18 U.S.C. § 3164: Persons detained or…

Summary

Give priority to the trials of two groups: someone held in jail only because they are waiting for trial, and someone released but officially called "high risk" by the government’s lawyer. Their trial must start no later than 90 days after the person’s continuous detention begins or after the government lawyer labels the released person high risk. The delays listed in section 3161(h) do not count toward the 90 days. If the trial does not start within 90 days and the delay was not the fault of the accused or their lawyer (for detainees) or not the fault of the government lawyer (for designated releasees), the court must automatically review the person’s release terms. A detainee may not be kept in custody waiting for trial after the 90 days. If a released person is found to have purposely delayed the trial, the court can tighten their release conditions (other than money).

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,

shall be accorded priority.

(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