§ 3145. — Review and appeal of a release or detention order.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3145]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3145. Review and appeal of a release or detention order
(a) Review of a Release Order.--If a person is ordered released by a
magistrate judge, or by a person other than a judge of a court having
original jurisdiction over the offense and other than a Federal
appellate court--
(1) the attorney for the Government may file, with the court
having original jurisdiction over the offense, a motion for
revocation of the order or amendment of the conditions of release;
and
(2) the person may file, with the court having original
jurisdiction over the offense, a motion for amendment of the
conditions of release.
The motion shall be determined promptly.
(b) Review of a Detention Order.--If a person is ordered detained by
a magistrate judge, or by a person other than a judge of a court having
original jurisdiction over the offense and other than a Federal
appellate court, the person may file, with the court having original
jurisdiction over the offense, a motion for revocation or amendment of
the order. The motion shall be determined promptly.
(c) Appeal From a Release or Detention Order.--An appeal from a
release or detention order, or from a decision denying revocation or
amendment of such an order, is governed by the provisions of section
1291 of title 28 and section 3731 of this title. The appeal shall be
determined promptly. A person subject to detention pursuant to section
3143(a)(2) or (b)(2), and who meets the conditions of release set forth
in section 3143(a)(1) or (b)(1), may be ordered released, under
appropriate conditions, by the judicial officer, if it is clearly shown
that there are exceptional reasons why such person's detention would not
be appropriate.
(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98 Stat.
1982; amended Pub. L. 101-647, title IX, Sec. 902(c), Nov. 29, 1990, 104
Stat. 4827; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
Stat. 5117.)
Prior Provisions
A prior section 3145, act June 25, 1948, ch. 645, 62 Stat. 821,
provided cross references to the Federal Rules of Criminal Procedure for
rules covering parties and witnesses, prior to repeal in the revision of
this chapter by section 203(a) of Pub. L. 98-473.
Amendments
1990--Subsec. (c). Pub. L. 101-647 inserted at end ``A person
subject to detention pursuant to section 3143(a)(2) or (b)(2), and who
meets the conditions of release set forth in section 3143(a)(1) or
(b)(1), may be ordered released, under appropriate conditions, by the
judicial officer, if it is clearly shown that there are exceptional
reasons why such person's detention would not be appropriate.''
Change of Name
Words ``magistrate judge'' substituted for ``magistrate'' in
subsecs. (a) and (b) pursuant to section 321 of Pub. L. 101-650, set out
as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in sections 3154, 3156 of this title;
title 8 section 1535.
