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(1)(B)(xii) of this section, 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. (h) Contents of Release Order. - In a release order issued under subsection (b) or (c) of this section, the judicial officer shall - (1) include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (2) advise the person of - (A) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; (B) the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest; and (C) sections 1503 of this title (relating to intimidation of witnesses, jurors, and officers of the court), 1510 (relating to obstruction of criminal investigations), 1512 (tampering with a witness, victim, or an informant), and 1513 (retaliating against a witness, victim, or an informant). (i) Contents of Detention Order. - In a detention order issued under subsection (e) of this section, the judicial officer shall - (1) include written findings of fact and a written statement of the reasons for the detention; (2) direct that the person be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; (3) direct that the person be afforded reasonable opportunity for private consultation with counsel; and (4) direct that, on order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections 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 proceeding. The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason. (j) Presumption of Innocence. - Nothing in this section shall be construed as modifying or limiting the presumption of innocence. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98 Stat. 1976; amended Pub. L. 99-646, Secs. 55(a), (c), 72, Nov. 10, 1986, 100 Stat. 3607, 3617; Pub. L. 100-690, title VII, Sec. 7073, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 101-647, title X, Sec. 1001(b), title XXXVI, Secs. 3622-3624, Nov. 29, 1990, 104 Stat. 4827, 4965; Pub. L. 104-132, title VII, Secs. 702(d), 729, Apr. 24, 1996, 110 Stat. 1294, 1302; Pub. L. 108-21, title II, Sec. 203, Apr. 30, 2003, 117 Stat. 660.) -REFTEXT- REFERENCES IN TEXT The Controlled Substances Act, referred to in subsecs. (e) and (f)(1)(C), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. The Controlled Substances Import and Export Act, referred to in subsecs. (e) and (f)(1)(C), is title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables. The Maritime Drug Law Enforcement Act, referred to in subsecs. (e) and (f)(1)(C), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as amended, which is classified generally to chapter 38 (Sec. 1901 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 1901 of Title 46, Appendix, and Tables. -MISC1- PRIOR PROVISIONS A prior section 3142, acts June 25, 1948, ch. 645, 62 Stat. 821; June 22, 1966, Pub. L. 89-465, Sec. 5(c), 80 Stat. 217, set forth provisions relating to surrender by bail, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98-473. AMENDMENTS 2003 - Subsec. (e). Pub. L. 108-21, in concluding provisions, substituted "1901 et seq.)," for "1901 et seq.), or" and "of this title, or an offense involving a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title" for "of title 18 of the United States Code". 1996 - Subsec. (e). Pub. L. 104-132, Sec. 702(d), inserted ", 956(a), or 2332b" after "section 924(c)" in concluding provisions. Subsec. (f). Pub. L. 104-132, Sec. 729, in concluding provisions, inserted "(not including any intermediate Saturday, Sunday, or legal holiday)" after "five days" and after "three days". 1990 - Subsec. (c)(1)(B)(xi). Pub. L. 101-647, Sec. 3622, amended cl. (xi) generally. Prior to amendment, cl. (xi) read as follows: "execute an agreement to forfeit upon failing to appear as required, such designated property, including money, as is reasonably necessary to assure the appearance of the person as required, and post with the court such indicia of ownership of the property or such percentage of the money as the judicial officer may specify;". Subsec. (c)(1)(B)(xii). Pub. L. 101-647, Sec. 3623, amended cl. (xii) generally. Prior to amendment, cl. (xii) read as follows: "execute a bail bond with solvent sureties in such amount as is reasonably necessary to assure the appearance of the person as required;". Subsecs. (e), (f)(1)(C). Pub. L. 101-647, Sec. 1001(b), substituted "the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)" for "section 1 of the Act of September 15, 1980 (21 U.S.C. 955a)". Subsec. (g)(4). Pub. L. 101-647, Sec. 3624, substituted "subsection (c)(1)(B)(xi) or (c)(1)(B)(xii)" for "subsection (c)(2)(K) or (c)(2)(L)". 1988 - Subsec. (c)(3). Pub. L. 100-690 substituted "the order" for "order". 1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(a), (c)(1), in par. (1) struck out "his" after "released on" and substituted "under subsection (b) of this section" for "pursuant to the provisions of subsection (b)", in par. (2) substituted "under subsection (c) of this section" for "pursuant to the provisions of subsection (c)", in par. (3) substituted "under subsection (d) of this section" for "pursuant to provisions of subsection (d)", and in par. (4) substituted "under subsection (e) of this section" for "pursuant to provisions of subsection (e)". Subsec. (b). Pub. L. 99-646, Sec. 55(c)(2), struck out "his" after "person on" and "period of". Subsec. (c). Pub. L. 99-646, Sec. 55(c)(3), designated existing provision as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B), in provision preceding subpar. (A) substituted "subsection (b) of this section" for "subsection (b)" and "such judicial officer" for "he", in subpar. (B) redesignated subpars. (A) to (N) as cls. (i) to (xiv), in provision preceding cl. (i) substituted "such judicial officer" for "he", in cl. (i) substituted "assume supervision" for "supervise him", in cl. (iv) substituted "on personal" for "on his personal", in cl. (x) substituted "medical, psychological," for "medical", designated provision relating to the judicial officer not imposing a financial condition that results in the pretrial detention of a person as par. (2), and designated provision permitting the judicial officer to impose at any time additional or different conditions of release as par. (3), and in par. (3) struck out "his" after "amend". Subsec. (d). Pub. L. 99-646, Sec. 55(c)(4), in pars. (1) and (2) substituted "such person" for "the person" and in concluding provisions substituted "such person" for "the person" in four places, "such judicial officer" for "he", "paragraph (1)(B) of this subsection" for "paragraph (1)(B)", and "such person's United States citizenship or lawful admission" for "that he is a citizen of the United States or is lawfully admitted". Subsec. (e). Pub. L. 99-646, Sec. 55(c)(5), in introductory provisions inserted "of this section" after "subsection (f)" and substituted "such judicial officer" for "he", "before" for "prior to", "described in subsection (f)(1) of this section" for "described in (f)(1)", and "if such judicial officer" for "if the judge", in par. (1) inserted "of this section" after "subsection (f)(1)" in two places, and in pars. (2) and (3) inserted "of this section" after "paragraph (1)". Subsec. (f). Pub. L. 99-646, Sec. 72, in par. (1)(D) substituted "any felony if the person has been convicted of two or more offenses" for "any felony committed after the person had been convicted of two or more prior offenses" and inserted ", or a combination of such offenses", in par. (2)(A) inserted "or" after "flee;", and in concluding provisions, inserted provision permitting the hearing to be reopened at any time before trial if the judicial officer finds that information exists that was unknown to the movant at the time of the hearing and that has a material bearing on 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. Pub. L. 99-646, Sec. 55(c)(6), substituted "such person" for "the person" wherever appearing, in introductory provision inserted "of this section" after "subsection (c)" and struck out "in a case" after "community", in par. (1) inserted "in a case" and in subpar. (D) of par. (1) inserted "of this paragraph" in two places, in par. (2) substituted "upon" for "Upon" and inserted "in a case", and in concluding provisions, substituted "sua sponte" for "on his own motion", "whether such person is an addict" for "whether he is an addict", and "financially" for "he is financially", and struck out "for him" after "appointed" and "on his own behalf" after "witnesses". Subsec. (g). Pub. L. 99-646, Sec. 55(c)(7), in par. (3)(A) substituted "the person's" for "his", in par. (3)(B) substituted "the person" for "he", and in par. (4) inserted "of this section". Subsec. (h). Pub. L. 99-646, Sec. 55(a), (c)(8), in introductory provision substituted "under" for "pursuant to the provisions of" and inserted "of this section" and in par. (2)(C) struck out "the provisions of" before "sections 1503". Subsec. (i). Pub. L. 99-646, Sec. 55(a), (c)(9), in introductory provision substituted "under" for "pursuant to the provisions of" and inserted "of this section" and in par. (3) struck out "his" after "consultation with". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by sections 3622 to 3624 of Pub. L. 101-647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101-647, set out as an Effective Date note under section 3001 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99-646, set out as a note under section 3141 of this title. -TRANS- ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2263, 3041, 3042, 3062, 3143, 3144, 3146, 3148, 3156, 3264, 3265, 3582, 4014 of this title; title 8 sections 1536, 1537; title 28 section 636. -End- -CITE- 18 USC Sec. 3143 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS -HEAD- Sec. 3143. Release or detention of a defendant pending sentence or appeal -STATUTE- (a) Release or Detention Pending Sentence. - (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c). (2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless - (A)(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or (ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and (B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. (b) Release or Detention Pending Appeal by the Defendant. - (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds - (A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and (B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in - (i) reversal, (ii) an order for a new trial, (iii) a sentence that does not include a term of imprisonment, or (iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process. If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence. (2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained. (c) Release or Detention Pending Appeal by the Government. - The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States under section 3731 of this title, in accordance with section 3142 of this title, unless the defendant is otherwise subject to a release or detention order. Except as provided in subsection (b) of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section 3742, shall - (1) if the person has been sentenced to a term of imprisonment, order that person detained; and (2) in any other circumstance, release or detain the person under section 3142. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98 Stat. 1981; amended Pub. L. 98-473, title II, Sec. 223(f), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99-646, Secs. 51(a), (b), 55(a), (d), Nov. 10, 1986, 100 Stat. 3605-3607, 3609; Pub. L. 100-690, title VII, Sec. 7091, Nov. 18, 1988, 102 Stat. 4410; Pub. L. 101-647, title IX, Sec. 902(a), (b), title X, Sec. 1001(a), Nov. 29, 1990, 104 Stat. 4826, 4827; Pub. L. 102-572, title VII, Sec. 703, Oct. 29, 1992, 106 Stat. 4515.) -MISC1- PRIOR PROVISIONS A prior section 3143, acts June 25, 1948, ch. 645, 62 Stat. 821; June 22, 1966, Pub. L. 89-465, Sec. 5(d), 80 Stat. 217, related to additional bail, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98-473. AMENDMENTS 1992 - Subsec. (b)(1). Pub. L. 102-572 substituted "subparagraph (B)(iv) of this paragraph" for "paragraph (b)(2)(D)". 1990 - Subsec. (a). Pub. L. 101-647, Sec. 902(a), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), the judicial officer" for "The judicial officer", and added par. (2). Subsec. (a)(1). Pub. L. 101-647, Sec. 1001(a), substituted "awaiting" for "waiting". Subsec. (b). Pub. L. 101-647, Sec. 902(b), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), the judicial officer" for "The judicial officer", redesignated former pars. (1) and (2) as subpars. (A) and (B), redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (B), and added par. (2). 1988 - Subsec. (b). Pub. L. 100-690, Sec. 7091(2), inserted ", except that in the circumstance described in paragraph (b)(2)(D), the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence" before period at end. Subsec. (b)(2). Pub. L. 100-690, Sec. 7091(1), added par. (2) and struck out former par. (2) which read as follows: "that the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal, an order for a new trial, or a sentence that does not include a term of imprisonment." 198

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