18 U.S.C. § 3174 — Judicial emergency and implementation

Page 738 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3170 § 3170. Speedy trial data (a) To facilitate the planning process, the im- plementation of the time limits, and continuous and permanent compliance with the objectives of this chapter, the clerk of each district court shall assemble the information and compile the statistics described in sections 3166(b) and 3166(c) of this title. The clerk of each district court shall assemble such information and com- pile such statistics on such forms and under such regulations as the Administrative Office of the United States Courts shall prescribe with the approval of the Judicial Conference and after consultation with the Attorney General. (b) The clerk of each district court is author- ized to obtain the information required by sec- tions 3166(b) and 3166(c) from all relevant sources including the United States Attorney, Federal Public Defender, private defense counsel appearing in criminal cases in the district, United States district court judges, and the chief Federal Probation Officer for the district. This subsection shall not be construed to require the release of any confidential or privileged in- formation. (c) The information and statistics compiled by the clerk pursuant to this section shall be made available to the district court, the planning group, the circuit council, and the Administra- tive Office of the United States Courts. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2084; amended Pub. L. 96–43, § 9(f), Aug. 2, 1979, 93 Stat. 331; Pub. L. 101–647, title XXXV, § 3579, Nov. 29, 1990, 104 Stat. 4929.) Editorial Notes AMENDMENTS 1990—Subsecs. (a), (b). Pub. L. 101–647 substituted ‘‘sections 3166(b) and 3166(c)’’ for ‘‘sections 3166(b) and (c)’’. 1979—Subsec. (a). Pub. L. 96–43 inserted ‘‘continuous and permanent compliance with the’’ and substituted ‘‘described in’’ for ‘‘required by’’. § 3171. Planning appropriations (a) There is authorized to be appropriated for the fiscal year ending June 30, 1975, to the Fed- eral judiciary the sum of $2,500,000 to be allo- cated by the Administrative Office of the United States Courts to Federal judicial districts to carry out the initial phases of planning and im- plementation of speedy trial plans under this chapter. The funds so appropriated shall remain available until expended. (b) No funds appropriated under this section may be expended in any district except by two- thirds vote of the planning group. Funds to the extent available may be expended for personnel, facilities, and any other purpose permitted by law. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2084.) § 3172. Definitions As used in this chapter— (1) the terms ‘‘judge’’ or ‘‘judicial officer’’ mean, unless otherwise indicated, any United States magistrate judge, Federal district judge, 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 I, § 101, Jan. 3, 1975, 88 Stat. 2085; amended Pub. L. 98–473, title II, § 223(i), Oct. 12, 1984, 98 Stat. 2029; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1984—Par. (2). Pub. L. 98–473 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 CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in par. (1) pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 of Title 28, Judiciary and Judicial Procedure. 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. § 3173. Sixth amendment rights No provision of this chapter shall be inter- preted as a bar to any claim of denial of speedy trial as required by amendment VI of the Con- stitution. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2085.) § 3174. Judicial emergency and implementation (a) In the event that any district court is un- able to comply with the time limits set forth in section 3161(c) due to the status of its court cal- endars, the chief judge, where the existing re- sources are being efficiently utilized, may, after seeking the recommendations of the planning group, apply to the judicial council of the cir- cuit for a suspension of such time limits as pro- vided in subsection (b). The judicial council of the circuit shall evaluate the capabilities of the district, the availability of visiting judges from within and without the circuit, and make any recommendations it deems appropriate to allevi- ate calendar congestion resulting from the lack of resources. (b) If the judicial council of the circuit finds that no remedy for such congestion is reason- ably available, such council may, upon applica- tion by the chief judge of a district, grant a sus- pension of the time limits in section 3161(c) in such district for a period of time not to exceed one year for the trial of cases for which indict- ments or informations are filed during such one- year period. During such period of suspension, the time limits from arrest to indictment, set forth in section 3161(b), shall not be reduced, nor shall the sanctions set forth in section 3162 be Page 739 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3181 suspended; but such time limits from indictment to trial shall not be increased to exceed one hun- dred and eighty days. The time limits for the trial of cases of detained persons who are being detained solely because they are awaiting trial shall not be affected by the provisions of this section. (c)(1) If, prior to July 1, 1980, the chief judge of any district concludes, with the concurrence of the planning group convened in the district, that the district is prepared to implement the provisions of section 3162 in their entirety, he may apply to the judicial council of the circuit in which the district is located to implement such provisions. Such application shall show the degree of compliance in the district with the time limits set forth in subsections (b) and (c) of section 3161 during the twelve-calendar-month period preceding the date of such application and shall contain a proposed order and schedule for such implementation, which includes the date on which the provisions of section 3162 are to become effective in the district, the effect such implementation will have upon such dis- trict’s practices and procedures, and provision for adequate notice to all interested parties. (2) After review of any such application, the judicial council of the circuit shall enter an order implementing the provisions of section 3162 in their entirety in the district making ap- plication, or shall return such application to the chief judge of such district, together with an ex- planation setting forth such council’s reasons for refusing to enter such order. (d)(1) The approval of any application made pursuant to subsection (a) or (c) by a judicial council of a circuit shall be reported within ten days to the Director of the Administrative Of- fice of the United States Courts, together with a copy of the application, a written report setting forth in sufficient detail the reasons for grant- ing such application, and, in the case of an ap- plication made pursuant to subsection (a), a pro- posal for alleviating congestion in the district. (2) The Director of the Administrative Office of the United States Courts shall not later than ten days after receipt transmit such report to the Congress and to the Judicial Conference of the United States. The judicial council of the circuit shall not grant a suspension to any dis- trict within six months following the expiration of a prior suspension without the consent of the Congress by Act of Congress. The limitation on granting a suspension made by this paragraph shall not apply with respect to any judicial dis- trict in which the prior suspension is in effect on the date of the enactment of the Speedy Trial Act Amendments Act of 1979. (e) If the chief judge of the district court con- cludes that the need for suspension of time lim- its in such district under this section is of great urgency, he may order the limits suspended for a period not to exceed thirty days. Within ten days of entry of such order, the chief judge shall apply to the judicial council of the circuit for a suspension pursuant to subsection (a). (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2085; amended Pub. L. 96–43, § 10, Aug. 2, 1979, 93 Stat. 331.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Speedy Trial Act Amendments Act of 1979, referred to in subsec. (d)(2), means the date of enactment of Pub. L. 96–43, which was approved Aug. 2, 1979. AMENDMENTS 1979—Pub. L. 96–43, § 10(6), inserted ‘‘and implementa- tion’’ in section catchline. Subsec. (a). Pub. L. 96–43, § 10(1), inserted ‘‘as provided by subsection (b)’’. Subsec. (b). Pub. L. 96–43, § 10(2), (3), substituted pro- visions authorizing the circuit judicial council, upon application of the chief judge of a district, to grant a suspension of the time limits prescribed by section 3161(c) of this title for provisions requiring such circuit council to apply to the Judicial Council of the United States for a suspension of such time limits and sub- stituted provision placing a one hundred and eighty day limit on any time increase from indictment to trial for provision placing such limit for any increase from arraignment to trial. Subsec. (c). Pub. L. 96–43, § 10(4), substituted provi- sions authorizing the chief judge of any district, with the approval of the planning group convened in such district, to apply to the circuit council to implement the provisions of section 3162 of this title at any time prior to the date the sanctions prescribed therein were to become effective, so long as there was concurrence that the district was prepared to fully implement the provisions of such section for provisions specifying the reporting requirements of this chapter, assuring in- volvement of the Congress in the suspension process, and guaranteeing that there be an interval of at least six months between consecutive suspension periods. See subsec. (d) of this section. Subsecs. (d), (e). Pub. L. 96–43, § 10(5), added subsecs. (d) and (e). CHAPTER 209—EXTRADITION Sec. 3181. Scope and limitation of chapter. 3182. Fugitives from State or Territory to State, District, or Territory. 3183. Fugitives from State, Territory, or Posses- sion into extraterritorial jurisdiction of United States. 3184. Fugitives from foreign country to United States. 3185. Fugitives from country under control of United States into the United States. 3186. Secretary of State to surrender fugitive. 3187. Provisional arrest and detention within extraterritorial jurisdiction. 3188. Time of commitment pending extradition. 3189. Place and character of hearing. 3190. Evidence on hearing. 3191. Witnesses for indigent fugitives. 3192. Protection of accused. 3193. Receiving agent’s authority over offenders. 3194. Transportation of fugitive by receiving agent. 3195. Payment of fees and costs. 3196. Extradition of United States citizens. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 601(f)(9), (10), Oct. 11, 1996, 110 Stat. 3500, inserted comma after ‘‘District’’ in item 3182 and after ‘‘Territory’’ in item 3183. 1990—Pub. L. 101–623, § 11(b), Nov. 21, 1990, 104 Stat. 3356, added item 3196. § 3181. Scope and limitation of chapter (a) The provisions of this chapter relating to the surrender of persons who have committed