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CITE

    18 USC Sec. 3148                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

HEAD

    Sec. 3148. Sanctions for violation of a release condition

STATUTE

      (a) Available Sanctions. - A person who has been released under
    section 3142 of this title, and who has violated a condition of his
    release, is subject to a revocation of release, an order of
    detention, and a prosecution for contempt of court.
      (b) Revocation of Release. - The attorney for the Government may
    initiate a proceeding for revocation of an order of release by
    filing a motion with the district court. A judicial officer may
    issue a warrant for the arrest of a person charged with violating a
    condition of release, and the person shall be brought before a
    judicial officer in the district in which such person's arrest was
    ordered for a proceeding in accordance with this section. To the
    extent practicable, a person charged with violating the condition
    of release that such person not commit a Federal, State, or local
    crime during the period of release, shall be brought before the
    judicial officer who ordered the release and whose order is alleged
    to have been violated. The judicial officer shall enter an order of
    revocation and detention if, after a hearing, the judicial officer -
        (1) finds that there is -
          (A) probable cause to believe that the person has committed a
        Federal, State, or local crime while on release; or
          (B) clear and convincing evidence that the person has
        violated any other condition of release; and
        (2) finds that -
          (A) based on the factors set forth in section 3142(g) of this
        title, there is no condition or combination of conditions of
        release that will assure that the person will not flee or pose
        a danger to the safety of any other person or the community; or
          (B) the person is unlikely to abide by any condition or
        combination of conditions of release.
    If there is probable cause to believe that, while on release, the
    person committed a Federal, State, or local felony, a rebuttable
    presumption arises that no condition or combination of conditions
    will assure that the person will not pose a danger to the safety of
    any other person or the community. If the judicial officer finds
    that there are conditions of release that will assure that the
    person will not flee or pose a danger to the safety of any other
    person or the community, and that the person will abide by such
    conditions, the judicial officer shall treat the person in
    accordance with the provisions of section 3142 of this title and
    may amend the conditions of release accordingly.
      (c) Prosecution for Contempt. - The judicial officer may commence
    a prosecution for contempt, under section 401 of this title, if the
    person has violated a condition of release.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
    Stat. 1983; amended Pub. L. 99-646, Sec. 55(a), (h), Nov. 10, 1986,
    100 Stat. 3607, 3610.)

PRIOR PROVISIONS

      A prior section 3148, added Pub. L. 89-465, Sec. 3(a), June 22,
    1966, 80 Stat. 215; amended Pub. L. 91-452, title X, Sec. 1002,
    Oct. 12, 1970, 84 Stat. 952, related to release in capital cases or
    after conviction, prior to repeal in the revision of this chapter
    by section 203(a) of Pub. L. 98-473.
                                AMENDMENTS
      1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(a), (h)(1),
    substituted "under section 3142 of this title" for "pursuant to the
    provisions of section 3142".
      Subsec. (b). Pub. L. 99-646, Sec. 55(h)(2), in introductory
    provision, substituted "such person's arrest" for "his arrest",
    "condition of release that such person not commit" for "condition
    of his release that he not commit", and "period of release," for
    "period of release", in par. (1)(B) substituted "condition of
    release" for "condition of his release", in par. (2)(A) inserted
    "of this title" after "section 3142(g)", and in concluding
    provision, substituted "the judicial officer shall" for "he shall"
    and inserted "of this title" after "section 3142".
      Subsec. (c). Pub. L. 99-646, Sec. 55(a), (h)(3), substituted
    "judicial officer" for "judge", "under section 401 of this title"
    for "pursuant to the provisions of section 401", and "condition of
    release" for "condition of his release".
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,
    1986, see section 55(j) of Pub. L. 99-646, set out as a note under
    section 3141 of this title.