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.
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