A bill to amend the Bail Reform Act of 1966 to authorize consideration of danger to the community in setting conditions of release, to authorize revocation of pretrial release for persons who violate their release conditions, intimidate witnesses or jurors, or commit new offenses and for other purposes.

Summary

Amends the Bail Reform Act of 1966 to require consideration of the safety of other persons and the community in setting conditions for pretrial release, but provides that conditions imposed to such end may not be financial. Permits the Government to appeal orders of release in specified circumstances. Modifies the current requirement that a person, who has been convicted of an offense and sentenced to imprisonment or death and has filed an appeal or petition for a writ of certiorari, be treated for release purposes as a person charged with a noncapital offense prior to trial, to require that such person be detained unless the judicial officer finds by clear and convincing evidence that: (1) the person is not likely to flee or pose a danger to others; and (2) the appeal or writ raises a substantial question of law or fact. Applies the procedures for appealing conditions of release to appeals of such detention orders, with a specified exception. Sets forth sanctions for violating release conditions, threatening witnesses or jurors while on release, and committing serious offenses while on release.

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Documents

1 official file

• Introduced in House

  summary · EN · 25 January 1979

  Open at official source

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