18 U.S.C. § 3148 — Sanctions for violation of a release condi-

Page 725 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3150 EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 3148. Sanctions for violation of a release condi- tion (a) AVAILABLE SANCTIONS.—A person who has been released under section 3142 of this title, and who has violated a condition of his release, is subject to a revocation of release, an order of de- tention, and a prosecution for contempt of court. (b) REVOCATION OF RELEASE.—The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a mo- tion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person’s ar- rest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, or local crime during the period of re- lease, shall be brought before the judicial officer who ordered the release and whose order is al- leged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— (1) finds that there is— (A) probable cause to believe that the per- son has committed a Federal, State, or local crime while on release; or (B) clear and convincing evidence that the person has violated any other condition of release; and (2) finds that— (A) based on the factors set forth in sec- tion 3142(g) of this title, there is no condi- tion or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or (B) the person is unlikely to abide by any condition or combination of conditions of re- lease. If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of con- ditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the commu- nity, and that the person will abide by such con- ditions, the judicial officer shall treat the per- son in accordance with the provisions of section 3142 of this title and may amend the conditions of release accordingly. (c) PROSECUTION FOR CONTEMPT.—The judicial officer may commence a prosecution for con- tempt, under section 401 of this title, if the per- son has violated a condition of release. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1983; amended Pub. L. 99–646, § 55(a), (h), Nov. 10, 1986, 100 Stat. 3607, 3610.) Editorial Notes PRIOR PROVISIONS A prior section 3148, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 215; amended Pub. L. 91–452, title X, § 1002, Oct. 12, 1970, 84 Stat. 952, related to release in capital cases or after conviction, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–646, § 55(a), (h)(1), sub- stituted ‘‘under section 3142 of this title’’ for ‘‘pursuant to the provisions of section 3142’’. Subsec. (b). Pub. L. 99–646, § 55(h)(2), in introductory provision, substituted ‘‘such person’s arrest’’ for ‘‘his arrest’’, ‘‘condition of release that such person not commit’’ for ‘‘condition of his release that he not com- mit’’, and ‘‘period of release,’’ for ‘‘period of release’’, in par. (1)(B) substituted ‘‘condition of release’’ for ‘‘condition of his release’’, in par. (2)(A) inserted ‘‘of this title’’ after ‘‘section 3142(g)’’, and in concluding provision, substituted ‘‘the judicial officer shall’’ for ‘‘he shall’’ and inserted ‘‘of this title’’ after ‘‘section 3142’’. Subsec. (c). Pub. L. 99–646, § 55(a), (h)(3), substituted ‘‘judicial officer’’ for ‘‘judge’’, ‘‘under section 401 of this title’’ for ‘‘pursuant to the provisions of section 401’’, and ‘‘condition of release’’ for ‘‘condition of his re- lease’’. 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. § 3149. Surrender of an offender by a surety A person charged with an offense, who is re- leased upon the execution of an appearance bond with a surety, may be arrested by the surety, and if so arrested, shall be delivered promptly to a United States marshal and brought before a judicial officer. The judicial officer shall deter- mine in accordance with the provisions of sec- tion 3148(b) whether to revoke the release of the person, and may absolve the surety of responsi- bility to pay all or part of the bond in accord- ance with the provisions of Rule 46 of the Fed- eral Rules of Criminal Procedure. The person so committed shall be held in official detention until released pursuant to this chapter or an- other provision of law. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1984.) Editorial Notes PRIOR PROVISIONS A prior section 3149, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 216, related to release of material wit- nesses, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. § 3150. Applicability to a case removed from a State court The provisions of this chapter apply to a criminal case removed to a Federal court from a State court.