18 U.S.C. § 3164 — Persons detained or designated as being of high risk
submitted 51 years ago by Pub. L. 93-619 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 250 words · no verdicts yet
This section concerns Persons detained or designated as being of high risk. It sets out the rules and requirements described in the section.
(a) The trial or other disposition of cases involving—
(1) a detained person who is being held in detention solely because he is awaiting trial, and
(2) a released person who is awaiting trial and has been designated by the attorney for the Government as being of high risk, must be accorded priority.
(b) The trial of any person described in subsection (a)(1) or (a)(2) of this section must start not later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitation specified in this section.
(c) Failure to start trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to start trial of a designated releasee as specified in subsection (b), through no fault of the attorney for the Government, must result in the automatic review by the court of the conditions of release. No detainee, as defined in subsection (a), must be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case must be subject to an order of the court modifying his nonfinancial conditions of release under this title to insure that he must appear at trial as required.
The trial or other disposition of cases involving—
a detained person who is being held in detention solely because he is awaiting trial, and
a released person who is awaiting trial and has been designated by the attorney for the Government as being of high risk,
shall be accorded priority.
The trial of any person described in subsection (a)(1) or (a)(2) of this section shall commence not later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitation specified in this section.
Failure to commence trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to commence trial of a designated releasee as specified in subsection (b), through no fault of the attorney for the Government, shall result in the automatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case shall be subject to an order of the court modifying his nonfinancial conditions of release under this title to insure that he shall appear at trial as required.
Source credit: (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2081; amended Pub. L. 96–43, § 7, Aug. 2, 1979, 93 Stat. 329.)
- 1975Enacted · Pub. L. 93-619 · 88 Stat. 2081
- 1979Amended · Pub. L. 96-43 · 93 Stat. 329
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-619 on 1975-01-03.
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