatically review the person’s release terms. A jailed person cannot be kept in custody after the 90 days in that situation. If a released high‑risk person intentionally delays the trial, the court can tighten nonmoney release conditions to make sure they appear.

Title 18, §3164

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The trial or other disposition of cases involving—

(1)a detained person who is being held in detention solely because he is awaiting trial, and

(2)a released person who is awaiting trial and has been designated by the attorney for the Government as being of high risk,

(b)The trial of any person described in subsection (a)(1) or (a)(2) of this section shall commence not later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitation specified in this section.

(c)Failure to commence trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to commence trial of a designated releasee as specified in subsection (b), through no fault of the attorney for the Government, shall result in the automatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case shall be subject to an order of the court modifying his nonfinancial conditions of release under this title to insure that he shall appear at trial as required.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1979—Pub. L. 96–43, § 7(1), substituted “Persons detained or designated as being of high risk” for “Interim limits” in section catchline. Subsec. (a). Pub. L. 96–43, § 7(2), struck out provisions limiting the trial priority to be accorded persons specified in cls. (1) and (2) of this subsection to the interim period commencing ninety days following July 1, 1975 and ending on the date immediately preceding the date on which the time limits provided for under section 3161(b) and (c) of this title become effective. Subsec. (b). Pub. L. 96–43, § 7(3), struck out provisions making trial priority provisions of this subsection applicable during an interim period only and requiring the trial of any person detained or designated by the government as being of high risk on or before the first day of such interim period to commence no later than ninety days following the first day of the period and inserted provision excluding the periods of delay specified in section 3161(h) of this title in computing the time limitation of this section.

§3164 Persons Detained or Designated as Being of High Risk

Summary

Title 18, §3164

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata