18 U.S.C. § 3152

Establishment of pretrial services

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

(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 Columbia). 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 subsection of pretrial services in a particular district, pretrial services shall be established under the general authority of the Administrative Office of the United States Courts.(c) The pretrial services established under subsection (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 individual 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 NotesReferences in Text

The date of enactment of the Pretrial Services Act of 1982, referred to in subsecs. (a) and (b), is the date of enactment 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 supervision of pretrial services.

1982—Pub. L. 97–267 struck out “agencies” after “services” in section catchline, divided previously unlettered text provisions into subsecs. (a), (b), and (c), and substituted revised provisions as so redesignated for provisions which required the Director of the Administrative Office of the United States Courts to establish, on a demonstration basis, in each of ten representative 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 consultation with the Attorney General, on the basis of such considerations as the number of criminal cases prosecuted annually in the district, the percentage of defendants in the district presently detained prior to trial, the incidence of crime charged against persons released pending trial under this chapter, and the availability of community resources to implement the conditions of release which may be imposed under this chapter.

Statutory Notes and Related SubsidiariesAuthorization 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 succeeding fiscal year thereafter, such sums as may be necessary to carry out the functions and powers of pretrial 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 enactment 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 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].”

Notes of Decisions

Cited in 30 cases, 1967–2020 · leading case: United States v. Michael Chaparro, 956 F.3d 462 (7th Cir. 2020).

Sort: Relevance Newest Treatment

United States v. Michael Chaparro, 956 F.3d 462 (7th Cir. 2020). · cites it 2× “1136 (1982) (codified as amended at 18 U.S.C. §§ 3152–3155). Section 3153(c)(1) establishes a baseline rule that pretrial services information should remain confi- dential: “Except as provided in paragraph (2) of this subsec- tion, information obtained in the course of…”

Browne v. People, 50 V.I. 241 (2008). · cites it 2× “(quoting 18 U.S.C. § 3152 (1) (Supp. IV, 1969)). Consequently, the Court of Appeals ruled that “[t]he District Court of the Virgin Islands comes within this definition because the Federal Rules of Criminal Procedure, including Rule 46 relating to bail, apply to all criminal…”

United States v. William Pena, 227 F.3d 23 (2d Cir. 2000). · cites it 2× “See 18 U.S.C. § 3152 (a) (1994). 2 Pretrial services materials are treated as confidential pursuant to 18 U.”

Gov't of the Virgin Islands v. Salvador Santiago Ortiz, Jr., 427 F.2d 1043 (3rd Cir. 1970). · cites it 3× “” 18 U.S.C. § 3152 (1) (Supp. IV, 1969). The District Court of the Virgin Islands comes within this definition because the Federal Rules of Criminal Procedure, including Rule 46 relating to bail, “apply to all criminal proceedings in .”

Courtney v. Williams, 1 M.J. 267 (1976). “Bail Reform Act of 1966, 18 U.S.C. § 3152 (2); Levy v. Resor, supra.”

Joseph Harold Johnson v. William French Smith, U.S. Attorney Gen., 696 F.2d 1334 (11th Cir. 1983). “§ 3146 as a condition of bail or bond, including the “Pretrial Services” Program ( 18 U.S.C. § 3152 thru 3154), is not creditable as jail time since the degree of restraint provided by residence in a community center is not sufficient restraint to constitute custody within the…”

United States v. Arnold F. Hohn, 8 F.3d 1301 (8th Cir. 1993). “See 18 U.S.C. § 3152 (1988). 8 . 18 U.S.C. § 3161 (h)(8)(A) states in pertinent part: Any period of delay resulting from a continuance granted by any judge .”

United States v. Gary Stewart, 104 F.3d 1377 (D.C. Cir. 1997). “The House Report noted with apparent approval the concurrence of its subcommittee in the recommendation of the Justice Department supporting the applicability of the Bail Reform Act to all cases prosecuted in the D.”

United States v. John Jacob Wells, 766 F.2d 12 (1st Cir. 1985). “The Clark court was analyzing the language of 18 U.S.C. § 3152 , which defined "judicial officer” for the purposes of the Bail Reform Act.”

United States v. John Henry Bright, Jr., 541 F.2d 471 (5th Cir. 1976). “216 (formerly codified as 18 U.S.C. § 3152 (1)). Congress enacted a new and unrelated § 3152 in 1975, reenacting the “judicial officer” definition as part of § 3156.”

United States v. Brian Dennard & Yolanda Verduzco, 722 F.2d 1510 (11th Cir. 1984). “Thereupon the clerk shall seal the indictment and no person shall disclose the return of the indictment except when necessary for the issuance and execution of a warrant or summons.”

United States v. Marcus James Harris, 544 F.2d 947 (8th Cir. 1976). “Under that Act, 18 U.S.C. § 3152 (1) defined “judicial officer:” The term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to bail or otherwise release a…”

Show all 30 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.