Page:United States Statutes at Large Volume 84 Part 1.djvu/704

 646

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"(2) Such person shall be treated in accordance with section 28-1321— " (A) upon the expiration of sixty calendar days, unless the trial is in progress or the trial has been delayed at the request of the person other than by the filing of timely motions (excluding motions for continuances); or " (B) whenever a judicial officer finds that a subsequent event has eliminated the basis for such detention. "(3) The person shall be deemed detained pursuant to section 23-1325 if he is convicted. "(e) The judicial officer may detain for a period not to exceed five calendar days a person who comes before him for a bail determination charged with any offense, if it appears that such person is presently on probation, parole, or mandatory release pending completion of sentence for any offense under State or Federal law and that such person may flee or pose a danger to any other person or the community if released. During the five-day period, the United States attorney or the Corporation Counsel for the District of Columbia shall notify the appropriate State or Federal probation or parole officials. I f such officials fail or decline to take the person into custody during such period, the person shall be treated in accordance with section 23-1321, unless he is subject to detention under this section. If the person is subsequently convicted of the offense charged, he shall receive credit toward service of sentence for the time he was detained pursuant to this subsection. ''§23-1323. Detention of addict " (a) Whenever it appears that a person charged with a crime of violence, as defined in section 23-1331 (4), may be an addict, as defined in section 23-1331(5), the judicial officer may, upon motion of the United States attorney, order such person detained in custody for a 23eriod not to exceed three calendar days, under medical supervision, to determine whether the person is an addict. "(b) Upon or before the expiration of three caler ^^'ir days, the person shall be brought before a judicial officer and the results of the determination shall be presented to such judicial officer. The judicial officer thereupon (1) shall treat the person in accordance with section 23-1321, or (2) upon motion of the United States attorney, may (A) hold a hearing pursuant to section 23-1322, or (B) hold a hearing pursuant to subsection (c) of this section. "(c) A person who is an addict may be ordered detained in custody under medical supervision if the judicial officer— "(1) holds a pretrial detention hearing in accordance with subsection (c) of section 23-1322; "(2) finds that— " (A) there is clear and convincing evidence that the person is an addict; " (B) based on the factors set out in subsection (b) of section 23-1321, 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) on the basis of information presented to the judicial officer by proffer or otherwise, 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.

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