18 U.S.C. § 3142
Release or detention of a defendant pending trial
United States · Title 18 — CRIMES AND CRIMINAL PROCEDURE · Status: effective
Cite this
- Citation
- 18 U.S.C. § 3142, Release or detention of a defendant pending trial, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/449767
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Full text
Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be—
If the judicial officer determines that the release described in subsection (b) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, such judicial officer shall order the pretrial release of the person—
subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person—
If the judicial officer determines that—
such person—
is, and was at the time the offense was committed, on—
In a case described in subsection (f)(1) of this section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that—
Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed—
The judicial officer shall hold a hearing to determine whether any condition or combination of conditions set forth in subsection (c) of this section will reasonably assure the appearance of such person as required and the safety of any other person and the community—
upon motion of the attorney for the Government, in a case that involves—
upon motion of the attorney for the Government or upon the judicial officer’s own motion in a case, that involves—
The judicial officer shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning—
the history and characteristics of the person, including—
In a release order issued under subsection (b) or (c) of this section, the judicial officer shall—
advise the person of—
In a detention order issued under subsection (e) of this section, the judicial officer shall—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- A joint resolution making continuing appropriations for the fiscal year 1985, and for other purposes.House: no recorded tallySenate: no recorded tally
- Criminal Law and Procedure Technical Amendments Act of 1986House: no recorded tallySenate: no recorded tally
- Anti-Drug Abuse Act of 1988House: no recorded tallySenate: no recorded tally
- Crime Control Act of 1990House: 313–1Senate: no recorded tally
- Antiterrorism and Effective Death Penalty Act of 1996
- PROTECT Act
- Intelligence Reform and Terrorism Prevention Act of 2004
- Violence Against Women and Department of Justice Reauthorization Act of 2005House: 415–4Senate: no recorded tally
- Adam Walsh Child Protection and Safety Act of 2006House: no recorded tallySenate: no recorded tally
- To complete the codification of title 46, United States Code, "Shipping", as positive law.House: no recorded tallySenate: no recorded tally
- William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008House: no recorded tallySenate: no recorded tally