CITE
18 USC Sec. 3145 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
HEAD
Sec. 3145. Review and appeal of a release or detention order
STATUTE
(a) Review of a Release Order. - If a person is ordered released
by a magistrate judge, or by a person other than a judge of a court
having original jurisdiction over the offense and other than a
Federal appellate court -
(1) the attorney for the Government may file, with the court
having original jurisdiction over the offense, a motion for
revocation of the order or amendment of the conditions of
release; and
(2) the person may file, with the court having original
jurisdiction over the offense, a motion for amendment of the
conditions of release.
The motion shall be determined promptly.
(b) Review of a Detention Order. - If a person is ordered
detained by a magistrate judge, or by a person other than a judge
of a court having original jurisdiction over the offense and other
than a Federal appellate court, the person may file, with the court
having original jurisdiction over the offense, a motion for
revocation or amendment of the order. The motion shall be
determined promptly.
(c) Appeal From a Release or Detention Order. - An appeal from a
release or detention order, or from a decision denying revocation
or amendment of such an order, is governed by the provisions of
section 1291 of title 28 and section 3731 of this title. The appeal
shall be determined promptly. A person subject to detention
pursuant to section 3143(a)(2) or (b)(2), and who meets the
conditions of release set forth in section 3143(a)(1) or (b)(1),
may be ordered released, under appropriate conditions, by the
judicial officer, if it is clearly shown that there are exceptional
reasons why such person's detention would not be appropriate.
SOURCE
(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
Stat. 1982; amended Pub. L. 101-647, title IX, Sec. 902(c), Nov.
29, 1990, 104 Stat. 4827; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117.)
PRIOR PROVISIONS
A prior section 3145, act June 25, 1948, ch. 645, 62 Stat. 821,
provided cross references to the Federal Rules of Criminal
Procedure for rules covering parties and witnesses, prior to repeal
in the revision of this chapter by section 203(a) of Pub. L. 98-
473.
AMENDMENTS
1990 - Subsec. (c). Pub. L. 101-647 inserted at end "A person
subject to detention pursuant to section 3143(a)(2) or (b)(2), and
who meets the conditions of release set forth in section 3143(a)(1)
or (b)(1), may be ordered released, under appropriate conditions,
by the judicial officer, if it is clearly shown that there are
exceptional reasons why such person's detention would not be
appropriate."
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" in subsecs.
(a) and (b) pursuant to section 321 of Pub. L. 101-650, set out as
a note under section 631 of Title 28, Judiciary and Judicial
Procedure.