Page:United States Statutes at Large Volume 98 Part 2.djvu/821

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1981

"(2) advise the person of^ r "(A) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; "(B) the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest; and "(C) the provisions of sections 1503 of this title (relating to intimidation of witnesses, jurors, and officers of the court), 1510 (relating to obstruction of criminal investigations), 1512 (tampering with a witness, victim, or an informant), and 1513 (retaliating against a witness, victim, or an informant), "(i) CONTENTS OF DETENTION ORDER.—In a detention order issued pursuant to the provisions of subsection (e), the judicial officer shall— "(1) include written findings of fact and a written statement of the reasons for the detention; "(2) direct that the person be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; "(3) direct that the person be afforded reasonable opportunity for private consultation with his counsel; and "(4) direct that, on order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which the person is confined deliver the person to a United States marshal for the purpose of an appearance in connection with a court proceeding. The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason. "(j) PRESUMPTION OF INNOCENCE.—Nothing in this section shall be construed as modifying or limiting the presumption of innocence. "§ 3143. Release or detention of a defendant pending sentence or appeal "(a) RELEASE OR DETENTION PENDING SENTENCE.—The judicial officer shall order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released pursuant to section 3142(b) or (c). If the judicial officer makes such a finding, he shall order the relesise of the person in accordance with the provisions of section 3142(b) or (c). "(b)

RELEASE OR DETENTION PENDING APPEAL BY THE DEFEND-

ANT.—The judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds— "(1) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released pursuant to section 3142(b) or (c); and

18 USC 3143.

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