Page:United States Statutes at Large Volume 84 Part 1.djvu/702

 644

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

imposition of such additional or different conditions results in the detention of the person as a result of his inability to meet such conditions or in the release of the person on a condition requiring him to return to custody after specified hours, the provisions of subsection (d) shall apply. "(f) Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the rules pertaining to the admissibility of evidence in a court of law. " (g) Nothing contained in this section shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. " (h) The following shall be applicable to any person detained pursuant to this subchapter: "(1) The person shall be confined, to the extent practicable, in facilities separate from convicted persons awaiting or serving sentences or being held in custody pending appeal. " (2) The person shall be afforded reasonable opportunity for private consultation with counsel and, for good cause showm, shall be released upon order of the judicial officer in the custody of the United States marshal or other appropriate person for limited periods of time to prepare defenses or for other proper reasons. "§23-1322. Detention prior to trial " (a) Subject to the provisions of this section, a judicial officer may order pretrial detention of— "(1) a person charged with a dangerous crime, as defined in section 23-1331(3), if the Government certifies by motion that based on such person's pattern of behavior consisting of his past and present conduct, and on the other factors set out in section 23-1321 (b), there is no condition or combination of conditions which will reasonably assure the safety of the community; "(2) a person charged with a crime of violence, as denned in section 23-1331(4), if (i) the person has been convicted of a crime of violence within the ten-year period immediately preceding the alleged crime of violence for which he is presently charged; or (ii) the crime of violence was allegedly committed while the person was, with respect to another crime of violence, on bail or other release or on probation, parole, or mandatory release pending completion of a sentence; or "(3) a person charged with any offense if such person, for the purpose of obstructing or attempting to obstruct justice, threatens, injures, intimidates, or attempts to threaten, injure, or intimidate any prospective witness or juror. " (b) No person described in subsection (a) of this section shall be ordered detained unless the judicial officer— "(1) holds a pretrial detention hearing in accordance with the provisions of subsection(c) of this section; "(2) finds— " (A) that there is clear and convincing evidence that the person is a person described in paragraph (1), (2), or (3) of subsection (a) of this section; " (B) that— " (i) in the case of a person described only in para' graph (1) of subsection (a), based on such person's pattern of behavior consisting of his past and present conduct, and on the other factors set out in section 23-1321 (b),or

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