Page:United States Statutes at Large Volume 80 Part 1.djvu/250

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PUBLIC LAW 89-465-JUNE 22, 1966

[80 STAT.

Public Law 89-465 June 22, 1966 ^^" ^357]

Bail Reform Act of 1966.

68^s a*^*?/?^^'

AN ACT rj^ revise existing bail practices in courts of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Bail Reform Act of 1966". SEC. 2. The purpose of this Act 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. SEC. 3. (a) Chapter 207 of title 18, United States Code, is amended ^^ striking out section 3146 and inserting in lieu thereof the following new sections: "§ 3146. Release in noncapital cases prior to trial " (a) Any person charged with an offense, other than an offense punishable by death, shall, at his appearance before a judicial officer, be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person as required. When such a determination is made, the judicial officer shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: "(1) place the person in the custody of a designated person or organization agreeing to supervise him; "(2) place restrictions on the travel, association, or place of abode of the person during the period of release; "(3) require the execution of an appearance bond in a specified amount and the deposit in the registry of the court, in cash or other security as directed, of a sum not to exceed 10 per centum of the amount of the bond, such deposit to be returned upon the performance of the conditions of release; "(4) require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; or "(5) impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours, "(b) In determining which conditions of release wall reasonably assure appearance, the judicial officer shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings. "(c) A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such person of the penalties applicable to violations of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.

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