,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijfe ,,in ,,the ,,house ,,of ,,representatives ,december #ca1 #bjbj,mr4 ,nadler introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to amend provisions relating to the release or detention of a defendant pending trial1 sentence1 or appeal1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,bail ,reform ,act of #bjbj4 #b4 ,release or detention of a defendant pending sentence or appeal ,section #cadc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 ,a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence is entitled to a presumption of release if1 at the time of the guilt determination1 the person is on release and performing satisfactorily4 ,the person is also entitled to a presumption that all conditions of release continue unchanged4 ,if the attorney for the ,government moves to detain the person1 the person may only be detained after consideration of the factors listed in section #cadb7;f77#e742 and 7,b7 by striking paragraph 7#b72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking ,except as provided in paragraph 7#b71 the and inserting ,the2 7,b7 in paragraph 7#a71 by striking subparagraph 7,a71 and inserting the following3 7,a7 by a preponderance of the evidence that release does not pose a high risk of intentional non-appearance in court or a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another if released under section #cadb7;b7 or 7c72 and 2 7,c7 in paragraph 7#a77;,b77i71 by striking reversal1 and inserting reversal of the conviction12 7,d7 by striking paragraph 7#b71 and inserting the following3 7#c7 ,the person may file a motion requesting that a judge other than the trial judge hear the motion for release if they are moving under paragraph 7#a77;,b77i7 or 7#a77;,b77ii74 2 and 7,e7 in the matter preceding paragraph 7#b7-- 7i7 by striking ,if the judicial officer makes such findings and inserting the following3 7#b7 ,if the judicial officer makes such findings 2 and 7ii7 by striking subparagraph 7,b77iv7 and inserting paragraph 7#a77;,b77iv72 and 7#c7 by striking subsection 7c71 and inserting the following3 7c7 ,release or detention pending appeal by the government ,in a case in which an appeal of a dispositive motion has been taken by the ,united ,states under section #cgca1 the person is entitled to a presumption of release under section #cadb7;b7 or 7c71 unless it is clearly shown that there are exceptional reasons why such person's detention would be appropriate4 ,for cases in which an appeal of a person's sentence has been taken by the ,united ,states under section #cgdb1 if the person is already on release and performing satisfactorily1 the person is entitled to a presumption that all conditions of release continue unchanged2 if the person is already detained1 the judicial officer shall-- 7#a7 if the person has been sentenced to a term of imprisonment of #abj months or more1 continue the order of detention2 or 7#b7 if the person has been sentenced to a term of imprisonment of less than #abj months1 release or detain the person under section #cadb4 4 #c4 ,release or detention of a defendant pending trial ,section #cadb of title #ah1 ,united ,states ,code1 is amended as follows3 7#a7 ,by striking subsection 7a7 and inserting the following3 7a7 ,presumption of innocence ,nothing in this section shall be construed as modifying or limiting the presumption of innocence4 4 7#b7 ,by striking subsection 7b7 and inserting the following3 7b7 ,presumption of ,release without ,conditions ,in all cases1 the judicial officer shall apply a presumption of release on personal recognizance subject to subsections 7c71 7e71 and 7f74 4 7#c7 ,by striking subsection 7c7 and inserting the following3 7c7 ,imposing conditions of release 7#a7 ,if at the initial appearance hearing or the pretrial release hearing the judicial officer determines by a preponderance of the evidence1 based on individualized facts1 that the person's release on personal recognizance under subsection 7b7 creates a high risk of intentional non-appearance in court1 or a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 and the judicial officer determines that a combination of conditions under this subsection would reasonably mitigate any risk posed by the person1 such judicial officer shall nevertheless order the pretrial release of the person-- 7,a7 subject to the condition that the person not commit a ,federal1 ,state1 or local crime during the period of release2 and 7,b7 subject to the least restrictive further condition or combination of conditions that could reasonably mitigate the risk identified1 which may include the condition that the person-- 7i7 remain in the custody of a designated person1 who agrees to assume supervision and to report any violation of a release condition to the court2 7ii7 maintain employment1 or1 if unemployed1 actively seek employment2 7iii7 maintain or commence an educational program2 7iv7 abide by specified restrictions on personal associations1 place of abode1 or travel2 7v7 avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense2 7vi7 report on a regular basis to a designated law enforcement agency1 pretrial services agency1 or other agency2 7vii7 comply with a specified curfew2 7viii7 refrain from possessing a firearm1 destructive device1 or other dangerous weapon2 7ix7 refrain from excessive use of alcohol1 or any use of a narcotic drug or other controlled substance1 as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb71 without a prescription by a licensed medical practitioner2 7x7 undergo available medical1 psychological1 or psychiatric treatment1 including treatment for drug or alcohol dependency1 and remain in a specified institution if required for that purpose2 7xi7 return to custody for specified hours following release for employment1 schooling1 or other limited purposes2 and 7xii7 satisfy any other condition that is necessary to avoid a high risk of intentional nonappearance in court1 or a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another4 7#b7 ,in any case where the person is charged with an offense that involves a minor victim under section #abja1 #aeia1 #bbda1 #bbdb1 #bbdd7;a77#a71 #bbde1 #bbea1 #bbea;,a1 #bbeb7;a77#a71 #bbeb7;a77#b71 #bbeb7;a77#c71 #bbeb;,a7a77#a71 #bbeb;,a7a77#b71 #bbeb;,a7a77#c71 #bbeb;,a7a77#d71 #bbfj1 #bdba1 #bdbb1 #bdbc1 or #bdbe1 or a failure to register offense under section #bbej1 excluding receipt of child pornography1 any release order shall contain a condition of electronic monitoring and each of the conditions specified at clauses 7iv7 through 7viii7 of paragraph 7#a77;,b74 7#c7 ,the judicial officer may not impose any condition of release that imposes a financial burden on the person released4 ,prohibited financial conditions include requiring payment of cash bail1 requiring a secured bond1 requiring proof of ability to pay an unsecured bond1 requiring execution of a bail bond or corporate surety bond1 requiring a solvent surety to co-sign a secured or unsecured bond1 and requiring posting of real property4 7#d7 ,any person who is deemed financially unable to obtain adequate representation and qualifies for appointed counsel pursuant to other provisions of this section or section #cjjf;,a is not required to pay any costs associated with pretrial release or pretrial supervision including costs of pretrial supervision1 electronic monitoring1 global positioning systems monitoring1 medical1 psychological1 or psychiatric treatment1 and costs associated with any of the other conditions of release in this subsection4 7#e7 ,to facilitate appearance in court and adherence to these conditions of release1 the judicial officer shall instruct ,united ,states ,pretrial ,services to provide individual court reminders1 such as reminders via phone call or two-way text message4 7#f7 ,the judicial officer may at any time amend the release order to impose additional or different conditions of release4 ,before the conditions are modified1 the person is entitled to notice of the proposed modification and an opportunity to be heard4 4 7#d7 ,by striking subsection 7d7 and inserting the following3 7d7 ,no shackling ,no person shall be shackled or otherwise physically restrained when appearing in court for any hearing relating to pretrial release or detention1 unless the judicial officer makes a finding by clear and convincing evidence1 in writing or on the record1 based on individualized1 case-specific reasons1 that the person poses an imminent danger to any person in the courtroom4 4 7#e7 ,by striking subsection 7e7 and inserting the following3 7e7 ,initial appearance hearing 7#a7 ,in general and timing ,in any initial appearance before a judicial officer 7but in no event later than #dh hours after entering into custody71 the judicial officer shall conduct an initial appearance hearing for purposes of advising the person of the criminal complaint or information1 conducting arraignment 7as appropriate71 allowing consultation with and appointment of counsel1 and determining whether the judicial officer should release or detain the person4 ,the judicial officer shall provisionally appoint counsel to represent any person eligible for representation under section #cjjf;,a 7without regard to any financial ability to secure representation7 by not later than the beginning of the initial appearance hearing if that person is not otherwise represented by counsel4 ,if at the initial appearance hearing the person is temporarily detained under paragraph 7#c71 the judicial officer shall immediately thereafter1 at the same initial appearance1 conduct a pretrial release hearing under subsection 7f71 unless the judicial officer grants a continuance sought by the person or the attorney for the ,government under paragraph 7#a7 of such subsection4 7#b7 ,presumption of release without conditions ,at the initial appearance hearing1 the judicial officer shall order the pretrial release of the person on personal recognizance under subsection 7b7 unless the judicial officer determines that-- 7,a7 a condition or combination of conditions is required under subsection 7c72 or 7,b7 temporary detention is-- 7i7 mandatory under paragraph 7#c77;,a72 7ii7 appropriate under paragraph 7#c77;,b72 or 7iii7 required under paragraph 7#d74 7#c7 ,exceptions to ,immediate ,release ,at the initial appearance hearing1 the judicial officer may temporarily detain the person until the pretrial release hearing only in accordance with the following3 7,a7 ,mandatory temporary detention pending a pretrial release hearing ,except as provided in subparagraph 7,d71 the judicial officer shall order temporary detention and shall hold a pretrial release hearing under subsection 7f7 when the person is charged with one of the following offenses3 7i7 ,offenses involving a minor victim ,a violation of section #aeia1 or any felony that involves a minor victim4 7ii7 ,certain terrorism offenses ,an offense listed in section #bccb;b7g77#e77;,b7 for which a maximum term of imprisonment of #aj years or more is prescribed4 7iii7 ,other serious offenses ,an offense for which the maximum sentence is life imprisonment or death1 other than an offense listed in subparagraph 7,b77i7 or 7,b77ii7 for which the maximum sentence is life imprisonment4 7iv7 ,certain repeat offenses ,any felony if the person has been convicted of two or more offenses described in paragraph 7#c77;,a77iii7 or 7#c77;,b77iii7 of this subsection1 or two or more ,state or local offenses that would have been offenses described in paragraph 7#c77;,a77iii7 or 7#c77;,b77iii7 of this subsection if a circumstance giving rise to ,federal jurisdiction had existed1 or a combination of such offenses4 7,b7 ,discretionary temporary detention ,except as provided in subparagraph 7,d71 on a showing by the attorney for the ,government of a likelihood of success on the merits at obtaining an order for detention at the pretrial release hearing1 the judicial officer may order temporary detention and may hold a pretrial release hearing under subsection 7f7 only in one of the following circumstances3 7i7 ,certain alleged narcotics offenses ,the person is charged with an offense for which a minimum term of imprisonment of ten years or more is prescribed in the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df1 and the attorney for the ,government proffers evidence sufficient to support a finding that the person is an organizer or leader in the offense or proves1 by clear and convincing evidence based on individualized facts1 that detention is necessary because the person's release creates a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 and proves by clear and convincing evidence that no conditions of release could reasonably mitigate that risk4 7ii7 ,firearms offenses ,the person is charged with any felony that involves the possession or use of a firearm or destructive device 7as those terms are defined in section #iba71 or any other dangerous weapon4 7iii7 ,crime of violence ,the person is charged with a crime of violence1 as defined in section #ibd7;c77#c77;,a74 7iv7 ,failure to register ,the person is charged with a failure to register felony offense under section #bbej4 7v7 ,non-appearance in court ,the attorney for the ,government proves1 by clear and convincing evidence based on individualized facts1 that the person's release creates a high risk of intentional non-appearance in court1 and that no conditions of release could reasonably mitigate that risk4 7vi7 ,obstruction of justice ,the attorney for the ,government proves1 by clear and convincing evidence based on individualized facts1 that there is a high risk that the person will obstruct or attempt to obstruct justice1 or threaten1 injure1 or intimidate1 or attempt to threaten1 injure1 or intimidate1 a prospective witness or juror1 and that no conditions of release could reasonably mitigate that risk4 7,c7 ,legal standard for exceptions to immediate release ,the judicial officer may not order the temporary detention of any person on the ground that they pose a generalized danger or a financial danger to any other individual or the community4 ,if the judicial officer does not order detention under subparagraph 7,a7 or 7,b71 the judicial officer must order the immediate release of the person under subsection 7b7 or 7c74 7,d7 ,exceptions to detention ,during any continuance under paragraph 7#a71 a person who would otherwise be ordered temporarily detained under this paragraph may not be detained if the person establishes extenuating employment1 family1 or other circumstances that weigh against temporary detention1 in which case the judicial officer shall release the person under subsection 7b7 or 7c71 pending the pretrial release hearing4 7#d7 ,temporary ,detention ,to ,permit ,revocation of ,conditional ,release1 ,deportation1 or ,exclusion 7,a7 ,during the initial appearance hearing the judicial officer shall make a determination as to whether the attorney for the ,government has proven1 by a preponderance of the evidence based on individualized facts1 that-- 7i7 the person-- 7,i7 is1 and was at the time the offense was committed1 on-- 7aa7 release pending trial for a felony under ,federal1 ,state1 or local law2 7bb7 release pending imposition or execution of sentence1 appeal of sentence or conviction1 or completion of sentence1 for any offense under ,federal1 ,state1 or local law2 or 7cc7 probation or parole for any offense under ,federal1 ,state1 or local law2 or 7,,ii7 is not a national of the ,united ,states or an alien lawfully admitted for permanent residence1 as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj771 and is inadmissible or deportable under such ,act2 and 7ii7 the person's release creates a high risk of intentional non-appearance in court1 or a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 and that no conditions of release could reasonably mitigate that risk4 7,b7 ,if the judicial officer determines that the attorney for the ,government has satisfied the requirement under subparagraph 7,a71 such judicial officer shall order the detention of the person1 for a period of not more than five days1 excluding ,saturdays1 ,sundays1 and holidays1 and direct the attorney for the ,government to notify the appropriate court1 probation or parole official1 or ,state or local law enforcement official1 or the appropriate official of the ,department of ,homeland ,security1 consistent with the following3 7i7 ,if the appropriate court1 probation1 or parole official fails or declines to take the person into custody during the five-day period of temporary detention1 the person shall be treated in accordance with the other provisions of this section4 7ii7 ,if temporary detention is sought under subclause 7,,ii7 of subparagraph 7,a77i71 the person shall be afforded the opportunity to enter evidence rebutting any determination under such subclause4 7iii7 ,if the person rebuts the nationality determination1 temporary detention under this paragraph is not permitted4 7iv7 ,if the person fails to rebut the nationality determination1 the judicial officer shall order the temporary detention of the person under this paragraph4 ,if the ,department of ,homeland ,security fails or declines to take such person into custody during the five-day period of temporary detention1 the person shall be treated in accordance with other provisions of this section and shall not be subject to detention under the ,immigration and ,nationality ,act 7except section #bcf;,a of such ,act1 #h ,u4,s4,c4 #abbf;,a7 during the pendency of the case4 7#e7 ,production of pretrial services report ,no later than the initial appearance hearing1 ,united ,states ,probation and ,pretrial ,services shall produce to the judicial officer1 the person1 and the attorney for the ,government a report detailing information pertaining to the pretrial release of that person4 4 7#f7 ,by striking subsection 7f7 and inserting the following3 7f7 ,pretrial release hearing 7#a7 ,in general and timing ,if the person is not ordered released on personal recognizance without conditions under subsection 7b7 at the initial appearance hearing1 the judicial officer shall immediately thereafter1 at the same initial appearance1 conduct a pretrial release hearing under subsection 7f71 unless the judicial officer grants a continuance sought by the person or the attorney for the ,government4 ,a continuance of the pretrial release hearing on motion of the attorney for the ,government must be supported by good cause and may not exceed three days 7not including any intermediate ,saturday1 ,sunday1 or legal holiday74 ,a continuance of the pretrial release hearing on motion of the person may not exceed five days 7not including any intermediate ,saturday1 ,sunday1 or legal holiday74 ,during a continuance1 a person detained temporarily under subsection 7e77#c7 shall be detained until the pretrial release hearing1 unless the person establishes extenuating employment1 family1 or other circumstances that weigh against temporary detention1 in which case the judicial officer shall release the person under subsection 7b7 or 7c7 pending the pretrial release hearing4 7#b7 ,presumption of release without conditions ,at the pretrial release hearing1 the judicial officer shall apply a presumption of release on personal recognizance under subsection 7b7 unless the judicial officer determines that a condition or combination of conditions is required under subsection 7c74 7#c7 ,legal ,standard at the pretrial release hearing 7,a7 ,if the person is temporarily detained at the initial appearance hearing under subsection 7e77#c77;,a71 7e77#c77;,b77i71 7e77#c77;,b77ii71 7e77#c77;,b77iii71 7e77#c77;,b77iv71 or 7e77#c77;,b77vi71 then at the pretrial release hearing the judicial officer may order the detention of the person before trial only if the attorney for the ,government proves1 by clear and convincing evidence based on individualized facts1 that detention is necessary because the person's release creates a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 and proves by clear and convincing evidence that no conditions of release could reasonably mitigate that risk4 ,the judicial officer may not detain any person on the ground that they pose a generalized danger or a financial danger to any other individual or the community4 ,if the attorney for the ,government did not move for detention under subsection 7e77#c77;,a71 7e77#c77;,b77i71 7e77#c77;,b77ii71 7e77#c77;,b77iii71 7e77#c77;,b77iv71 or 7e77#c77;,b77vi7 at the initial appearance hearing yet wishes to seek detention at the pretrial release hearing for an offense enumerated in those subsections on the ground that the person's release creates a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 the attorney for the ,government must meet the legal standard in this subparagraph and also establish by clear and convincing evidence that such request rests on evidence that was newly discovered after the initial appearance and that the failure to discover the evidence previously was not caused by any lack of due diligence4 7,b7 ,if the person is temporarily detained at the initial appearance hearing under subsection 7e77#c77;,b77v7 or 7e77#c77;,b77vi71 then at the pretrial release hearing the judicial officer may order the detention of the person before trial only if the attorney for the ,government proves1 by clear and convincing evidence based on individualized facts1 that the person's release creates a high risk of intentional non-appearance in court1 and proves by clear and convincing evidence that no conditions of release could reasonably mitigate that risk4 ,if the attorney for the ,government did not move for detention under subsection 7e77#c77;,b77v7 or 7e77#c77;,b77vi7 at the initial appearance hearing yet wishes to seek detention at the pretrial release hearing on the ground that the person's release creates a high risk of intentional non-appearance in court1 the attorney for the ,government must meet the legal standard in this subparagraph and also establish by clear and convincing evidence that such request rests on evidence that was newly discovered after the initial appearance and that the failure to discover the evidence previously was not caused by any lack of due diligence4 7,c7 ,at the pretrial release hearing1 the attorney for the ,government bears the burden of proof4 ,if the attorney for the ,government does not meet its burden of proof1 the judicial officer shall release the person under subsection 7b7 or 7c74 7#d7 ,procedure at the pretrial release hearing 7,a7 ,procedural requirements 7i7 ,disclosure requirements ,if the attorney for the ,government requests detention1 then at a reasonable time prior to the pretrial release hearing the attorney for the ,government shall provide to the person-- 7,i7 notice of the alleged factual bases for detention2 7,,ii7 the evidence offered in support thereof2 7,,iii7 any information in its possession that is relevant-- 7aa7 to the question of release1 guilt1 or punishment2 or 7bb7 to impeachment of the ,government's witnesses2 and 7,,iv7 any information in their possession that is favorable to the person4 7ii7 ,representation by counsel ,at the hearing1 the person has the right to be represented by counsel1 and1 if financially unable to obtain adequate representation1 to have counsel appointed under section #cjjf;,a 7without regard to any financial ability to secure representation74 7iii7 ,procedural rights ,the person shall be afforded an opportunity to testify1 to subpoena documents and witnesses1 to present witnesses1 to cross-examine witnesses who appear at the hearing1 and to present information by proffer or otherwise4 ,if the person testifies1 the person's testimony is not admissible in any other criminal proceedings other than as impeachment evidence if the person testifies at trial4 7iv7 ,witness production requirement ,the attorney for the ,government shall support its detention request with the testimony of witnesses1 unless the person waives the right to such testimony4 7v7 ,adverse inference ,if the attorney for the ,government fails to comply with the requirements of this subparagraph1 the judicial officer may draw an adverse inference that weighs against the attorney for the ,government's detention request4 7,b7 ,evidentiary standard ,the rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing1 except that hearsay evidence shall not be admitted unless the judicial officer determines that the attorney for the ,government has offered a satisfactory explanation for not producing the testifying witness1 and that the hearsay evidence is reliable4 7#e7 ,factors to be considered at the pretrial release hearing ,in determining whether there are conditions of release that could reasonably mitigate the risks described in paragraph 7#c71 the judicial officer shall take into account the available information concerning-- 7,a7 the history and characteristics of the person1 including the person's character1 physical and mental condition1 family ties1 employment1 financial resources1 length of residence in the community to which the person is seeking to be released1 community ties1 past violent conduct1 criminal history1 and record concerning appearance at court proceedings2 7,b7 the nature and circumstances of the offense charged2 7,c7 whether the person's release creates a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another2 7,d7 the weight of the evidence against the person1 but to preserve the presumption of innocence in subsection 7a71 the judicial officer shall give this factor the least weight2 7,e7 whether the person's age or medical condition renders them especially vulnerable2 and 7,f7 the conditions of confinement1 including access to adequate medical1 mental health1 and dental treatment1 access to medications1 and the person's ability to privately consult with counsel and meaningfully prepare a defense4 7#f7 ,additional defense burden of production in certain serious cases ,the attorney for the ,government continues to bear the burden of meeting the legal standard in paragraph 7#c7 of this subsection1 but to obtain release the person shall present some affirmative mitigating circumstances under paragraph 7#e7 of this subsection if that person-- 7,a7 is accused of-- 7i7 an offense under section #bccb;b for which the maximum term of imprisonment is #aj years or more2 7ii7 an offense under chapter #gg of this title for which the maximum term of imprisonment is #bj years or more2 or 7iii7 an offense involving a minor victim under section #abja1 #aeia1 #bbda1 #bbdb1 #bbdd7;a77#a71 #bbde1 #bbea1 #bbea;,a1 #bbeb7;a77#a71 #bbeb7;a77#b71 #bbeb7;a77#c71 #bbeb;,a7a77#a71 #bbeb;,a7a77#b71 #bbeb;,a7a77#c71 #bbeb;,a7a77#d71 #bbfj1 #bdba1 #bdbb1 #bdbc1 or #bdbe2 or 7,b7 has been temporarily detained pursuant to subsection 7e77#c77;,a71 if the judicial officer determines that the attorney for the ,government has proven-- 7i7 the person has been convicted of a ,federal offense that is described in subsection 7e77#c77;,a71 or of a ,state or local offense that would have been an offense described in subsection 7e77#c77;,a7 if a circumstance giving rise to ,federal jurisdiction had existed2 7ii7 the offense described in clause 7i7 was committed while the person was on release pending trial for a ,federal1 ,state1 or local offense2 and 7iii7 a period of not more than five years has elapsed since the date of conviction1 or the release of the person from imprisonment1 for the offense described in clause 7i71 whichever is later4 4 7#g7 ,by striking subsections 7g7 through 7j74 7#h7 ,by adding at the end the following3 7g7 ,contents of release and detention order 7#a7 ,contents of release order ,if the judicial officer orders pretrial release1 the judicial officer shall-- 7,a7 in cases where the judicial officer imposes conditions of release under subsection 7c71 provide written findings of fact and a written statement of reasons explaining why any conditions imposed is the least restrictive necessary to reasonably mitigate any individualized and specific risks posed by the person2 7,b7 include a written statement that sets forth all the conditions to which the release is subject1 in a manner sufficiently clear and specific to serve as a guide for the person's conduct2 and 7,c7 advise the person of-- 7i7 the penalties for violating a condition of release1 including the penalties for committing an offense while on pretrial release2 7ii7 the consequences of violating a condition of release1 including the immediate issuance of a warrant for the person's arrest2 and 7iii7 sections #aejc of this title 7relating to intimidation of witnesses1 jurors1 and officers of the court71 #aeaj 7relating to obstruction of criminal investigations71 #aeab 7tampering with a witness1 victim1 or an informant71 and #aeac 7retaliating against a witness1 victim1 or an informant74 7#b7 ,contents of detention order ,if the judicial officer orders pretrial detention1 the judicial officer shall-- 7,a7 provide written findings of fact and a written statement of the reasons for the detention1 identifying whether the detention is based on a finding that the person's release creates a high risk of non-appearance in court or a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 and stating that no condition or combination of conditions could reasonably mitigate that risk2 7,b7 direct that the person be committed to the custody of the ,attorney ,general for confinement in a corrections facility separate1 to the extent practicable1 from persons awaiting or serving sentences or being held in custody pending appeal2 7,c7 direct that the person be afforded reasonable opportunity for private consultation with counsel2 7,d7 direct that1 on order of a court of the ,united ,states or on request of an attorney for the ,government1 the person in charge of the correctional facility in which the person is confined deliver the person to a ,united ,states ,marshal for the purpose of an appearance in connection with a court proceeding2 7,e7 direct that any place of pretrial confinement shall conform to the ,federal ,performance ,based ,detention ,standards2 7,f7 direct that the correctional facility in which the person is confined provide immediate access to adequate medical1 mental health1 and dental treatment and promptly provide any medications2 and 7,g7 direct that any person with an objectively serious medical or mental health condition be subject to a periodic 7based on a determination of what period would be appropriate to the individual's condition7 review before the judicial officer to ensure that the place of pretrial confinement is adequately addressing said condition1 and to consider appropriate alternatives to continued confinement1 if necessary4 7h7 ,subsequent order for temporary release 7#a7 ,the judicial officer may1 by subsequent order1 permit the temporary release of a person to the extent that the judicial officer determines such release to be necessary for the person to privately consult with counsel2 meaningfully prepare a defense2 obtain access to medical1 mental health1 or dental treatment that has not been adequately provided by the place of pretrial confinement2 or for any other compelling reason4 7#b7 ,the judicial officer may1 by subsequent order1 permit the temporary release of a person who has been detained to allow the person to attend a major life event of an immediate family member1 such as a wedding1 birth1 religious ritual1 graduation1 deathbed visit1 or funeral1 if the judicial officer finds that conditions of release could reasonably mitigate any previously identified risk for the limited period of release4 ,an immediate family member is defined as a spouse1 domestic partner1 cohabitant1 child1 stepchild1 grandchild1 parent1 stepparent1 mother-in-law1 father-in-law1 son-in-law1 daughter-in-law1 grandparent1 brother1 sister1 half-brother1 half-sister1 stepsibling1 brother-in-law1 sister-in-law1 aunt1 uncle1 niece1 nephew1 or first cousin4 7i7 ,procedures in ,removal ,cases 7#a7 ,a person who is arrested or summoned to court in a district other than where the offense was allegedly committed 7hereinafter in this section referred to as the arresting district7 shall be entitled to an initial appearance hearing and a pretrial release hearing in the arresting district4 ,the initial appearance hearing shall occur no more than #dh hours after the person enters custody4 ,upon appearance before a judicial officer in the arresting district1 the person shall be detained or released as provided in subsections 7a7 through 7h7 of this section4 7#b7 ,if the judicial officer in the arresting district orders the detention of the person pending transfer to the district where the offense was allegedly committed 7hereinafter in this section referred to as the charging district71 the person shall be taken before a judicial officer in the charging district not more than #e days after the initial appearance hearing in the arresting district and shall receive an initial appearance hearing and pretrial release hearing in the charging district in accordance with subsections 7a7 through 7h7 of this section4 ,the judicial officer in the charging district is not bound by any factual or legal determinations made by the judicial officer in the arresting district4 7#c7 ,if the judicial officer in the arresting district orders the person released pending transfer to the charging district1 the person shall receive a prompt initial appearance hearing in the charging district4 ,if the person appears as directed in the charging district and is performing satisfactorily on release1 the person is entitled to a presumption that all conditions of release continue unchanged in the charging district4 ,the attorney for the ,government shall have the right to appeal the release order to the district court in the arresting district only4 ,any government appeal must be conducted on an expedited basis4 ,either party can move to modify the conditions of release in the charging district under this section4 7#d7 ,if the judicial officer in the arresting district orders the person detained pending transfer to the charging district1 the person shall be informed of the right to an expedited appeal to the district court in the arresting district1 and such appeal shall be heard within #gb hours unless the person consents to a delay4 ,any appeal by the ,government must also be conducted on an expedited basis4 4 #d4 ,review and appeal of a release or detention order ,section #cade of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter following paragraph 7#b71 by striking ,the motion shall be determined promptly42 7,b7 by striking the matter preceding paragraph 7#a71 and inserting ,except in a removal case covered by section #cadb7;i71 if a person is ordered released by a magistrate judge--2 7,c7 in paragraph 7#a7-- 7i7 by striking court having original jurisdiction over the offense and inserting district court2 7ii7 by inserting after conditions of release the following3 at any time before trial2 and 7iii7 by striking and2 and 7,d7 by striking paragraph 7#b7 and inserting the following3 7#b7 the person may file1 with the magistrate judge or with the district court1 a motion for amendment of the conditions of release at any time before trial2 and 7#c7 motions under this subsection shall be determined promptly4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,review of a detention order 7#a7 ,review by a magistrate judge ,except in a removal case covered by section #cadb7;i71 if a person is ordered detained by a magistrate judge1 the person may file with the magistrate judge a motion for reconsideration or amendment of the order for any reason material to the inquiry in section #cadb1 at any time before trial4 ,the person is entitled to a hearing on that motion4 ,the pretrial release hearing standards in subsection 7f7 of section #cadb govern at that reopened hearing4 7#b7 ,review by a district court ,except in a removal case covered by section #cadb7;i71 if a person is ordered detained by a magistrate judge1 the person may file1 with the district court1 a motion for pretrial release4 ,the motion shall be heard within #gb hours unless the person consents to a delay4 ,the district court shall review the motion and release or detain the person after a hearing under section #cadb4 2 7#c7 in subsection 7c71 by striking ,the appeal shall be determined promptly and all that follows and inserting the following3 ,if a judicial officer orders pretrial detention1 the person shall be informed of the right to an appeal4 ,such appeal shall be heard within #gb hours unless the person consents to a delay4 ,the judicial officer may order a person who has been detained under section #cadb released pending the appeal of the detention order if it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate42 and 7#d7 by inserting1 at the end1 the following3 7d7 ,release pending review or appeal ,if a person is ordered released by a magistrate judge and the attorney for the ,government files a motion for revocation of the release order or a motion for amendment of the conditions of release with the district court under paragraph 7#a7 of subsection 7a71 or the attorney for the ,government files an appeal from a release order with the court of appeals under subsection 7c7 of this section1 the person shall remain on pretrial release pending review or appeal4 ,a release order shall not be stayed pending review or appeal4 4 #e4 ,sanctions for violation of a release condition ,section #cadh of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,available sanctions for violation of release ,if the judicial officer finds that a person who has been released under section #cadb has violated a condition of release1 the judicial officer may-- 7#a7 continue the person on pretrial release without new conditions2 7#b7 continue the person on pretrial release with new conditions2 or 7#c7 revoke the person's release and enter an order of detention4 2 7#b7 in subsection 7b7-- 7,a7 by inserting after ,a judicial officer may issue a the following3 summons to appear in court or a2 and 7,b7 by striking paragraph 7#b7 7including the matter following subparagraph 7,b77 and inserting the following3 7#b7 finds that1 based on the factors set forth in section #cadb7;f77#e7 and based on individualized facts1 the person poses a high risk of intentional non-appearance in court or poses a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another1 and that no conditions of release could reasonably mitigate that risk4 2 and 7#c7 by striking subsection 7c74 #f4 ,pretrial detention and release data and ,reporting 7a7 ,in general ,chapter #bjg of title #ah1 ,united ,states ,code1 is amended by inserting after section #caed the following new section3 #caed;,a4 ,pretrial detention and release data and reporting 7a7 ,data collection ,the ,administrative ,office of the ,u4,s4 ,courts1 ,united ,states ,probation and ,pretrial ,services1 the ,united ,states ,sentencing ,commission1 and the ,executive ,office of ,united ,states ,attorneys shall each maintain records with respect to pretrial detention and release for each person charged with a ,federal crime4 ,these records shall include3 7#a7 ,demographic information1 including race1 ,hispanic ethnicity1 age1 sex1 and citizenship status4 7#b7 ,the type of crime charged4 7#c7 ,whether during the initial appearance hearing the person was represented by a ,federal or community defender attorney1 counsel appointed under section #cjjf;,a1 private counsel1 or was unrepresented4 7#d7 ,whether during the pretrial release hearing the person was represented by a ,federal or community defender attorney1 counsel appointed under section #cjjf;,a1 private counsel1 or was unrepresented4 7#e7 ,the person's pretrial risk assessment 7in this section referred to as ,,ptra7 score4 7#f7 ,whether the person was detained after their initial appearance hearing and if so1 the legal basis for detention4 7#g7 ,whether the person was released after their initial appearance hearing and if so1 the terms and conditions of that release1 including the amount of the bond1 whether the bond was secured or unsecured1 and if the bond was secured1 whether it was secured by money1 property1 or other collateral4 7#h7 ,whether the charged crime qualifies for mandatory or temporary detention at the initial appearance hearing under section #cadb7;e77#c77;,a7 or section #cadb7;e77#c77;,b7 of this title4 7#i7 ,whether the prosecutor moves for mandatory temporary detention under section #cadb7;e77#c77;,a7 or discretionary temporary detention under section #cadb7;e77#c77;,b74 7#aj7 ,whether the charged crime requires an additional burden of production for the defense at the pretrial release hearing under section #cadb7;f77#f74 7#aa7 ,whether a subsequent pretrial release hearing was held4 7#ab7 ,whether the person was detained after the pretrial release hearing and if so1 the legal basis for detention4 7#ac7 ,whether the person was released after the pretrial release hearing and if so1 the terms and conditions of that release1 including the amount of the bond1 whether the bond was secured or unsecured1 and if the bond was secured1 whether it was secured by money1 property1 or other collateral4 7#ad7 ,if a bond was set at any point1 whether a condition of the person's release was electronic monitoring4 7#ae7 ,whether the person was detained at the time of case disposition1 including at the time of guilty plea entry1 jury conviction1 acquittal1 dismissal1 or other case disposition4 7#af7 ,if the person was convicted1 whether the person was detained at the time of sentencing4 7#ag7 ,the number of days spent in pretrial detention prior to sentencing or prior to other non-conviction disposition4 7#ah7 ,whether the person violated a technical condition of pretrial release at any time prior to sentencing or prior to other non-conviction disposition4 7#ai7 ,whether the person was charged with a new criminal offense at any time prior to sentencing or prior to other non-conviction disposition4 7#bj7 ,whether the person's bond was revoked for failing to appear in court at any time4 7#ba7 ,the charges filed4 7#bb7 ,the final charges of conviction4 7#bc7 ,the sentence imposed1 if applicable4 7b7 ,federal justice statistics program data 7#a7 ,in general ,the data collected under subsection 7a7 shall be reported to the ,federal ,justice ,statistics program of the ,bureau of ,justice ,statistics1 with identifiers allowing it to be linked to other data from that program on the same cases4 7#b7 ,publication ,the data reported under paragraph 7#a71 shall be made available annually to the ,national ,archive of ,criminal ,justice ,data1 without identifying the persons involved1 for research purposes4 7#c7 ,integration ,the ,administrative ,office of the ,u4,s4 ,courts1 ,united ,states ,probation and ,pretrial ,services1 the ,united ,states ,sentencing ,commission1 and the ,executive ,office of the ,united ,states ,attorneys may choose to integrate the data under subsection 7a7 within existing datasets provided to the ,federal ,justice ,statistics program of the ,bureau of ,justice ,statistics4 7c7 ,publication ,the ,administrative ,office of the ,u4,s4 ,courts shall publish1 on a quarterly basis1 national data and data for each district in the aggregate and disaggregated by race1 ,hispanic ethnicity1 counsel status1 sex1 age1 and type of crime charged1 on the following3 7#a7 ,pretrial detention and release rates4 7#b7 ,the median or average duration of pretrial detention4 7#c7 ,the median ,,ptra score4 7#d7 ,the number of people not represented by counsel during the entirety of the initial appearance hearing4 7#e7 ,the number of people detained after the initial appearance hearing4 7#f7 ,the number of people released after the initial appearance hearing4 7#g7 ,the number of people detained after the pretrial release hearing4 7#h7 ,the number of people released after the pretrial release hearing4 7#i7 ,the number of people who qualified for mandatory or temporary detention at the initial appearance hearing under section #cadb7;e77#c77;,a7 or section #cadb7;e77#c77;,b7 of this title4 7#aj7 ,the number of cases that required an additional burden of production for the defense at the pretrial release hearing under section #cadb7;f77#f7 of this title4 7#aa7 ,the number of people detained without a pretrial release hearing being held4 7#ab7 ,the number of people released on an unsecured bond4 7#ac7 ,the number of people released on a secured bond4 7#ad7 ,the number of people released on a bond for which one of the conditions is electronic monitoring4 7#ae7 ,the number of people who violated a technical condition of pretrial release at any time prior to sentencing or prior to other non-conviction disposition4 7#af7 ,the number of people charged with a new criminal offense at any time prior to sentencing or prior to other non-conviction disposition4 7#ag7 ,the number of people whose bond was revoked for failing to appear in court at any time4 4 7b7 ,clerical amendment ,the table of sections for title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #caed the following3 #caed;,a4 ,pretrial detention and release data and reporting4 4 #g4 ,conforming amendments ,rule #cb4a of the ,federal ,rules of ,criminal ,procedure1 is amended in subsection 7a7-- 7#a7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,release or ,detention 7,a7 ,in general ,a person held in custody must be taken without unnecessary delay before a judicial officer and shall receive an initial appearance hearing4 ,at the initial appearance hearing1 the judicial officer shall issue an order as set forth in section #cadb7;e7 and section #cadb7;g7 of title #ah1 ,united ,states ,code4 ,all provisions of sections #cadb7;b7 and 7c7 of title #ah1 ,united ,states ,code1 shall apply4 7,b7 ,mandatory ,temporary ,detention for ,certain ,violations ,at the initial appearance hearing1 the judicial officer shall proceed under section #cadb7;e77#c77;,a7 of title #ah1 ,united ,states ,code1 if the petition alleges a violation predicated on the initiation of a new criminal prosecution against the person-- 7i7 a ,federal1 ,state or local offense punishable by a term of imprisonment exceeding one year that-- 7,i7 is an offense that is a felony and has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another1 or 7,,ii7 involves the possession of a firearm or destructive device of a type described in #bf ,u4,s4,c4 #ehde7;a72 or 7ii7 any other ,federal1 ,state1 or local offense punishable by a term of imprisonment exceeding #bj years4 7,c7 ,discretionary ,temporary ,detention ,at the initial appearance hearing1 the judicial officer shall proceed under section #cadb7;e77#c77;,b7 of title #ah1 ,united ,states ,code1 for all categories of violation not described in subparagraph 7,b74 2 and 7#b7 by inserting at the end the following3 7#g7 ,pretrial release hearing ,at the pretrial release hearing1 the judicial officer shall follow the procedures as set forth in section #cadb7;f7 of title #ah1 ,united ,states ,code4 4