18 U.S.C. § 3145 — Review and appeal of a release or detention order

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 278 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Government or the defendant may promptly ask the trial court to change a release order, and a detained person may seek to change detention. Appeals are governed by specified federal statutes and must be decided promptly.

(a) Release-order review. If a magistrate judge or another non-trial, non-appellate judge orders release, (1) the Government attorney may ask the court with original jurisdiction to revoke or change the order, and (2) the person may ask that court to change release conditions. The motion must be decided promptly. (b) Detention-order review. If such an officer orders detention, the person may promptly ask the original-jurisdiction court to revoke or change the order. (c) Appeal. Appeals from release or detention orders, or from denials of revocation or amendment, follow 28 U.S.C. § 1291 and § 3731 and must be decided promptly. A person detained under § 3143(a)(2) or (b)(2) who meets § 3143(a)(1) or (b)(1) release conditions may be released under appropriate conditions if clearly shown that exceptional reasons make detention inappropriate.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 101–647, title IX, § 902(c), Nov. 29, 1990, 104 Stat. 4827; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit

1984Enacted · Pub. L. 98-473 · 98 Stat. 1982
1990Amended · Pub. L. 101-647 · 104 Stat. 4827
1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.

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