§ 3152. — Establishment of pretrial services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3152]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3152. Establishment of pretrial services
(a) On and after the date of the enactment of the Pretrial Services
Act of 1982, the Director of the Administrative Office of the United
States Courts (hereinafter in this chapter referred to as the
``Director'') shall, under the supervision and direction of the Judicial
Conference of the United States, provide directly, or by contract or
otherwise (to such extent and in such amounts as are provided in
appropriation Acts), for the establishment of pretrial services in each
judicial district (other than the District of Columbia). Pretrial
services established under this section shall be supervised by a chief
probation officer appointed under section 3654 of this title or by a
chief pretrial services officer selected under subsection (c) of this
section.
(b) Beginning eighteen months after the date of the enactment of the
Pretrial Services Act of 1982, if an appropriate United States district
court and the circuit judicial council jointly recommend the
establishment under this subsection of pretrial services in a particular
district, pretrial services shall be established under the general
authority of the Administrative Office of the United States Courts.
(c) The pretrial services established under subsection (b) of this
section shall be supervised by a chief pretrial services officer
selected by a panel consisting of the chief judge of the circuit, the
chief judge of the district, and a magistrate judge of the district or
their designees. The chief pretrial services officer appointed under
this subsection shall be an individual other than one serving under
authority of section 3654 of this title.
(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat. 2086;
amended Pub. L. 97-267, Sec. 2, Sept. 27, 1982, 96 Stat. 1136; Pub. L.
101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
References in Text
The date of enactment of the Pretrial Services Act of 1982, referred
to in subsecs. (a) and (b), is the date of enactment of Pub. L. 97-267,
which was approved Sept. 27, 1982.
Prior Provisions
A prior section 3152, as added by Pub. L. 89-465, Sec. 3(a), June
22, 1966, 80 Stat. 216, defined the terms ``judicial officer'' and
``offense'', prior to repeal by Pub. L. 93-619, Sec. 201. See section
3156 of this title.
Amendments
1982--Pub. L. 97-267 struck out ``agencies'' after ``services'' in
section catchline, divided previously unlettered text provisions into
subsecs. (a), (b), and (c), and substituted revised provisions as so
redesignated for provisions which required the Director of the
Administrative Office of the United States Courts to establish, on a
demonstration basis, in each of ten representative judicial districts
(other than the District of Columbia), a pretrial services agency
authorized to maintain effective supervision and control over, and to
provide supportive services to, defendants released under this chapter
such districts to be designated by the Chief Justice of the United
States after consultation with the Attorney General, on the basis of
such considerations as the number of criminal cases prosecuted annually
in the district, the percentage of defendants in the district presently
detained prior to trial, the incidence of crime charged against persons
released pending trial under this chapter, and the availability of
community resources to implement the conditions of release which may be
imposed under this chapter.
Change of Name
Words ``magistrate judge'' substituted for ``magistrate'' in subsec.
(c) pursuant to section 321 of Pub. L. 101-650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure.
Authorization of Appropriations
Section 9 of Pub. L. 97-267 provided that:
``(a) There are authorized to be appropriated, for the fiscal year
ending September 30, 1984, and each succeeding fiscal year thereafter,
such sums as may be necessary to carry out the functions and powers of
pretrial services established under section 3152(b) of title 18, United
States Code.
``(b) There are authorized to be appropriated for the fiscal year
ending September 30, 1983, and the fiscal year ending September 30,
1984, such sums as may be necessary to carry out the functions and
powers of the pretrial services agencies established under section 3152
of title 18 of the United States Code in effect before the date of
enactment of this Act [Sept. 27, 1982].''
Status of Pretrial Services Agencies in Effect Prior to September 27,
1982
Section 8 of Pub. L. 97-267 provided that: ``During the period
beginning on the date of enactment of this Act [Sept. 27, 1982] and
ending eighteen months after the date of the enactment of this Act, the
pretrial services agencies established under section 3152 of title 18 of
the United States Code in effect before the date of enactment of this
Act may continue to operate, employ staff, provide pretrial services,
and perform such functions and powers as are authorized under chapter
207 of title 18 of the United States Code [this chapter].''
Section Referred to in Other Sections
This section is referred to in sections 3153, 3154, 3155, 3156 of
this title; title 28 section 604.
