[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9065 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 9065

To amend title 18, United States Code, to amend provisions relating to 
  the release or detention of a defendant pending trial, sentence, or 
                    appeal, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 31, 2020

  Mr. Nadler introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to amend provisions relating to 
  the release or detention of a defendant pending trial, sentence, or 
                    appeal, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Bail Reform Act of 2020''.

SEC. 2. RELEASE OR DETENTION OF A DEFENDANT PENDING SENTENCE OR APPEAL.

    Section 3143 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following: ``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 if, at 
                the time of the guilt determination, the person is on 
                release and performing satisfactorily. The person is 
                also entitled to a presumption that all conditions of 
                release continue unchanged. If the attorney for the 
                Government moves to detain the person, the person may 
                only be detained after consideration of the factors 
                listed in section 3142(f)(5).''; and
                    (B) by striking paragraph (2);
            (2) in subsection (b)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``Except as provided in 
                paragraph (2), the'' and inserting ``The'';
                    (B) in paragraph (1), by striking subparagraph (A), 
                and inserting the following:
                    ``(A) 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 3142(b) or (c); and'';
                    (C) in paragraph (1)(B)(i), by striking 
                ``reversal,'' and inserting ``reversal of the 
                conviction,'';
                    (D) by striking paragraph (2), and inserting the 
                following:
            ``(3) 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 (1)(B)(i) or (1)(B)(ii).''; and
                    (E) in the matter preceding paragraph (2)--
                            (i) by striking ``If the judicial officer 
                        makes such findings'' and inserting the 
                        following:
            ``(2) If the judicial officer makes such findings''; and
                            (ii) by striking ``subparagraph (B)(iv)'' 
                        and inserting ``paragraph (1)(B)(iv)''; and
            (3) by striking subsection (c), and inserting the 
        following:
    ``(c) 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 3731, the person is entitled to a 
presumption of release under section 3142(b) or (c), unless it is 
clearly shown that there are exceptional reasons why such person's 
detention would be appropriate. For cases in which an appeal of a 
person's sentence has been taken by the United States under section 
3742, if the person is already on release and performing 
satisfactorily, the person is entitled to a presumption that all 
conditions of release continue unchanged; if the person is already 
detained, the judicial officer shall--
            ``(1) if the person has been sentenced to a term of 
        imprisonment of 120 months or more, continue the order of 
        detention; or
            ``(2) if the person has been sentenced to a term of 
        imprisonment of less than 120 months, release or detain the 
        person under section 3142.''.

SEC. 3. RELEASE OR DETENTION OF A DEFENDANT PENDING TRIAL.

    Section 3142 of title 18, United States Code, is amended as 
follows:
            (1) By striking subsection (a) and inserting the following:
    ``(a) Presumption of Innocence.--Nothing in this section shall be 
construed as modifying or limiting the presumption of innocence.''.
            (2) By striking subsection (b) and inserting the following:
    ``(b) Presumption of Release Without Conditions.--In all cases, the 
judicial officer shall apply a presumption of release on personal 
recognizance subject to subsections (c), (e), and (f).''.
            (3) By striking subsection (c) and inserting the following:
    ``(c) Imposing Conditions of Release.--
            ``(1) If at the initial appearance hearing or the pretrial 
        release hearing the judicial officer determines by a 
        preponderance of the evidence, based on individualized facts, 
        that the person's release on personal recognizance under 
        subsection (b) creates 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, and the judicial officer 
        determines that a combination of conditions under this 
        subsection would reasonably mitigate any risk posed by the 
        person, such judicial officer shall nevertheless order the 
        pretrial release of the person--
                    ``(A) subject to the condition that the person not 
                commit a Federal, State, or local crime during the 
                period of release; and
                    ``(B) subject to the least restrictive further 
                condition or combination of conditions that could 
                reasonably mitigate the risk identified, which may 
                include the condition that the person--
                            ``(i) remain in the custody of a designated 
                        person, who agrees to assume supervision and to 
                        report any violation of a release condition to 
                        the court;
                            ``(ii) maintain employment, or, if 
                        unemployed, actively seek employment;
                            ``(iii) maintain or commence an educational 
                        program;
                            ``(iv) abide by specified restrictions on 
                        personal associations, place of abode, or 
                        travel;
                            ``(v) avoid all contact with an alleged 
                        victim of the crime and with any potential 
                        witness who may testify concerning the offense;
                            ``(vi) report on a regular basis to a 
                        designated law enforcement agency, pretrial 
                        services agency, or other agency;
                            ``(vii) comply with a specified curfew;
                            ``(viii) refrain from possessing a firearm, 
                        destructive device, or other dangerous weapon;
                            ``(ix) refrain from excessive use of 
                        alcohol, or any use of a narcotic drug or other 
                        controlled substance, as defined in section 102 
                        of the Controlled Substances Act (21 U.S.C. 
                        802), without a prescription by a licensed 
                        medical practitioner;
                            ``(x) undergo available medical, 
                        psychological, or psychiatric treatment, 
                        including treatment for drug or alcohol 
                        dependency, and remain in a specified 
                        institution if required for that purpose;
                            ``(xi) return to custody for specified 
                        hours following release for employment, 
                        schooling, or other limited purposes; and
                            ``(xii) satisfy any other condition that is 
                        necessary to avoid a high risk of intentional 
                        nonappearance in court, or a specific and 
                        substantial risk that the person will cause 
                        bodily injury or use violent force against the 
                        person of another.
            ``(2) In any case where the person is charged with an 
        offense that involves 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, or a failure to 
        register offense under section 2250, excluding receipt of child 
        pornography, any release order shall contain a condition of 
        electronic monitoring and each of the conditions specified at 
        clauses (iv) through (viii) of paragraph (1)(B).
            ``(3) The judicial officer may not impose any condition of 
        release that imposes a financial burden on the person released. 
        Prohibited financial conditions include requiring payment of 
        cash bail, requiring a secured bond, requiring proof of ability 
        to pay an unsecured bond, requiring execution of a bail bond or 
        corporate surety bond, requiring a solvent surety to co-sign a 
        secured or unsecured bond, and requiring posting of real 
        property.
            ``(4) 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 3006A 
        is not required to pay any costs associated with pretrial 
        release or pretrial supervision including costs of pretrial 
        supervision, electronic monitoring, global positioning systems 
        monitoring, medical, psychological, or psychiatric treatment, 
        and costs associated with any of the other conditions of 
        release in this subsection.
            ``(5) To facilitate appearance in court and adherence to 
        these conditions of release, the judicial officer shall 
        instruct United States Pretrial Services to provide individual 
        court reminders, such as reminders via phone call or two-way 
        text message.
            ``(6) The judicial officer may at any time amend the 
        release order to impose additional or different conditions of 
        release. Before the conditions are modified, the person is 
        entitled to notice of the proposed modification and an 
        opportunity to be heard.''.
            (4) By striking subsection (d) and inserting the following:
    ``(d) No Shackling.--No person shall be shackled or otherwise 
physically restrained when appearing in court for any hearing relating 
to pretrial release or detention, unless the judicial officer makes a 
finding by clear and convincing evidence, in writing or on the record, 
based on individualized, case-specific reasons, that the person poses 
an imminent danger to any person in the courtroom.''.
            (5) By striking subsection (e) and inserting the following:
    ``(e) Initial Appearance Hearing.--
            ``(1) In general and timing.--In any initial appearance 
        before a judicial officer (but in no event later than 48 hours 
        after entering into custody), the judicial officer shall 
        conduct an initial appearance hearing for purposes of advising 
        the person of the criminal complaint or information, conducting 
        arraignment (as appropriate), allowing consultation with and 
        appointment of counsel, and determining whether the judicial 
        officer should release or detain the person. The judicial 
        officer shall provisionally appoint counsel to represent any 
        person eligible for representation under section 3006A (without 
        regard to any financial ability to secure representation) by 
        not later than the beginning of the initial appearance hearing 
        if that person is not otherwise represented by counsel. If at 
        the initial appearance hearing the person is temporarily 
        detained under paragraph (3), the judicial officer shall 
        immediately thereafter, at the same initial appearance, conduct 
        a pretrial release hearing under subsection (f), unless the 
        judicial officer grants a continuance sought by the person or 
        the attorney for the Government under paragraph (1) of such 
        subsection.
            ``(2) Presumption of release without conditions.--At the 
        initial appearance hearing, the judicial officer shall order 
        the pretrial release of the person on personal recognizance 
        under subsection (b) unless the judicial officer determines 
        that--
                    ``(A) a condition or combination of conditions is 
                required under subsection (c); or
                    ``(B) temporary detention is--
                            ``(i) mandatory under paragraph (3)(A);
                            ``(ii) appropriate under paragraph (3)(B); 
                        or
                            ``(iii) required under paragraph (4).
            ``(3) Exceptions to immediate release.--At the initial 
        appearance hearing, the judicial officer may temporarily detain 
        the person until the pretrial release hearing only in 
        accordance with the following:
                    ``(A) Mandatory temporary detention pending a 
                pretrial release hearing.--Except as provided in 
                subparagraph (D), the judicial officer shall order 
                temporary detention and shall hold a pretrial release 
                hearing under subsection (f) when the person is charged 
                with one of the following offenses:
                            ``(i) Offenses involving a minor victim.--A 
                        violation of section 1591, or any felony that 
                        involves a minor victim.
                            ``(ii) Certain terrorism offenses.--An 
                        offense listed in section 2332b(g)(5)(B) for 
                        which a maximum term of imprisonment of 10 
                        years or more is prescribed.
                            ``(iii) Other serious offenses.--An offense 
                        for which the maximum sentence is life 
                        imprisonment or death, other than an offense 
                        listed in subparagraph (B)(i) or (B)(ii) for 
                        which the maximum sentence is life 
                        imprisonment.
                            ``(iv) Certain repeat offenses.--Any felony 
                        if the person has been convicted of two or more 
                        offenses described in paragraph (3)(A)(iii) or 
                        (3)(B)(iii) of this subsection, or two or more 
                        State or local offenses that would have been 
                        offenses described in paragraph (3)(A)(iii) or 
                        (3)(B)(iii) of this subsection if a 
                        circumstance giving rise to Federal 
                        jurisdiction had existed, or a combination of 
                        such offenses.
                    ``(B) Discretionary temporary detention.--Except as 
                provided in subparagraph (D), 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 hearing, the judicial officer may 
                order temporary detention and may hold a pretrial 
                release hearing under subsection (f) only in one of the 
                following circumstances:
                            ``(i) 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 (21 U.S.C. 801 et seq.), the Controlled 
                        Substances Import and Export Act (21 U.S.C. 951 
                        et seq.), or chapter 705 of title 46, 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 
                        proves, by clear and convincing evidence based 
                        on individualized facts, 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 another, and proves by 
                        clear and convincing evidence that no 
                        conditions of release could reasonably mitigate 
                        that risk.
                            ``(ii) Firearms offenses.--The person is 
                        charged with any felony that involves the 
                        possession or use of a firearm or destructive 
                        device (as those terms are defined in section 
                        921), or any other dangerous weapon.
                            ``(iii) Crime of violence.--The person is 
                        charged with a crime of violence, as defined in 
                        section 924(c)(3)(A).
                            ``(iv) Failure to register.--The person is 
                        charged with a failure to register felony 
                        offense under section 2250.
                            ``(v) Non-appearance in court.--The 
                        attorney for the Government proves, by clear 
                        and convincing evidence based on individualized 
                        facts, that the person's release creates a high 
                        risk of intentional non-appearance in court, 
                        and that no conditions of release could 
                        reasonably mitigate that risk.
                            ``(vi) Obstruction of justice.--The 
                        attorney for the Government proves, by clear 
                        and convincing evidence based on individualized 
                        facts, that there is a high 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, and that no 
                        conditions of release could reasonably mitigate 
                        that risk.
                    ``(C) 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 community. If the judicial 
                officer does not order detention under subparagraph (A) 
                or (B), the judicial officer must order the immediate 
                release of the person under subsection (b) or (c).
                    ``(D) Exceptions to detention.--During any 
                continuance under paragraph (1), a person who would 
                otherwise be ordered temporarily detained under this 
                paragraph may not be detained if the person establishes 
                extenuating employment, family, or other circumstances 
                that weigh against temporary detention, in which case 
                the judicial officer shall release the person under 
                subsection (b) or (c), pending the pretrial release 
                hearing.
            ``(4) Temporary detention to permit revocation of 
        conditional release, deportation, or exclusion.--
                    ``(A) During the initial appearance hearing the 
                judicial officer shall make a determination as to 
                whether the attorney for the Government has proven, by 
                a preponderance of the evidence based on individualized 
                facts, that--
                            ``(i) the person--
                                    ``(I) is, and was at the time the 
                                offense was committed, on--
                                            ``(aa) release pending 
                                        trial for a felony under 
                                        Federal, State, or local law;
                                            ``(bb) release pending 
                                        imposition or execution of 
                                        sentence, appeal of sentence or 
                                        conviction, or completion of 
                                        sentence, for any offense under 
                                        Federal, State, or local law; 
                                        or
                                            ``(cc) probation or parole 
                                        for any offense under Federal, 
                                        State, or local law; or
                                    ``(II) is not a national of the 
                                United States or an alien lawfully 
                                admitted for permanent residence, as 
                                defined in section 101(a)(20) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101(a)(20)), and is 
                                inadmissible or deportable under such 
                                Act; and
                            ``(ii) the person's release creates 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, and that no 
                        conditions of release could reasonably mitigate 
                        that risk.
                    ``(B) If the judicial officer determines that the 
                attorney for the Government has satisfied the 
                requirement under subparagraph (A), such judicial 
                officer shall order the detention of the person, for a 
                period of not more than five days, excluding Saturdays, 
                Sundays, and holidays, and direct the attorney for the 
                Government to notify the appropriate court, probation 
                or parole official, or State or local law enforcement 
                official, or the appropriate official of the Department 
                of Homeland Security, consistent with the following:
                            ``(i) If the appropriate court, probation, 
                        or parole official fails or declines to take 
                        the person into custody during the five-day 
                        period of temporary detention, the person shall 
                        be treated in accordance with the other 
                        provisions of this section.
                            ``(ii) If temporary detention is sought 
                        under subclause (II) of subparagraph (A)(i), 
                        the person shall be afforded the opportunity to 
                        enter evidence rebutting any determination 
                        under such subclause.
                            ``(iii) If the person rebuts the 
                        nationality determination, temporary detention 
                        under this paragraph is not permitted.
                            ``(iv) If the person fails to rebut the 
                        nationality determination, the judicial officer 
                        shall order the temporary detention of the 
                        person under this paragraph. If the Department 
                        of Homeland Security fails or declines to take 
                        such person into custody during the five-day 
                        period of temporary detention, 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 (except section 236A of such Act, 8 U.S.C. 
                        1226A) during the pendency of the case.
            ``(5) Production of pretrial services report.--No later 
        than the initial appearance hearing, United States Probation 
        and Pretrial Services shall produce to the judicial officer, 
        the person, and the attorney for the Government a report 
        detailing information pertaining to the pretrial release of 
        that person.''.
            (6) By striking subsection (f) and inserting the following:
    ``(f) Pretrial Release Hearing.--
            ``(1) In general and timing.--If the person is not ordered 
        released on personal recognizance without conditions under 
        subsection (b) at the initial appearance hearing, the judicial 
        officer shall immediately thereafter, at the same initial 
        appearance, conduct a pretrial release hearing under subsection 
        (f), unless the judicial officer grants a continuance sought by 
        the person or the attorney for the Government. 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 (not including any intermediate Saturday, Sunday, or 
        legal holiday). A continuance of the pretrial release hearing 
        on motion of the person may not exceed five days (not including 
        any intermediate Saturday, Sunday, or legal holiday). During a 
        continuance, a person detained temporarily under subsection 
        (e)(3) shall be detained until the pretrial release hearing, 
        unless the person establishes extenuating employment, family, 
        or other circumstances that weigh against temporary detention, 
        in which case the judicial officer shall release the person 
        under subsection (b) or (c) pending the pretrial release 
        hearing.
            ``(2) Presumption of release without conditions.--At the 
        pretrial release hearing, the judicial officer shall apply a 
        presumption of release on personal recognizance under 
        subsection (b) unless the judicial officer determines that a 
        condition or combination of conditions is required under 
        subsection (c).
            ``(3) Legal standard at the pretrial release hearing.--
                    ``(A) If the person is temporarily detained at the 
                initial appearance hearing under subsection (e)(3)(A), 
                (e)(3)(B)(i), (e)(3)(B)(ii), (e)(3)(B)(iii), 
                (e)(3)(B)(iv), or (e)(3)(B)(vi), 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 proves, by clear and 
                convincing evidence based on individualized facts, 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 another, and proves by clear and 
                convincing evidence that no conditions of release could 
                reasonably mitigate that risk. 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 community. If the attorney for the 
                Government did not move for detention under subsection 
                (e)(3)(A), (e)(3)(B)(i), (e)(3)(B)(ii), (e)(3)(B)(iii), 
                (e)(3)(B)(iv), or (e)(3)(B)(vi) 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 another, 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 diligence.
                    ``(B) If the person is temporarily detained at the 
                initial appearance hearing under subsection 
                (e)(3)(B)(v) or (e)(3)(B)(vi), 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 proves, by clear and 
                convincing evidence based on individualized facts, that 
                the person's release creates a high risk of intentional 
                non-appearance in court, and proves by clear and 
                convincing evidence that no conditions of release could 
                reasonably mitigate that risk. If the attorney for the 
                Government did not move for detention under subsection 
                (e)(3)(B)(v) or (e)(3)(B)(vi) 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 
                court, 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 
                diligence.
                    ``(C) At the pretrial release hearing, the attorney 
                for the Government bears the burden of proof. If the 
                attorney for the Government does not meet its burden of 
                proof, the judicial officer shall release the person 
                under subsection (b) or (c).
            ``(4) Procedure at the pretrial release hearing.--
                    ``(A) Procedural requirements.--
                            ``(i) Disclosure requirements.--If the 
                        attorney for the Government requests detention, 
                        then at a reasonable time prior to the pretrial 
                        release hearing the attorney for the Government 
                        shall provide to the person--
                                    ``(I) notice of the alleged factual 
                                bases for detention;
                                    ``(II) the evidence offered in 
                                support thereof;
                                    ``(III) any information in its 
                                possession that is relevant--
                                            ``(aa) to the question of 
                                        release, guilt, or punishment; 
                                        or
                                            ``(bb) to impeachment of 
                                        the Government's witnesses; and
                                    ``(IV) any information in their 
                                possession that is favorable to the 
                                person.
                            ``(ii) Representation by counsel.--At the 
                        hearing, the person has the right to be 
                        represented by counsel, and, if financially 
                        unable to obtain adequate representation, to 
                        have counsel appointed under section 3006A 
                        (without regard to any financial ability to 
                        secure representation).
                            ``(iii) Procedural rights.--The person 
                        shall be afforded an opportunity to testify, to 
                        subpoena documents and witnesses, to present 
                        witnesses, to cross-examine witnesses who 
                        appear at the hearing, and to present 
                        information by proffer or otherwise. If the 
                        person testifies, the person's testimony is not 
                        admissible in any other criminal proceedings 
                        other than as impeachment evidence if the 
                        person testifies at trial.
                            ``(iv) Witness production requirement.--The 
                        attorney for the Government shall support its 
                        detention request with the testimony of 
                        witnesses, unless the person waives the right 
                        to such testimony.
                            ``(v) Adverse inference.--If the attorney 
                        for the Government fails to comply with the 
                        requirements of this subparagraph, the judicial 
                        officer may draw an adverse inference that 
                        weighs against the attorney for the 
                        Government's detention request.
                    ``(B) Evidentiary standard.--The rules concerning 
                admissibility of evidence in criminal trials do not 
                apply to the presentation and consideration of 
                information at the hearing, 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 witness, and that the hearsay 
                evidence is reliable.
            ``(5) 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 (3), the judicial officer shall take into account the 
        available information concerning--
                    ``(A) the history and characteristics of the 
                person, including the person's character, physical and 
                mental condition, family ties, employment, financial 
                resources, length of residence in the community to 
                which the person is seeking to be released, community 
                ties, past violent conduct, criminal history, and 
                record concerning appearance at court proceedings;
                    ``(B) the nature and circumstances of the offense 
                charged;
                    ``(C) 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 another;
                    ``(D) the weight of the evidence against the 
                person, but to preserve the presumption of innocence in 
                subsection (a), the judicial officer shall give this 
                factor the least weight;
                    ``(E) whether the person's age or medical condition 
                renders them especially vulnerable; and
                    ``(F) the conditions of confinement, including 
                access to adequate medical, mental health, and dental 
                treatment, access to medications, and the person's 
                ability to privately consult with counsel and 
                meaningfully prepare a defense.
            ``(6) 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 (3) 
        of this subsection, but to obtain release the person shall 
        present some affirmative mitigating circumstances under 
        paragraph (5) of this subsection if that person--
                    ``(A) is accused of--
                            ``(i) an offense under section 2332b for 
                        which the maximum term of imprisonment is 10 
                        years or more;
                            ``(ii) an offense under chapter 77 of this 
                        title for which the maximum term of 
                        imprisonment is 20 years or more; or
                            ``(iii) 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; or
                    ``(B) has been temporarily detained pursuant to 
                subsection (e)(3)(A), if the judicial officer 
                determines that the attorney for the Government has 
                proven--
                            ``(i) the person has been convicted of a 
                        Federal offense that is described in subsection 
                        (e)(3)(A), or of a State or local offense that 
                        would have been an offense described in 
                        subsection (e)(3)(A) if a circumstance giving 
                        rise to Federal jurisdiction had existed;
                            ``(ii) the offense described in clause (i) 
                        was committed while the person was on release 
                        pending trial for a Federal, State, or local 
                        offense; and
                            ``(iii) 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 clause (i), 
                        whichever is later.''.
            (7) By striking subsections (g) through (j).
            (8) By adding at the end the following:
    ``(g) Contents of Release and Detention Order.--
            ``(1) Contents of release order.--If the judicial officer 
        orders pretrial release, the judicial officer shall--
                    ``(A) in cases where the judicial officer imposes 
                conditions of release under subsection (c), 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 person;
                    ``(B) 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
                    ``(C) advise the person of--
                            ``(i) the penalties for violating a 
                        condition of release, including the penalties 
                        for committing an offense while on pretrial 
                        release;
                            ``(ii) the consequences of violating a 
                        condition of release, including the immediate 
                        issuance of a warrant for the person's arrest; 
                        and
                            ``(iii) 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).
            ``(2) Contents of detention order.--If the judicial officer 
        orders pretrial detention, the judicial officer shall--
                    ``(A) provide written findings of fact and a 
                written statement of the reasons for the detention, 
                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 another, and stating that 
                no condition or combination of conditions could 
                reasonably mitigate that risk;
                    ``(B) 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;
                    ``(C) direct that the person be afforded reasonable 
                opportunity for private consultation with counsel;
                    ``(D) 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 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 proceeding;
                    ``(E) direct that any place of pretrial confinement 
                shall conform to the Federal Performance Based 
                Detention Standards;
                    ``(F) direct that the correctional facility in 
                which the person is confined provide immediate access 
                to adequate medical, mental health, and dental 
                treatment and promptly provide any medications; and
                    ``(G) direct that any person with an objectively 
                serious medical or mental health condition be subject 
                to a periodic (based on a determination of what period 
                would be appropriate to the individual's condition) 
                review before the judicial officer to ensure that the 
                place of pretrial confinement is adequately addressing 
                said condition, and to consider appropriate 
                alternatives to continued confinement, if necessary.
    ``(h) Subsequent Order for Temporary Release.--
            ``(1) The judicial officer may, by subsequent order, 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 counsel; meaningfully 
        prepare a defense; obtain access to medical, mental health, or 
        dental treatment that has not been adequately provided by the 
        place of pretrial confinement; or for any other compelling 
        reason.
            ``(2) The judicial officer may, by subsequent order, 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 member, such as a wedding, birth, religious ritual, 
        graduation, deathbed visit, or funeral, if the judicial officer 
        finds that conditions of release could reasonably mitigate any 
        previously identified risk for the limited period of release. 
        An immediate family member is defined as a spouse, domestic 
        partner, cohabitant, child, stepchild, grandchild, parent, 
        stepparent, mother-in-law, father-in-law, son-in-law, daughter-
        in-law, grandparent, brother, sister, half-brother, half-
        sister, stepsibling, brother-in-law, sister-in-law, aunt, 
        uncle, niece, nephew, or first cousin.
    ``(i) Procedures in Removal Cases.--
            ``(1) A person who is arrested or summoned to court in a 
        district other than where the offense was allegedly committed 
        (hereinafter in this section referred to as the `arresting 
        district') shall be entitled to an initial appearance hearing 
        and a pretrial release hearing in the arresting district. The 
        initial appearance hearing shall occur no more than 48 hours 
        after the person enters custody. Upon appearance before a 
        judicial officer in the arresting district, the person shall be 
        detained or released as provided in subsections (a) through (h) 
        of this section.
            ``(2) 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 (hereinafter 
        in this section referred to as the `charging district'), the 
        person shall be taken before a judicial officer in the charging 
        district not more than 5 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 (a) through (h) of this 
        section. The judicial officer in the charging district is not 
        bound by any factual or legal determinations made by the 
        judicial officer in the arresting district.
            ``(3) If the judicial officer in the arresting district 
        orders the person released pending transfer to the charging 
        district, the person shall receive a prompt initial appearance 
        hearing in the charging district. If the person appears as 
        directed in the charging district and is performing 
        satisfactorily on release, the person is entitled to a 
        presumption that all conditions of release continue unchanged 
        in the charging district. The attorney for the Government shall 
        have the right to appeal the release order to the district 
        court in the arresting district only. Any government appeal 
        must be conducted on an expedited basis. Either party can move 
        to modify the conditions of release in the charging district 
        under this section.
            ``(4) If the judicial officer in the arresting district 
        orders the person detained pending transfer to the charging 
        district, the person shall be informed of the right to an 
        expedited appeal to the district court in the arresting 
        district, and such appeal shall be heard within 72 hours unless 
        the person consents to a delay. Any appeal by the Government 
        must also be conducted on an expedited basis.''.

SEC. 4. REVIEW AND APPEAL OF A RELEASE OR DETENTION ORDER.

    Section 3145 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter following paragraph (2), by 
                striking ``The motion shall be determined promptly.'';
                    (B) by striking the matter preceding paragraph (1), 
                and inserting ``Except in a removal case covered by 
                section 3142(i), if a person is ordered released by a 
                magistrate judge--'';
                    (C) in paragraph (1)--
                            (i) by striking ``court having original 
                        jurisdiction over the offense'' and inserting 
                        ``district court'';
                            (ii) by inserting after ``conditions of 
                        release'' the following: ``at any time before 
                        trial''; and
                            (iii) by striking ``and''; and
                    (D) by striking paragraph (2) and inserting the 
                following:
            ``(2) the person may file, with the magistrate judge or 
        with the district court, a motion for amendment of the 
        conditions of release at any time before trial; and
            ``(3) motions under this subsection shall be determined 
        promptly.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Review of a Detention Order.--
            ``(1) Review by a magistrate judge.--Except in a removal 
        case covered by section 3142(i), if a person is ordered 
        detained by a magistrate judge, 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 
        3142, at any time before trial. The person is entitled to a 
        hearing on that motion. The pretrial release hearing standards 
        in subsection (f) of section 3142 govern at that reopened 
        hearing.
            ``(2) Review by a district court.--Except in a removal case 
        covered by section 3142(i), if a person is ordered detained by 
        a magistrate judge, the person may file, with the district 
        court, a motion for pretrial release. The motion shall be heard 
        within 72 hours unless the person consents to a delay. The 
        district court shall review the motion and release or detain 
        the person after a hearing under section 3142.'';
            (3) in subsection (c), by striking ``The appeal shall be 
        determined promptly'' and all that follows and inserting the 
        following: ``If a judicial officer orders pretrial detention, 
        the person shall be informed of the right to an appeal. Such 
        appeal shall be heard within 72 hours unless the person 
        consents to a delay. The judicial officer may order a person 
        who has been detained under section 3142 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 appropriate.''; and
            (4) by inserting, at the end, the following:
    ``(d) 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 (1) of subsection (a), or the attorney for the Government 
files an appeal from a release order with the court of appeals under 
subsection (c) of this section, the person shall remain on pretrial 
release pending review or appeal. A release order shall not be stayed 
pending review or appeal.''.

SEC. 5. SANCTIONS FOR VIOLATION OF A RELEASE CONDITION.

    Section 3148 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Available Sanctions for Violation of Release.--If the 
judicial officer finds that a person who has been released under 
section 3142 has violated a condition of release, the judicial officer 
may--
            ``(1) continue the person on pretrial release without new 
        conditions;
            ``(2) continue the person on pretrial release with new 
        conditions; or
            ``(3) revoke the person's release and enter an order of 
        detention.'';
            (2) in subsection (b)--
                    (A) by inserting after ``A judicial officer may 
                issue a'' the following: ``summons to appear in court 
                or a''; and
                    (B) by striking paragraph (2) (including the matter 
                following subparagraph (B)) and inserting the 
                following:
            ``(2) finds that, based on the factors set forth in section 
        3142(f)(5) and based on individualized facts, 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 another, and 
        that no conditions of release could reasonably mitigate that 
        risk.''; and
            (3) by striking subsection (c).

SEC. 6. PRETRIAL DETENTION AND RELEASE DATA AND REPORTING.

    (a) In General.--Chapter 207 of title 18, United States Code, is 
amended by inserting after section 3154 the following new section:
``Sec. 3154A. Pretrial detention and release data and reporting
    ``(a) Data Collection.--The Administrative Office of the U.S. 
Courts, United States Probation and Pretrial Services, the United 
States Sentencing Commission, 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 crime. 
These records shall include:
            ``(1) Demographic information, including race, Hispanic 
        ethnicity, age, sex, and citizenship status.
            ``(2) The type of crime charged.
            ``(3) Whether during the initial appearance hearing the 
        person was represented by a Federal or community defender 
        attorney, counsel appointed under section 3006A, private 
        counsel, or was unrepresented.
            ``(4) Whether during the pretrial release hearing the 
        person was represented by a Federal or community defender 
        attorney, counsel appointed under section 3006A, private 
        counsel, or was unrepresented.
            ``(5) The person's pretrial risk assessment (in this 
        section referred to as `PTRA') score.
            ``(6) Whether the person was detained after their initial 
        appearance hearing and if so, the legal basis for detention.
            ``(7) Whether the person was released after their initial 
        appearance hearing and if so, the terms and conditions of that 
        release, including the amount of the bond, whether the bond was 
        secured or unsecured, and if the bond was secured, whether it 
        was secured by money, property, or other collateral.
            ``(8) Whether the charged crime qualifies for mandatory or 
        temporary detention at the initial appearance hearing under 
        section 3142(e)(3)(A) or section 3142(e)(3)(B) of this title.
            ``(9) Whether the prosecutor moves for mandatory temporary 
        detention under section 3142(e)(3)(A) or discretionary 
        temporary detention under section 3142(e)(3)(B).
            ``(10) Whether the charged crime requires an additional 
        burden of production for the defense at the pretrial release 
        hearing under section 3142(f)(6).
            ``(11) Whether a subsequent pretrial release hearing was 
        held.
            ``(12) Whether the person was detained after the pretrial 
        release hearing and if so, the legal basis for detention.
            ``(13) Whether the person was released after the pretrial 
        release hearing and if so, the terms and conditions of that 
        release, including the amount of the bond, whether the bond was 
        secured or unsecured, and if the bond was secured, whether it 
        was secured by money, property, or other collateral.
            ``(14) If a bond was set at any point, whether a condition 
        of the person's release was electronic monitoring.
            ``(15) Whether the person was detained at the time of case 
        disposition, including at the time of guilty plea entry, jury 
        conviction, acquittal, dismissal, or other case disposition.
            ``(16) If the person was convicted, whether the person was 
        detained at the time of sentencing.
            ``(17) The number of days spent in pretrial detention prior 
        to sentencing or prior to other non-conviction disposition.
            ``(18) Whether the person violated a technical condition of 
        pretrial release at any time prior to sentencing or prior to 
        other non-conviction disposition.
            ``(19) Whether the person was charged with a new criminal 
        offense at any time prior to sentencing or prior to other non-
        conviction disposition.
            ``(20) Whether the person's bond was revoked for failing to 
        appear in court at any time.
            ``(21) The charges filed.
            ``(22) The final charges of conviction.
            ``(23) The sentence imposed, if applicable.
    ``(b) Federal Justice Statistics Program Data.--
            ``(1) In general.--The data collected under subsection (a) 
        shall be reported to the Federal Justice Statistics program of 
        the Bureau of Justice Statistics, with identifiers allowing it 
        to be linked to other data from that program on the same cases.
            ``(2) Publication.--The data reported under paragraph (1), 
        shall be made available annually to the National Archive of 
        Criminal Justice Data, without identifying the persons 
        involved, for research purposes.
            ``(3) Integration.--The Administrative Office of the U.S. 
        Courts, United States Probation and Pretrial Services, the 
        United States Sentencing Commission, and the Executive Office 
        of the United States Attorneys may choose to integrate the data 
        under subsection (a) within existing datasets provided to the 
        Federal Justice Statistics program of the Bureau of Justice 
        Statistics.
    ``(c) Publication.--The Administrative Office of the U.S. Courts 
shall publish, on a quarterly basis, national data and data for each 
district in the aggregate and disaggregated by race, Hispanic 
ethnicity, counsel status, sex, age, and type of crime charged, on the 
following:
            ``(1) Pretrial detention and release rates.
            ``(2) The median or average duration of pretrial detention.
            ``(3) The median PTRA score.
            ``(4) The number of people not represented by counsel 
        during the entirety of the initial appearance hearing.
            ``(5) The number of people detained after the initial 
        appearance hearing.
            ``(6) The number of people released after the initial 
        appearance hearing.
            ``(7) The number of people detained after the pretrial 
        release hearing.
            ``(8) The number of people released after the pretrial 
        release hearing.
            ``(9) The number of people who qualified for mandatory or 
        temporary detention at the initial appearance hearing under 
        section 3142(e)(3)(A) or section 3142(e)(3)(B) of this title.
            ``(10) The number of cases that required an additional 
        burden of production for the defense at the pretrial release 
        hearing under section 3142(f)(6) of this title.
            ``(11) The number of people detained without a pretrial 
        release hearing being held.
            ``(12) The number of people released on an unsecured bond.
            ``(13) The number of people released on a secured bond.
            ``(14) The number of people released on a bond for which 
        one of the conditions is electronic monitoring.
            ``(15) The number of people who violated a technical 
        condition of pretrial release at any time prior to sentencing 
        or prior to other non-conviction disposition.
            ``(16) The number of people charged with a new criminal 
        offense at any time prior to sentencing or prior to other non-
        conviction disposition.
            ``(17) The number of people whose bond was revoked for 
        failing to appear in court at any time.''.
    (b) Clerical Amendment.--The table of sections for title 18, United 
States Code, is amended by inserting after the item relating to section 
3154 the following:

``3154A. Pretrial detention and release data and reporting.''.

SEC. 7. CONFORMING AMENDMENTS.

    Rule 32.1 of the Federal Rules of Criminal Procedure, is amended in 
subsection (a)--
            (1) by striking paragraph (6) and inserting the following:
            ``(6) Release or detention.--
                    ``(A) In general.--A person held in custody must be 
                taken without unnecessary delay before a judicial 
                officer and shall receive an initial appearance 
                hearing. At the initial appearance hearing, the 
                judicial officer shall issue an order as set forth in 
                section 3142(e) and section 3142(g) of title 18, United 
                States Code. All provisions of sections 3142(b) and (c) 
                of title 18, United States Code, shall apply.
                    ``(B) Mandatory temporary detention for certain 
                violations.--At the initial appearance hearing, the 
                judicial officer shall proceed under section 
                3142(e)(3)(A) of title 18, United States Code, if the 
                petition alleges a violation predicated on the 
                initiation of a new criminal prosecution against the 
                person--
                            ``(i) a Federal, State or local offense 
                        punishable by a term of imprisonment exceeding 
                        one year that--
                                    ``(I) is an offense that is a 
                                felony and has as an element the use, 
                                attempted use, or threatened use of 
                                physical force against the person or 
                                property of another, or
                                    ``(II) involves the possession of a 
                                firearm or destructive device of a type 
                                described in 26 U.S.C. 5845(a); or
                            ``(ii) any other Federal, State, or local 
                        offense punishable by a term of imprisonment 
                        exceeding 20 years.
                    ``(C) Discretionary temporary detention.--At the 
                initial appearance hearing, the judicial officer shall 
                proceed under section 3142(e)(3)(B) of title 18, United 
                States Code, for all categories of violation not 
                described in subparagraph (B).''; and
            (2) by inserting at the end the following:
            ``(7) Pretrial release hearing.--At the pretrial release 
        hearing, the judicial officer shall follow the procedures as 
        set forth in section 3142(f) of title 18, United States 
        Code.''.
                                 <all>