§ 3141. — Release and detention authority generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3141]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3141. Release and detention authority generally
(a) Pending Trial.--A judicial officer authorized to order the
arrest of a person under section 3041 of this title before whom an
arrested person is brought shall order that such person be released or
detained, pending judicial proceedings, under this chapter.
(b) Pending Sentence or Appeal.--A judicial officer of a court of
original jurisdiction over an offense, or a judicial officer of a
Federal appellate court, shall order that, pending imposition or
execution of sentence, or pending appeal of conviction or sentence, a
person be released or detained under this chapter.
(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98 Stat.
1976; amended Pub. L. 99-646, Sec. 55(a), (b), Nov. 10, 1986, 100 Stat.
3607.)
Prior Provisions
A prior section 3141, acts June 25, 1948, ch. 645, 62 Stat. 821;
June 22, 1966, Pub. L. 89-465, Sec. 5(b), 80 Stat. 217, related to
powers of courts and magistrates with respect to release on bail or
otherwise, 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), (b), substituted
``authorized to order the arrest of a person under section 3041 of this
title before whom an arrested person is brought shall order that such
person be released'' for ``who is authorized to order the arrest of a
person pursuant to section 3041 of this title shall order that an
arrested person who is brought before him be released'' and ``under this
chapter'' for ``pursuant to the provisions of this chapter''.
Subsec. (b). Pub. L. 99-646, Sec. 55(a), substituted ``under this
chapter'' for ``pursuant to the provisions of this chapter''.
Effective Date of 1986 Amendment
Section 55(j) of Pub. L. 99-646 provided that: ``The amendments made
by this section [amending this section and sections 3142 to 3144, 3146
to 3148, and 3156 of this title] shall take effect 30 days after the
date of enactment of this Act [Nov. 10, 1986].''
Short Title of 1990 Amendment
Pub. L. 101-647, title IX, Sec. 901, Nov. 29, 1990, 104 Stat. 4826,
provided that: ``This title [amending sections 3143 and 3145 of this
title] may be cited as the `Mandatory Detention for Offenders Convicted
of Serious Crimes Act'.''
Short Title of 1984 Amendment
Section 202 of chapter I (Secs. 202-210) of title II of Pub. L. 98-
473 provided that: ``This chapter [enacting sections 3062 and 3141 to
3150 of this title, amending sections 3041, 3042, 3154, 3156, 3731,
3772, and 4282 of this title and section 636 of Title 28, Judiciary and
Judicial Procedure, repealing sections 3043 and 3141 to 3151 of this
title, and amending rules 5, 15, 40, 46, and 54 of the Federal Rules of
Criminal Procedure, set out in the Appendix to this title, and rule 9 of
the Federal Rules of Appellate Procedure, set out in the Appendix to
Title 28] may be cited as the `Bail Reform Act of 1984'.''
Short Title of 1982 Amendment
Pub. L. 97-267, Sec. 1, Sept. 27, 1982, 96 Stat. 1136, provided:
``That this Act [amending sections 3152 to 3155 of this title and
section 604 of Title 28, Judiciary and Judicial Procedure, and enacting
provisions set out as notes under sections 3141 and 3152 of this title]
may be cited as the `Pretrial Services Act of 1982'.''
Short Title
Section 1 of Pub. L. 89-465 provided: ``That this Act [enacting
sections 3146 to 3152 of this title, amending sections 3041, 3141 to
3143, and 3568 of this title, and enacting provisions set out as a note
below] may be cited as the `Bail Reform Act of 1966'.''
Purpose of Bail Reform Act of 1966
Section 2 of Pub. L. 89-465 provided that: ``The purpose of this Act
[enacting sections 3146 to 3152 of this title, amending sections 3041,
3141 to 3143, and 3568 of this title and enacting provisions set out as
a note above] is to revise the practices relating to bail to assure that
all persons, regardless of their financial status, shall not needlessly
be detained pending their appearance to answer charges, to testify, or
pending appeal, when detention serves neither the ends of justice nor
the public interest.''
Section Referred to in Other Sections
This section is referred to in section 3156 of this title.