Pretrial Detention Act of 1981

Summary

Pretrial Detention Act of 1981 - 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). Permits consideration of a defendant's past conduct in making any such determination. Authorizes a judicial officer to order the detention for up to five days of any person who: (1) is presently on probation, parole, or mandatory release for an offense punishable under State or Federal law; and (2) poses a risk of flight or danger to the safety of any person or the community. Authorizes a U.S. attorney to move for a pretrial order after a determination that a defendant is eligible for release. Requires that such motion be heard as soon as practicable. Entitles a defendant to be represented by counsel, to present witnesses and evidence, and to cross-examination. Makes a defendant's testimony inadmissible in any other proceeding, except for purposes of impeachment. Permits a judicial officer to make such an order upon finding that: (1) there is a substantial probability that the defendant committed the offense; and (2) the defendant poses a danger to the safety of any other person or the community, based on specified findings by clear and convincing evidence, including that the offense is a violent or serious drug crime. Authorizes such officer to order the defendant detained at all or specified hours before trial upon a determination by clear and convincing evidence that the danger cannot be reasonably minimized by advancement of trial or other conditions of release. Requires that any defendant detained be confined to a place other than one designated for convicted persons to the extent practicable. Entitles a defendant who is convicted to credit for time spent in pretial custody.

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1 official file

• Introduced in House

  summary · EN · 24 July 1981

  Open at official source

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