18 U.S.C. § 3141

Release and detention authority generally

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(a)Pending Trial.—A judicial officer authorized to order the arrest of a person under section 3041 of this title before whom an arrested person is brought shall order that such person be released or detained, pending judicial proceedings, under this chapter.(b)Pending Sentence or Appeal.—A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under this chapter.(Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1976; amended Pub. L. 99–646, § 55(a), (b), Nov. 10, 1986, 100 Stat. 3607.)Editorial NotesPrior Provisions

A prior section 3141, acts June 25, 1948, ch. 645, 62 Stat. 821; June 22, 1966, Pub. L. 89–465, § 5(b), 80 Stat. 217, related to powers of courts and magistrates with respect to release on bail or otherwise, 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), (b), substituted “authorized to order the arrest of a person under section 3041 of this title before whom an arrested person is brought shall order that such person be released” for “who is authorized to order the arrest of a person pursuant to section 3041 of this title shall order that an arrested person who is brought before him be released” and “under this chapter” for “pursuant to the provisions of this chapter”.

Subsec. (b). Pub. L. 99–646, § 55(a), substituted “under this chapter” for “pursuant to the provisions of this chapter”.

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Pub. L. 99–646, § 55(j), Nov. 10, 1986, 100 Stat. 3611, provided that: “The amendments made by this section [amending this section and sections 3142 to 3144, 3146 to 3148, and 3156 of this title] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].”

Short Title of 2004 Amendment

Pub. L. 108–458, title VI, § 6951, Dec. 17, 2004, 118 Stat. 3775, provided that: “This subtitle [subtitle K (§§ 6951, 6952) of title VI of Pub. L. 108–458, amending section 3142 of this title] may be cited as the ‘Pretrial Detention of Terrorists Act of 2004’.”

Short Title of 1990 Amendment

Pub. L. 101–647, title IX, § 901, Nov. 29, 1990, 104 Stat. 4826, provided that: “This title [amending sections 3143 and 3145 of this title] may be cited as the ‘Mandatory Detention for Offenders Convicted of Serious Crimes Act’.”

Short Title of 1984 Amendment

Pub. L. 98–473, title II, § 202, Oct. 12, 1984, 98 Stat. 1976, provided that: “This chapter [chapter I (§§ 202–210) of title II of Pub. L. 98–473, enacting sections 3062 and 3141 to 3150 of this title, amending sections 3041, 3042, 3154, 3156, 3731, 3772, and 4282 of this title and section 636 of Title 28, Judiciary and Judicial Procedure, repealing sections 3043 and 3141 to 3151 of this title, and amending rules 5, 15, 40, 46, and 54 of the Federal Rules of Criminal Procedure, set out in the Appendix to this title, and rule 9 of the Federal Rules of Appellate Procedure, set out in the Appendix to Title 28] may be cited as the ‘Bail Reform Act of 1984’.”

Short Title of 1982 Amendment

Pub. L. 97–267, § 1, Sept. 27, 1982, 96 Stat. 1136, provided: “That this Act [amending sections 3152 to 3155 of this title and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 3141 and 3152 of this title] may be cited as the ‘Pretrial Services Act of 1982’.”

Short Title

Pub. L. 89–465, § 1, June 22, 1966, 80 Stat. 214, provided: “That this Act [enacting sections 3146 to 3152 of this title, amending sections 3041, 3141 to 3143, and 3568 of this title, and enacting provisions set out as a note below] may be cited as the ‘Bail Reform Act of 1966’.”

Purpose of Bail Reform Act of 1966

Pub. L. 89–465, § 2, June 22, 1966, 80 Stat. 214, provided that: “The purpose of this Act [enacting sections 3146 to 3152 of this title, amending sections 3041, 3141 to 3143, and 3568 of this title and enacting provisions set out as a note above] is to revise the practices relating to bail to assure that all persons, regardless of their financial status, shall not needlessly be detained pending their appearance to answer charges, to testify, or pending appeal, when detention serves neither the ends of justice nor the public interest.”

Notes of Decisions

Cited in 457 cases (53 in the last 5 years), 1951–2026 · leading case: United States v. Salerno, 481 U.S. 739 (1987).

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United States v. Salerno, 481 U.S. 739 (1987). · cites it 4× “3 (1983), Congress formulated the Bail Reform Act of 1984, 18 U. S. C. § 3141 et seq. (1982 ed., Supp.”

State v. Fernando a., 981 A.2d 427 (Conn. 2009). · cites it 6× “1976 (1984), codified as amended at 18 U.S.C. § 3141 et seq., authorizing the preventive detention of a person charged with a federal offense on the ground that he poses a danger to any other person or the community.”

Jennings v. Rodriguez, 138 S. Ct. 830 (2018). “Bail Reform Act of 1984, 18 U. S. C. §3141 et seq.; Bail Reform Act of 1966, 18 U.”

United States v. Loud Hawk, 474 U.S. 302 (1986). · cites it 2× “[6] There can be no question that one who had been arrested and released under 18 U. S. C. § 3141 (a) (1982 ed., Supp. III) would be entitled, under Marion , to the protections of the Speedy Trial Clause.”

Reno v. Koray, 515 U.S. 50 (1995). · cites it 2× “Because the Bail Reform Act of 1984, 18 U. S. C. § 3141 et seq., is the body of law that authorizes federal courts to place presentence restraints on a defendant's liberty, see § 3142(a) (authorizing courts to impose restraints on the defendant "pending trial"); § 3143(a)…”

In re Humphrey, 228 Cal. Rptr. 3d 513 (Cal. Ct. App. 5th 2018). · cites it 2× “§ 3141(a) ) and that the judicial officer "shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court," subject to specified conditions, "unless the judicial officer determines…”

Brittan Holland v. Kelly Rosen, 895 F.3d 272 (3rd Cir. 2018). “Salerno , the Supreme Court addressed a constitutional challenge to the Bail Reform Act of 1984, 18 U.S.C. §§ 3141 - 3150, contending that it violates the Excessive Bail Clause because it allows a court to set bail and order detention for reasons not related to risk of flight.”

Troy Reese v. Warden Philadelphia FDC, 904 F.3d 244 (3rd Cir. 2018). “The Bail Reform Act of 1984, 18 U.S.C. §§ 3141 - 3150, provides a comprehensive scheme governing pretrial-release decisions.”

United States v. Jesus Perez Garcia, 96 F.4th 1166 (9th Cir. 2024). · cites it 2× “See 18 U.S.C. §§ 3141–3156. Congress passed that law to respond to “the alarming problem of crimes committed by persons on release.”

Kaley v. United States, 134 S. Ct. 1090 (2014). “6 The grand jury's unreviewed finding similarly may play a significant role in determining a defendant's eligibility for release before trial under the Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq. That statute creates a rebuttable presumption that a defendant is ineligible…”

State v. Habeeb Robinson(078900) (Essex Cnty. & Statewide), 160 A.3d 1 (N.J. 2017). “Compare 18 U.S.C.A. §§ 3141 to 3156, with N.J.S.A.”

Smith v. United States, 360 U.S. 1 (1959). · cites it 2× “§ 3235 , whether the accused has the benefit of twenty rather than ten peremptory challenges, Federal Rules of Criminal Procedure, Rule 24 (b), whether indictment rather than information is necessary, Federal Rules of Criminal Procedure, Rule 7, and who may bail the accused.”

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— 18 U.S.C. § 3141(a) — 2 cases

In re Humphrey, 228 Cal. Rptr. 3d 513 (Cal. Ct. App. 5th 2018). “§ 3141(a) ) and that the judicial officer "shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court," subject to specified conditions, "unless the judicial officer determines…”

In re Humphrey (Cal. Ct. App. 2018).

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