§ 3154. — Functions and powers relating to 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: 18USC3154]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3154. Functions and powers relating to pretrial services
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial officer, prior
to the pretrial release hearing, information pertaining to the
pretrial release of each individual charged with an offense,
including information relating to any danger that the release of
such person may pose to any other person or the community, and,
where appropriate, include a recommendation as to whether such
individual should be released or detained and, if release is
recommended, recommend appropriate conditions of release; except
that a district court may direct that information not be collected,
verified, or reported under this paragraph on individuals charged
with Class A misdemeanors as defined in section 3559(a)(6) of this
title.
(2) Review and modify the reports and recommendations specified
in paragraph (1) of this section for persons seeking release
pursuant to section 3145 of this chapter.
(3) Supervise persons released into its custody under this
chapter.
(4) Operate or contract for the operation of appropriate
facilities for the custody or care of persons released under this
chapter including residential halfway houses, addict and alcoholic
treatment centers, and counseling services.
(5) Inform the court and the United States attorney of all
apparent violations of pretrial release conditions, arrests of
persons released to the custody of providers of pretrial services or
under the supervision of providers of pretrial services, and any
danger that any such person may come to pose to any other person or
the community, and recommend appropriate modifications of release
conditions.
(6) Serve as coordinator for other local agencies which serve or
are eligible to serve as custodians under this chapter and advise
the court as to the eligibility, availability, and capacity of such
agencies.
(7) Assist persons released under this chapter in securing any
necessary employment, medical, legal, or social services.
(8) Prepare, in cooperation with the United States marshal and
the United States attorney such pretrial detention reports as are
required by the provisions of the Federal Rules of Criminal
Procedure relating to the supervision of detention pending trial.
(9) Develop and implement a system to monitor and evaluate bail
activities, provide information to judicial officers on the results
of bail decisions, and prepare periodic reports to assist in the
improvement of the bail process.
(10) To the extent provided for in an agreement between a chief
pretrial services officer in districts in which pretrial services
are established under section 3152(b) of this title, or the chief
probation officer in all other districts, and the United States
attorney, collect, verify, and prepare reports for the United States
attorney's office of information pertaining to the pretrial
diversion of any individual who is or may be charged with an
offense, and perform such other duties as may be required under any
such agreement.
(11) Make contracts, to such extent and in such amounts as are
provided in appropriation Acts, for the carrying out of any pretrial
services functions.
(12)(A) As directed by the court and to the degree required by
the regimen of care or treatment ordered by the court as a condition
of release, keep informed as to the conduct and provide supervision
of a person conditionally released under the provisions of section
4243 or 4246 of this title, and report such person's conduct and
condition to the court ordering release and the Attorney General or
his designee.
(B) Any violation of the conditions of release shall immediately
be reported to the court and the Attorney General or his designee.
(13) If approved by the district court, be authorized to carry
firearms under such rules and regulations as the Director of the
Administrative Office of the United States Courts may prescribe.
(14) Perform such other functions as specified under this
chapter.
(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat. 2087;
amended Pub. L. 97-267, Sec. 4, Sept. 27, 1982, 96 Stat. 1137; Pub. L.
98-473, title II, Sec. 203(b), Oct. 12, 1984, 98 Stat. 1984; Pub. L.
101-647, title XXXV, Sec. 3576, Nov. 29, 1990, 104 Stat. 4929; Pub. L.
102-572, title VII, Sec. 701(b), title X, Sec. 1002, Oct. 29, 1992, 106
Stat. 4515, 4521; Pub. L. 104-317, title I, Sec. 101(b), Oct. 19, 1996,
110 Stat. 3848.)
Amendments
1996--Pars. (13), (14). Pub. L. 104-317 added par. (13) and
redesignated former par. (13) as (14).
1992--Par. (1). Pub. L. 102-572, Sec. 1002, inserted before period
at end ``; except that a district court may direct that information not
be collected, verified, or reported under this paragraph on individuals
charged with Class A misdemeanors as defined in section 3559(a)(6) of
this title''.
Pars. (12), (13). Pub. L. 102-572, Sec. 701(b), added par. (12) and
redesignated former par. (12) as (13).
1990--Par. (1). Pub. L. 101-647 substituted ``community, and, where
appropriate, include a recommendation as to whether such individual
should be released or detained and, if release is recommended, recommend
appropriate conditions of release.'' for ``community'' and all that
followed through end of par. (1).
1984--Par. (1). Pub. L. 98-473, Sec. 203(b)(1), which directed the
amendment of par. (1), by striking out ``and recommend appropriate
release conditions for each such person'' and inserting in lieu thereof
``and, where appropriate, include a recommendation as to whether such
individual should be released or detained and, if release is
recommended, recommend appropriate conditions of release'' could not be
executed because such language did not appear. See 1990 Amendment note
above.
Par. (2). Pub. L. 98-473, Sec. 203(b)(2), substituted ``section
3145'' for ``section 3146(e) or section 3147''.
1982--Pub. L. 97-267 substituted ``relating to pretrial services''
for ``of pretrial services agencies'' in section catchline, in par. (1)
struck out provisions relating to agency files concerning the pretrial
release of persons charged with an offense, the establishment of
regulations concerning the release of such files, and the access to and
admissibility of these files, in par. (4) struck out provision relating
to the cooperation of the Administrative Office of the United States
Courts and the approval of the Attorney General and provision not
limiting this paragraph to those facilities listed thereunder, in par.
(5) inserted provisions that pretrial services may provide the United
States Attorney as well as the court with information described under
this paragraph and that such information also includes any danger that a
person released to the custody of pretrial services may come to pose to
any other person or the community, in par. (9) substituted provisions
that pretrial services shall develop and implement a system to monitor
and evaluate bail activities, provide information on the result of bail
decisions, and prepare periodic reports to assist the improvement of the
bail process for provisions that pretrial services agencies would
perform such other functions as the court might assign, and added pars.
(10)-(12).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101 of Pub. L. 102-572, set out as a note under section 905 of Title 2,
The Congress.
Demonstration Program for Drug Testing of Arrested Persons and
Defendants on Probation or Supervised Release
Pub. L. 100-690, title VII, Sec. 7304, Nov. 18, 1988, 102 Stat.
4464, provided that:
``(a) Establishment.--The Director of the Administrative Office of
the United States Courts shall establish a demonstration program of
mandatory testing of criminal defendants.
``(b) Length of Program.--The demonstration program shall begin not
later than January 1, 1989, and shall last two years.
``(c) Selection of Districts.--The Judicial Conference of the United
States shall select 8 Federal judicial districts in which to carry out
the demonstration program, so that the group selected represents a mix
of districts on the basis of criminal caseload and the types of cases in
that caseload.
``(d) Inclusion in Pretrial Services.--In each of the districts in
which the demonstration program takes place, pretrial services under
chapter 207 of title 18, United States Code, shall arrange for the drug
testing of defendants in criminal cases. To the extent feasible, such
testing shall be completed before the defendant makes the defendant's
initial appearance in the case before a judicial officer. The results of
such testing shall be included in the report to the judicial officer
under section 3154 of title 18, United States Code.
``(e) Mandatory Condition of Probation and Supervised Release.--In
each of the judicial districts in which the demonstration program is in
effect, it shall be an additional, mandatory condition of probation, and
an additional mandatory condition of supervised release for offenses
occurring or completed on or after January 1, 1989, for any defendant
convicted of a felony, that such defendant refrain from any illegal use
of any controlled substance (as defined in section 102 of the Controlled
Substances Act [21 U.S.C. 802]) and submit to periodic drug tests for
use of controlled substances at least once every 60 days. The
requirement that drug tests be administered at least once every 60 days
may be suspended upon motion of the Director of the Administrative
Office, or the Director's designee, if, after at least one year of
probation or supervised release, the defendant has passed all drug tests
administered pursuant to this section. No action may be taken against a
defendant pursuant to a drug test administered in accordance with this
subsection unless the drug test confirmation is a urine drug test
confirmed using gas chromatography techniques or such test as the
Secretary of Health and Human Services may determine to be of equivalent
accuracy.
``(f) Report to Congress.--Not later than 90 days after the first
year of the demonstration program and not later than 90 days after the
end of the demonstration program, the Director of the Administrative
Office of the United States Courts shall report to Congress on the
effectiveness of the demonstration program and include in such report
recommendations as to whether mandatory drug testing of defendants
should be made more general and permanent.''
Section Referred to in Other Sections
This section is referred to in sections 3153, 3156 of this title.
