18 U.S.C. § 3165 — District plans—generally

Page 735 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3166 Subsec. (b). Pub. L. 96–43, § 7(3), struck out provisions making trial priority provisions of this subsection ap- plicable during an interim period only and requiring the trial of any person detained or designated by the government as being of high risk on or before the first day of such interim period to commence no later than ninety days following the first day of the period and in- serted provision excluding the periods of delay specified in section 3161(h) of this title in computing the time limitation of this section. § 3165. District plans—generally (a) Each district court shall conduct a con- tinuing study of the administration of criminal justice in the district court and before United States magistrate judges of the district and shall prepare plans for the disposition of crimi- nal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommenda- tions of, the Federal Judicial Center and the planning group established for that district pur- suant to section 3168. The plans shall be pre- pared in accordance with the schedule set forth in subsection (e) of this section. (b) The planning and implementation process shall seek to accelerate the disposition of crimi- nal cases in the district consistent with the time standards of this chapter and the objec- tives of effective law enforcement, fairness to accused persons, efficient judicial administra- tion, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforce- ment of the law, prejudice to the prompt dis- position of civil litigation, and undue pressure as well as undue delay in the trial of criminal cases. (c) The plans prepared by each district court shall be submitted for approval to a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district court whose plan is being re- viewed or such other active judge of that court as the chief judge of that district court may des- ignate. If approved by the reviewing panel, the plan shall be forwarded to the Administrative Office of the United States Courts, which office shall report annually on the operation of such plans to the Judicial Conference of the United States. (d) The district court may modify the plan at any time with the approval of the reviewing panel. It shall modify the plan when directed to do so by the reviewing panel or the Judicial Conference of the United States. Modifications shall be reported to the Administrative Office of the United States Courts. (e)(1) Prior to the expiration of the twelve-cal- endar-month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the second and third twelve- calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c). (2) Prior to the expiration of the thirty-six calendar month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with sub- sections (a) through (d) above to govern the trial or other disposition of offenses within the juris- diction of such court during the fourth and fifth twelve-calendar-month periods following the ef- fective date of subsection 3161(b) and subsection 3161(c). (3) Not later than June 30, 1980, each United States district court with respect to which im- plementation has not been ordered under section 3174(c) shall prepare and submit a plan in ac- cordance with subsections (a) through (d) to govern the trial or other disposition of offenses within the jurisdiction of such court during the sixth and subsequent twelve-calendar-month pe- riods following the effective date of subsection 3161(b) and subsection 3161(c) in effect prior to the date of enactment of this paragraph. (f) Plans adopted pursuant to this section shall, upon adoption, and recommendations of the district planning group shall, upon comple- tion, become public documents. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2081; amended Pub. L. 96–43, § 8, Aug. 2, 1979, 93 Stat. 329; Pub. L. 101–647, title XXXV, § 3577, Nov. 29, 1990, 104 Stat. 4929; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT For the effective date of subsection 3161(b) and sub- section 3161(c) in effect prior to the date of enactment of this paragraph, referred to in subsec. (e), see section 3163(a) and (b) of this title. The date of enactment of par. (3) of subsec. (e) of this section is the date of enact- ment of Pub. L. 96–43, which was approved Aug. 2, 1979. Subsecs. (a) and (b) of section 3163 of this title were not amended by Pub. L. 96–43. AMENDMENTS 1990—Subsec. (e)(2). Pub. L. 101–647 substituted ‘‘twelve-calendar-month’’ for ‘‘twelve-calendar month’’. 1979—Subsec. (e)(2). Pub. L. 96–43, § 8(1), substituted ‘‘fifth twelve-calendar’’ for ‘‘subsequent twelve-cal- endar’’. Subsec. (e)(3). Pub. L. 96–43, § 8(2), added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. § 3166. District plans—contents (a) Each plan shall include a description of the time limits, procedural techniques, innovations, systems and other methods, including the devel- opment of reliable methods for gathering and monitoring information and statistics, by which the district court, the United States attorney, the Federal public defender, if any, and private attorneys experienced in the defense of criminal cases, have expedited or intend to expedite the trial or other disposition of criminal cases, con- sistent with the time limits and other objectives of this chapter. (b) Each plan shall include information con- cerning the implementation of the time limits and other objectives of this chapter, including: