18 U.S.C. § 3152 — Establishment of pretrial services

Page 726 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 3150a (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1984.) Editorial Notes PRIOR PROVISIONS A prior section 3150, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 216, related to penalties for failure to appear, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. [§ 3150a. Repealed. Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1976] Section, added Pub. L. 97–258, § 2(d)(3)(B), Sept. 13, 1982, 96 Stat. 1059; amended Pub. L. 98–473, title II, § 1410, Oct. 12, 1984, 98 Stat. 2178, related to refund of forfeited bail. Section 1410 of Pub. L. 98–473 was subse- quently repealed by Pub. L. 99–646, § 49, Nov. 10, 1986, 100 Stat. 3605. § 3151. Refund of forfeited bail Appropriations available to refund money er- roneously received and deposited in the Treas- ury are available to refund any part of forfeited bail deposited into the Treasury and ordered re- mitted under the Federal Rules of Criminal Pro- cedure. (Added Pub. L. 100–690, title VII, § 7084(a), Nov. 18, 1988, 102 Stat. 4408.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title. PRIOR PROVISIONS A prior section 3151, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 216, related to contempt power of courts, prior to repeal by Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1976. § 3152. Establishment of pretrial services (a) On and after the date of the enactment of the Pretrial Services Act of 1982, the Director of the Administrative Office of the United States Courts (hereinafter in this chapter referred to as the ‘‘Director’’) shall, under the supervision and direction of the Judicial Conference of the United States, provide directly, or by contract or otherwise (to such extent and in such amounts as are provided in appropriation Acts), for the establishment of pretrial services in each judicial district (other than the District of Co- lumbia). Pretrial services established under this section shall be supervised by a chief probation officer appointed under section 3654 of this title or by a chief pretrial services officer selected under subsection (c) of this section. (b) Beginning eighteen months after the date of the enactment of the Pretrial Services Act of 1982, if an appropriate United States district court and the circuit judicial council jointly recommend the establishment under this sub- section of pretrial services in a particular dis- trict, pretrial services shall be established under the general authority of the Administrative Of- fice of the United States Courts. (c) The pretrial services established under sub- section (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an indi- vidual other than one serving under authority of section 3602 of this title. (Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2086; amended Pub. L. 97–267, § 2, Sept. 27, 1982, 96 Stat. 1136; Pub. L. 110–406, § 10, Oct. 13, 2008, 122 Stat. 4293.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Pretrial Services Act of 1982, referred to in subsecs. (a) and (b), is the date of en- actment of Pub. L. 97–267, which was approved Sept. 27, 1982. PRIOR PROVISIONS A prior section 3152, as added by Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 216, defined the terms ‘‘judicial officer’’ and ‘‘offense’’, prior to repeal by Pub. L. 93–619, § 201. See section 3156 of this title. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–406 added subsec. (c) and struck out former subsec. (c) which related to super- vision of pretrial services. 1982—Pub. L. 97–267 struck out ‘‘agencies’’ after ‘‘services’’ in section catchline, divided previously un- lettered text provisions into subsecs. (a), (b), and (c), and substituted revised provisions as so redesignated for provisions which required the Director of the Ad- ministrative Office of the United States Courts to es- tablish, on a demonstration basis, in each of ten rep- resentative judicial districts (other than the District of Columbia), a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released under this chapter such districts to be designated by the Chief Justice of the United States after consulta- tion with the Attorney General, on the basis of such considerations as the number of criminal cases pros- ecuted annually in the district, the percentage of de- fendants in the district presently detained prior to trial, the incidence of crime charged against persons released pending trial under this chapter, and the avail- ability of community resources to implement the con- ditions of release which may be imposed under this chapter. Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATIONS Pub. L. 97–267, § 9, Sept. 27, 1982, 96 Stat. 1139, provided that: ‘‘(a) There are authorized to be appropriated, for the fiscal year ending September 30, 1984, and each suc- ceeding fiscal year thereafter, such sums as may be necessary to carry out the functions and powers of pre- trial services established under section 3152(b) of title 18, United States Code. ‘‘(b) There are authorized to be appropriated for the fiscal year ending September 30, 1983, and the fiscal year ending September 30, 1984, such sums as may be necessary to carry out the functions and powers of the pretrial services agencies established under section 3152 of title 18 of the United States Code in effect before the date of enactment of this Act [Sept. 27, 1982].’’ STATUS OF PRETRIAL SERVICES AGENCIES IN EFFECT PRIOR TO SEPTEMBER 27, 1982 Pub. L. 97–267, § 8, Sept. 27, 1982, 96 Stat. 1139, provided that: ‘‘During the period beginning on the date of en- actment of this Act [Sept. 27, 1982] and ending eighteen months after the date of the enactment of this Act, the pretrial services agencies established under section 3152 of title 18 of the United States Code in effect before the Page 727 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3154 date of enactment of this Act may continue to operate, employ staff, provide pretrial services, and perform such functions and powers as are authorized under chapter 207 of title 18 of the United States Code [this chapter].’’ § 3153. Organization and administration of pre- trial services (a)(1) With the approval of the district court, the chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title shall appoint such other personnel as may be required. The posi- tion requirements and rate of compensation of the chief pretrial services officer and such other personnel shall be established by the Director with the approval of the Judicial Conference of the United States, except that no such rate of compensation shall exceed the rate of basic pay in effect and then payable for grade GS–16 of the General Schedule under section 5332 of title 5, United States Code. (2) The chief pretrial services officer in dis- tricts in which pretrial services are established under section 3152(b) of this title is authorized, subject to the general policy established by the Director and the approval of the district court, to procure temporary and intermittent services to the extent authorized by section 3109 of title 5, United States Code. The staff, other than cler- ical staff, may be drawn from law school stu- dents, graduate students, or such other available personnel. (b) The chief probation officer in all districts in which pretrial services are established under section 3152(a) of this title shall designate per- sonnel appointed under chapter 231 of this title to perform pretrial services under this chapter. (c)(1) Except as provided in paragraph (2) of this subsection, information obtained in the course of performing pretrial services functions in relation to a particular accused shall be used only for the purposes of a bail determination and shall otherwise be confidential. Each pre- trial services report shall be made available to the attorney for the accused and the attorney for the Government. (2) The Director shall issue regulations estab- lishing the policy for release of information made confidential by paragraph (1) of this sub- section. Such regulations shall provide excep- tions to the confidentiality requirements under paragraph (1) of this subsection to allow access to such information— (A) by qualified persons for purposes of re- search related to the administration of crimi- nal justice; (B) by persons under contract under section 3154(4) of this title; (C) by probation officers for the purpose of compiling presentence reports; (D) insofar as such information is a pretrial diversion report, to the attorney for the ac- cused and the attorney for the Government; and (E) in certain limited cases, to law enforce- ment agencies for law enforcement purposes. (3) Information made confidential under para- graph (1) of this subsection is not admissible on the issue of guilt in a criminal judicial pro- ceeding unless such proceeding is a prosecution for a crime committed in the course of obtaining pretrial release or a prosecution for failure to appear for the criminal judicial proceeding with respect to which pretrial services were provided. (Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2086; amended Pub. L. 97–287, § 3, Sept. 27, 1982, 96 Stat. 1136.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–267 substantially revised section by substituting provisions relating to the organization and administration of pretrial services for provisions relating to organization and administration of pretrial services agencies which vested the powers of five such agencies in the Division of Probation of the Adminis- trative Office of the United States Courts and the pow- ers of the remaining five agencies in Boards of Trust- ees, set forth requirements for membership and terms of office with respect to such Boards, and provided for appointment of Federal probation officers in agencies governed by the Division of Probation, and chief pre- trial service officers in agencies governed by Boards of Trustees, which designated officers would be respon- sible for the direction and supervision of their respec- tive agencies. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 3154. Functions and powers relating to pretrial services Pretrial services functions shall include the following: (1) Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, in- cluding information relating to any danger that the release of such person may pose to any other person or the community, and, where appropriate, include a recommendation as to whether such individual should be re- leased or detained and, if release is rec- ommended, recommend appropriate conditions of release; except that a district court may di- rect that information not be collected, verified, or reported under this paragraph on individuals charged with Class A mis- demeanors as defined in section 3559(a)(6) of this title. (2) Review and modify the reports and rec- ommendations specified in paragraph (1) of this section for persons seeking release pursu- ant to section 3145 of this chapter. (3) Supervise persons released into its cus- tody under this chapter. (4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter includ- ing residential halfway houses, addict and al- coholic treatment centers, and counseling services, and contract with any appropriate