18-U.S.C.-3164

18-U.S.C.-3164

§3164 – Persons Detained Or Designated As Being of High Risk

Pathway

Title 18 > Part II > Chapter 208 > Section 3164

Details

  • Reference: Section 3164
  • Legend: §3164 – Persons Detained Or Designated As Being of High Risk
  • USCode Year: 2013

Provision Content

(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.

(Added Pub. L. 93–619, title I, §101, Jan. 3, 1975, 88 Stat. 2081; amended Pub. L. 96–43, §7, Aug. 2, 1979, 93 Stat. 329.)

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.

U.S. Encyclopedia of Law Coverage

18-U.S.C.-3150A in the Legal Encyclopedia: Criminal Procedure

In this entry about 18-U.S.C.-3150A, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.

Topic Map


Posted

in

,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *