18 U.S.C. § 3156 — Definitions

Page 729 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3156 under, in par. (5) inserted provisions that pretrial serv- ices may provide the United States Attorney as well as the court with information described under this para- graph and that such information also includes any dan- ger that a person released to the custody of pretrial services may come to pose to any other person or the community, in par. (9) substituted provisions that pre- trial services shall develop and implement a system to monitor and evaluate bail activities, provide informa- tion on the result of bail decisions, and prepare periodic reports to assist the improvement of the bail process for provisions that pretrial services agencies would per- form such other functions as the court might assign, and added pars. (10)–(12). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. DEMONSTRATION PROGRAM FOR DRUG TESTING OF AR- RESTED PERSONS AND DEFENDANTS ON PROBATION OR SUPERVISED RELEASE Pub. L. 100–690, title VII, § 7304, Nov. 18, 1988, 102 Stat. 4464, provided that: ‘‘(a) ESTABLISHMENT.—The Director of the Adminis- trative Office of the United States Courts shall estab- lish a demonstration program of mandatory testing of criminal defendants. ‘‘(b) LENGTH OF PROGRAM.—The demonstration pro- gram shall begin not later than January 1, 1989, and shall last two years. ‘‘(c) SELECTION OF DISTRICTS.—The Judicial Con- ference of the United States shall select 8 Federal judi- cial districts in which to carry out the demonstration program, so that the group selected represents a mix of districts on the basis of criminal caseload and the types of cases in that caseload. ‘‘(d) INCLUSION IN PRETRIAL SERVICES.—In each of the districts in which the demonstration program takes place, pretrial services under chapter 207 of title 18, United States Code, shall arrange for the drug testing of defendants in criminal cases. To the extent feasible, such testing shall be completed before the defendant makes the defendant’s initial appearance in the case before a judicial officer. The results of such testing shall be included in the report to the judicial officer under section 3154 of title 18, United States Code. ‘‘(e) MANDATORY CONDITION OF PROBATION AND SUPER- VISED RELEASE.—In each of the judicial districts in which the demonstration program is in effect, it shall be an additional, mandatory condition of probation, and an additional mandatory condition of supervised release for offenses occurring or completed on or after January 1, 1989, for any defendant convicted of a felony, that such defendant refrain from any illegal use of any controlled substance (as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]) and submit to periodic drug tests for use of controlled substances at least once every 60 days. The requirement that drug tests be administered at least once every 60 days may be suspended upon motion of the Director of the Ad- ministrative Office, or the Director’s designee, if, after at least one year of probation or supervised release, the defendant has passed all drug tests administered pursu- ant to this section. No action may be taken against a defendant pursuant to a drug test administered in ac- cordance with this subsection unless the drug test con- firmation is a urine drug test confirmed using gas chro- matography techniques or such test as the Secretary of Health and Human Services may determine to be of equivalent accuracy. ‘‘(f) REPORT TO CONGRESS.—Not later than 90 days after the first year of the demonstration program and not later than 90 days after the end of the demonstra- tion program, the Director of the Administrative Office of the United States Courts shall report to Congress on the effectiveness of the demonstration program and in- clude in such report recommendations as to whether mandatory drug testing of defendants should be made more general and permanent.’’ § 3155. Annual reports Each chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, and each chief proba- tion officer in all other districts, shall prepare an annual report to the chief judge of the dis- trict court concerning the administration and operation of pretrial services and shall ensure that case file, statistical, and other information concerning the work of pretrial services is pro- vided to the Director. The Director shall be re- quired to include in the Director’s annual report to the Judicial Conference under section 604 of title 28 a report on the administration and oper- ation of the pretrial services for the previous year. (Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2088; amended Pub. L. 97–267, § 5, Sept. 27, 1982, 96 Stat. 1138; Pub. L. 113–235, div. E, title III, § 308, Dec. 16, 2014, 128 Stat. 2352.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–235, in first sentence, struck out ‘‘and the Director’’ after ‘‘chief judge of the district court’’ and inserted at end ‘‘and shall ensure that case file, statistical, and other information concerning the work of pretrial services is provided to the Director’’. 1982—Pub. L. 97–267 substituted provisions that each pretrial services officer or chief probation officer shall prepare an annual report to the chief judge of the dis- trict court and to the Director concerning the adminis- tration and operation of pretrial services and that the Director must include in the Director’s annual report to the Judicial Conference a report on the administra- tion and operation of the pretrial services for the pre- vious year for provisions relating to the Director’s an- nual report to Congress, the contents of the Director’s fourth annual report, and that on or before the expira- tion of the forty-eighth-month period following July 1, 1975, the Director would file a comprehensive report with Congress concerning the administration and oper- ation of the amendments made by the Speedy Trial Act of 1974, including his views and recommendations with respect thereto. § 3156. Definitions (a) As used in sections 3141–3150 of this chap- ter— (1) the term ‘‘judicial officer’’ means, unless otherwise indicated, any person or court au- thorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sen- tencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia; (2) the term ‘‘offense’’ means any criminal offense, other than an offense triable by court- martial, military commission, provost court, or other military tribunal, which is in viola- tion of an Act of Congress and is triable in any court established by Act of Congress; (3) the term ‘‘felony’’ means an offense pun- ishable by a maximum term of imprisonment of more than one year; (4) the term ‘‘crime of violence’’ means— Page 730 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3161 (A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another; (B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or (C) any felony under chapter 77, 109A, 110, or 117; and (5) the term ‘‘State’’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (b) As used in sections 3152–3155 of this chap- ter— (1) the term ‘‘judicial officer’’ means, unless otherwise indicated, any person or court au- thorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sen- tencing or pending appeal in a court of the United States, and (2) the term ‘‘offense’’ means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court es- tablished by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal). (Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2088; amended Pub. L. 98–473, title II, §§ 203(c), 223(h), Oct. 12, 1984, 98 Stat. 1985, 2029; Pub. L. 99–646, § 55(i), Nov. 10, 1986, 100 Stat. 3610; Pub. L. 103–322, title IV, § 40501, Sept. 13, 1994, 108 Stat. 1945; Pub. L. 104–294, title VI, § 607(i), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 105–314, title VI, § 601, Oct. 30, 1998, 112 Stat. 2982; Pub. L. 114–22, title I, § 112, May 29, 2015, 129 Stat. 240.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(4)(C). Pub. L. 114–22 inserted ‘‘77,’’ after ‘‘chapter’’. 1998—Subsec. (a)(4)(C). Pub. L. 105–314 added subpar. (C) and struck out former subpar. (C) which read as fol- lows: ‘‘any felony under chapter 109A or chapter 110; and’’. 1996—Subsec. (a)(5). Pub. L. 104–294 added par. (5). 1994—Subsec. (a)(4)(C). Pub. L. 103–322 added subpar. (C). 1986—Subsec. (a). Pub. L. 99–646 substituted ‘‘the term’’ for ‘‘The term’’ in pars. (1) to (4) and struck out ‘‘and’’ after ‘‘Congress;’’ in par. (2). 1984—Subsec. (a). Pub. L. 98–473, § 203(c)(1), sub- stituted ‘‘3141’’ for ‘‘3146’’ in provision preceding par. (1). Subsec. (a)(1). Pub. L. 98–473, § 203(c)(2), substituted ‘‘to detain or release’’ for ‘‘to bail or otherwise release’’ and struck out ‘‘and’’ after ‘‘District of Columbia;’’. Subsec. (a)(3), (4). Pub. L. 98–473, § 203(c)(3), (4), added pars. (3) and (4). Subsec. (b)(1). Pub. L. 98–473, § 203(c)(5), substituted ‘‘to detain or release’’ for ‘‘to bail or otherwise re- lease’’. Subsec. (b)(2). Pub. L. 98–473, § 223(h), substituted ‘‘Class B or C misdemeanor or an infraction’’ for ‘‘petty offense as defined in section 1(3) of this title’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 223(h) of Pub. L. 98–473 effec- tive Nov. 1, 1987, and applicable only to offenses com- mitted after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effec- tive Date note under section 3551 of this title. CHAPTER 208—SPEEDY TRIAL Sec. 3161. Time limits and exclusions. 3162. Sanctions. 3163. Effective dates. 3164. Persons detained or designated as being of high risk. 3165. District plans—generally. 3166. District plans—contents. 3167. Reports to Congress. 3168. Planning process. 3169. Federal Judicial Center. 3170. Speedy trial data. 3171. Planning appropriations. 3172. Definitions. 3173. Sixth amendment rights. 3174. Judicial emergency and implementation. Statutory Notes and Related Subsidiaries AMENDMENTS 1979—Pub. L. 96–43, § 11, Aug. 2, 1979, 93 Stat. 332, sub- stituted ‘‘Persons detained or designated as being of high risk’’ for ‘‘Interim limits’’ in item 3164 and in- serted ‘‘and implementation’’ in item 3174. 1975—Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2076, added chapter 208 and items 3161 to 3174. § 3161. Time limits and exclusions (a) In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after con- sultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial. (b) Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days. (c)(1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial offi- cer of the court in which such charge is pending, whichever date last occurs. If a defendant con- sents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such con- sent.