Comprehensive Crime Control Act (1984)

Comprehensive Crime Control Act (1984)

P.L. 98-473

Among the more controversial chapters of the Comprehensive Crime Control Act of 1984 was the Bail Reform Act of 1984, in which Congress, which had previously authorized preventive detention in the District of Columbia Court Reform and Criminal Procedures Act of 1970, increased its availability to the entire federal court system.

§ 3142. RELEASE OR DETENTION OF A DEFENDANT PENDING TRIAL

• IN GENERAL.—Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be—
• released on his personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of subsection (b); 
• released on a condition or combination of conditions pursuant to the provisions of subsection (c); 
• temporarily detained to permit revocation of conditional release, deportation, or exclusion pursuant to the provisions of subsection (d); or 
• detained pursuant to the provisions of subsection (e). 
• DETENTION.—If, after a hearing pursuant to the provisions of subsection (f), the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, he shall order the detention of the person prior to trial. In a case described in (f)(1), a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if the judge finds that— 
• the person has been convicted of a Federal offense that is described in subsection (f)(1), or of a State or local offense that would have been an offense described in subsection (f)(1) if a circumstance giving rise to Federal jurisdiction had existed;
• the offense described in paragraph (1) was committed while the person was on release pending trial for a Federal, State, or local offense; and 
• a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in paragraph (1), whichever is later. 
• DETENTION HEARING.—The judicial officer shall hold a hearing to determine whether any condition or combination of conditions set forth in subsection (c) will reasonably assure the appearance of the person as required and the safety of any other person and the community in a case—
• upon motion of the attorney for the Government, that involves—
• a crime of violence;
• an offense for which the maximum sentence is life imprisonment or death;
• an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act…, the Controlled Substances Import and Export Act…, or section 1 of the Act of September 15, 1980…; or
• any felony committed after the person had been convicted of two or more prior offenses described in sub-paragraphs (A) through (C), or two or more State or local offenses that would have been offenses described in sub-paragraphs (A) through (C) if a circumstance giving rise to Federal jurisdiction had existed; or 
• upon motion of the attorney for the Government or upon the judicial officer’s own motion, that involves— 
• a serious risk that the person will flee: 
• a serious risk that the person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.

The hearing shall be held immediately upon the person’s first appearance before the judicial officer unless that person, or the attorney for the Government, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed five days, and a continuance on motion of the attorney for the Government may not exceed three days. During a continuance, the person shall be detained, and the judicial officer, on motion of the attorney for the Government or on his own motion, may order that, while in custody, a person who appears to be a narcotics addict receive a medical examination to determine whether he is an addict. At the hearing, the person has the right to be represented by counsel, and, if he is financially unable to obtain adequate representation, to have counsel appointed for him. The person shall be afforded an opportunity to testify, to present witnesses on his own behalf, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding pursuant to subsection (e) that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be supported by clear and convincing evidence. The person may be detained pending completion of the hearing.

• FACTORS TO BE CONSIDERED.—The judicial officer shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning—

(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; 

(2) the weight of the evidence against the person; 

(3) the history and characteristics of the person, including— 

(A) his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and 

(B) whether, at the time of the current offense or arrest, he was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and 

(4) the nature and seriousness of the danger to any person or the community that would be posed by the person’s release. In considering the conditions of release…the judicial officer may upon his own motion, or shall upon the motion of the Government, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably assure the appearance of the person as required.

§ 3147. PENALTY FOR AN OFFENSE COMMITTED WHILE ON RELEASE

A person convicted of an offense committed while released pursuant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to— 

• a term of imprisonment of not less than two years and not more than ten years if the offense is a felony; or 
• a term of imprisonment of not less than ninety days and not more than one year if the offense is a misdemeanor.

A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment.