18 U.S.C. § 3167: Reports to Congress

Summary

The Administrative Office of the U.S. Courts, after getting approval from the Judicial Conference, must send regular reports to Congress about the plans filed under section 3165. These reports must be sent within three months after the final deadline for those plans under section 3165(e). They must recommend any new laws or extra money needed to meet the time limits and goals of this chapter. They must also describe the criminal docket when the plan started, how much pretrial detention and release there is, and the time limits, methods, and tools being used or that could be used to speed up trials. The reports must explain why the delays allowed by section 3161(h) were not enough in non‑compliant cases; list the types of offenses plus how many defendants and counts are involved in late cases; say what extra judges or court resources are needed; describe remedies used in low‑compliance districts or ways to spread successful practices; say why a district that had trouble did not apply for relief under section 3174; and show how meeting the time limits affected the civil case calendar using the data under sections 3166 and 3170. By December 31, 1979, the Department of Justice must send Congress a report on how putting this chapter into effect affected each U.S. Attorney’s office. That report must cover why section 3161(h) was not enough for delays in non‑compliant cases; what fixes those offices tried; what extra resources they would need to meet the time limits in subsections (b) and (c) of section 3161; any suggested changes to guidelines or laws the Department thinks are needed; and how meeting the time limits affected the U.S. Attorneys’ civil case work and what rules, laws, or resources would be needed so civil litigation is not harmed.

Title 18, §3167

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)The Administrative Office of the United States Courts, with the approval of the Judicial Conference, shall submit periodic reports to Congress detailing the plans submitted pursuant to section 3165. The reports shall be submitted within three months following the final dates for the submission of plans under section 3165(e) of this title.

(b)Such reports shall include recommendations for legislative changes or additional appropriations to achieve the time limits and objectives of this chapter. The report shall also contain pertinent information such as the state of the criminal docket at the time of the adoption of the plan; the extent of pretrial detention and release; and a description of the time limits, procedural techniques, innovations, systems, and other methods by which the trial or other disposition of criminal cases have been expedited or may be expedited in the districts. Such reports shall also include the following:

(1)The reasons why, in those cases not in compliance with the time limits of subsections (b) and (c) of section 3161, the provisions of section 3161(h) have not been adequate to accommodate reasonable periods of delay.

(2)The category of offenses, the number of defendants, and the number of counts involved in those cases which are not meeting the time limits specified in subsections (b) and (c) of section 3161.

(3)The additional judicial resources which would be necessary in order to achieve compliance with the time limits specified in subsections (b) and (c) of section 3161.

(4)The nature of the remedial measures which have been employed to improve conditions and practices in those districts with low compliance experience under this chapter or to promote the adoption of practices and procedures which have been successful in those districts with high compliance experience under this chapter.

(5)If a district has experienced difficulty in complying with this chapter, but an application for relief under section 3174 has not been made, the reason why such application has not been made.

(6)The impact of compliance with the time limits of subsections (b) and (c) of section 3161 upon the civil case calendar in each district as demonstrated by the information assembled and statistics compiled and submitted under section 3166 and 3170.

(c)Not later than December 31, 1979, the Department of Justice shall prepare and submit to the Congress a report which sets forth the impact of the implementation of this chapter upon the office of the United States Attorney in each district and which shall also include—

(1)the reasons why, in those cases not in compliance, the provisions of section 3161(h) have not been adequate to accommodate reasonable periods of delay;

(2)the nature of the remedial measures which have been employed to improve conditions and practices in the offices of the United States Attorneys in those districts with low compliance experience under this chapter or to promote the adoption of practices and procedures which have been successful in those districts with high compliance experience under this chapter;

(3)the additional resources for the offices of the United States Attorneys which would be necessary to achieve compliance with the time limits of subsections (b) and (c) of section 3161;

(4)suggested changes in the guidelines or other rules implementing this chapter or statutory amendments which the Department of Justice deems necessary to further improve the administration of justice and meet the objectives of this chapter; and

(5)the impact of compliance with the time limits of subsections (b) and (c) of section 3161 upon the litigation of civil cases by the offices of the United States Attorneys and the rule changes, statutory amendments, and resources necessary to assure that such litigation is not prejudiced by full compliance with this chapter.

Editorial Notes

Amendments

1979—Subsec. (b). Pub. L. 96–43, § 9(e)(1), inserted last sentence containing pars. (1) to (6). Subsec. (c). Pub. L. 96–43, § 9(e)(2), added subsec. (c).

§3167 Reports to Congress

Summary

Title 18, §3167

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata