Page:United States Statutes at Large Volume 84 Part 1.djvu/703

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

"(ii) in the case of a person described in paragraph (2) or (3) of such subsection, based on the factors set out in section 23-1321 (b), there is no condition or combination of conditions of release which will reasonably assure the safety of any other person or the community; and " (C) that, except with respect to a person described in paragraph (3) of subsection (a) of this section, on the basis of information presented by proffer or otherwise to the judicial officer there is a substantial probability that the person committed the offense for which he is present before the judicial officer; and "(3) issues an order of detention accompanied by written findings of fact and the reasons for its entry. "(c) The following procedures shall apply to pretrial detention hearings held pursuant to this section: "(1) Whenever the person is before a judicial officer, the hearing may be initiated on oral motion of the United States attorney. "(2) Whenever the person has been released pursuant to section 23-1321 and it subsequently appears that such person may be subject to pretrial detention, the United States attorney may initiate a pretrial detention hearing by ex parte written motion. Upon such motion the judicial officer may issue a warrant for the arrest of the person and if such person is outside the District of Columbia, he shall be brought before a judicial officer in the district where he is arrested and shall then be transferred to the District of Columbia for proceedings in accordance with this section. "(3) The pretrial detention hearing shall be held immediately upon the person being brought before the judicial officer for such hearing unless the person or the United States attorney moves for a continuance. A continuance granted on motion of the person shall not exceed five calendar days, unless there are extenuating circumstances. A continuance on motion of the United States attorney shall be granted upon good cause shown and shall not exceed three calendar days. The person may be detained pending the hearing. " (4) The person shall be entitled to representation by counsel and shall be entitled to present information by proffer or otherwise, to testify, and to present witnesses in his own behalf. "(5) 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. "(6) Testimony of the person given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, but such testimony shall be admissible in proceedings under sections 23-1327, 23-1328, and 23-1329, in perjury proceedings, and for the purposes of impeachment in any subsequent proceedings, "(7) Appeals from orders of detention may be taken pursuant to section 23-1324. " (d) The following shall be applicable to persons detained pursuant to this section: "(1) The case of such person shall be placed on an expedited calendar and, consistent with the sound administration of justice, his trial shall be given priority.

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