Page:United States Statutes at Large Volume 84 Part 1.djvu/707

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

" (d) Any term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. "§23-1328. Penalties for offenses committed during release " (a) Any person convicted of an offense committed while released pursuant to section 23-1821 shall be subject to the following penalties in addition to any other applicable penalties: " (1) A term of imprisonment of not less than one year and not more than five years if convicted of committing a felony while so released; and "(2) A term of imprisonment of not less than ninety days and not more than one year if convicted of committing a misdemeanor while so released. "(b) The giving of a warning to the person when released of the penalties imposed by this section shall not be a prerequisite to the application of this section. "(c) Any term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. "§23--1329. Penalties for violation of conditions of release " (a) A person who has been conditionally released pursuant to section 23-1321 and who has violated a condition of release shall be subject to revocation of release, an order of detention, and prosecution for contempt of court. " (b) Proceedings for revocation of release may be initiated on motion of the United States attorney. A warrant for the arrest of a person charged with violating a condition of release may be issued by a judicial officer 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. No order of revocation and detention shall be entered unless, after a hearing, the judicial officer finds that— "(1) there is clear and convincing evidence that such person has violated a condition of his release; and "(2) 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 that such person will not flee or pose a danger to any other person or the community. The provisions of subsections (c) and (d) of section 23-1322 shall apply to this subsection. "(c) Contempt sanctions may be imposed if, upon a hearing and in accordance with principles applicable to proceedings for criminal contempt, it is established that such person has intentionally violated a condition of his release. Such contempt proceedings shall be expedited and heard by the couit without a jury. Any person found guilty of criminal contempt for violation of a condition of release shall be imprisoned for not more than six months, or fined not more than $1,000, or both. " (d) Any warrant issued by a judge of the Superior Court for violation of release conditions or for contempt of court, for failure to appear as required, or pursuant to subsection (c)(2) of section 2t3-1322, may be executed at any place within the jurisdiction of the United States. Such warrants shall be executed by a United States marshal or by any other officer authorized by law. "§23-1330. Contempt "Nothing in this subchapter shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt.

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