§ 3148. — Sanctions for violation of a release condition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3148]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3148. Sanctions for violation of a release condition
(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.
(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.
Section Referred to in Other Sections
This section is referred to in sections 3149, 3156 of this title;
title 8 section 1535.
