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 authorize a judicial officer, in making a determination of whether a person charged with a noncapital offense should be released on bail, to consider the safety of any person or the community (in addition to assurance of appearance as currently provided). Authorizes a U.S. attorney to appeal a release order with or without terms or conditions of release to either the court having original jurisdiction over the offense (in any case in which another judicial officer orders release) or to the appellate court (in any case in which the court of original jurisdiction orders release). Requires a person who has appealed his conviction in a capital case to be detained unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or to property; and (2) the appeal raises a substantial question of law or fact. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Subjects a person who has been conditionally released and either threatens a prospective witness or juror or commits a felony to revocation of release.

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Documents

1 official file

• Introduced in House

  summary · EN · 2 April 1981

  Open at official source

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