1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 11 "(1) who is detained, or whose release on a condi tion requiring him to return to custody after specified hours is continued; and "(2) whose application pursuant to subsections (k) and (1) of section 3146 has been reviewed by a judicial officer other than “(A) a judge of the court having original jurisdiction over the offense with which he is charged; "(B) a judge in the United States Court of Appeals; "(C) a justice of the Supreme Court of the United States; may file a motion for an amend ment of the order with the court having original jurisdiction over the offense with which he is charged. Such a motion shall be determined promptly. "(b) APPEAL.-In a case in which a person is detained "(1) a court denies a motion under subsection (a) to amend an order; or "(2) a detention order has been entered, or conditions of release have been imposed or amended, by a judge of the court having original jurisdiction over the offense charged; 12 1 an appeal may be taken to the court having appellate juris2 diction over such court. An order so appealed shall be af3 firmed if it is supported by the proceedings below. If the 4 order is not so supported, the court may remand the case for 5 a further hearing, or may, with or without additional evi6 dence, order the person released pursuant to section 3146. 7 Such an appeal shall be determined promptly.". 8 SEC. 3. Section 3147 of title 18, United States Code, is 9 amended to read as follows: 10 "83148. Release pending sentence or appeal 11 "(a) The judicial officer shall order that a person who 12 has been found guilty of an offense and who is awaiting impo13 sition or execution of sentence, other than a person for whom 14 a term of imprisonment would not be an appropriate sen15 tence, be held in official detention unless the judicial officer 16 finds by clear and convincing evidence, after taking into ac17 count the nature and circumstances of the offense for which 18 the person was convicted and the factors specified in subsec19 tion (e)(3) of section 3146, that the person is not likely to flee 20 or pose a danger to the safety of any other person or the 21 community. If the judicial officer finds that the person is not 22 likely to flee or to pose a danger to the safety of any person 23 or to the community, the person shall be treated in accord24 ance with the applicable provisions of section 3146. 13 1 "(b) The judicial officer shall order that a person who 2 has been found guilty of an offense and sentenced to a term 3 of imprisonment, and who has filed an appeal or a petition for 4 writ of certiorari, be held in detention, unless the judicial 5 officer finds 6 7 8 9 10 11 12 13 "(1) by clear and convincing evidence, after taking into account the nature and circumstances of the offense for which the person was convicted and the factors specified in subsection (e) of section 3146, that the person is not likely to flee or pose a danger to the safety of any other person or the community; and "(2) that the appeal is not frivolous or taken for purpose of delay. 14 If the judicial officer finds that the person is not likely to flee 15 or pose a danger to the safety of any other person or the 16 community, and that the appeal is not frivolous or taken for 17 purposes of delay, the person shall be treated in accordance 18 with the applicable provisions of section 3146.". 97TH CONGRESS 1ST SESSION S. 1253 To tighten the conditions of release on bail for drug offenders. IN THE SENATE OF THE UNITED STATES MAY 21 (legislative day, APRIL 27), 1981 Mr. CHILES (for himself, Mr. NUNN, and Mr. HOLLINGS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To tighten the conditions of release on bail for drug offenders. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That part D of title II of the Comprehensive Drug Abuse 4 Prevention and Control Act of 1970 (21 U.S.C. 841) is 5 amended by adding at the end thereof the following new. 6 sections: 7 8 "RELEASE CONDITIONS "SEC. 413. (a) In setting conditions of release under 9 section 3146(a) of title 18, United States Code, for any 10 person charged with an offense under section 401(a) of this 2 1 title or section 1010(a) of title III with respect to a con2 trolled substance in schedule I which is a narcotic drug or a 3 controlled substance in schedule II, or charged under section 4 406 of this title with attempting or conspiring to commit an 5 offense under section 401(a) of this title relating to an opiate, 6 or charged under section 1013 of title III with attempting or 7 conspiring to commit an offense under section 1010(a) of title 8 III relating to a controlled substance in schedule I which is a 9 narcotic drug or a controlled substance in schedule II, the 10 judicial officer shall, in addition to determining which condi11 tions will reasonably assure the appearance of such person 12 for trial, consider which conditions will reasonably assure the 13 safety of the community, the personal safety of persons in the 14 community, including witnesses to the offense, and the pre15 vention of similar offenses in the future by such person. 16 "(b) For purposes of this section and section 414, ‘judi17 cial officer' means any person or court authorized pursuant to 18 section 3041 of title 18, United States Code, or the Federal 19 Rules of Criminal Procedure, to admit to bail or otherwise to 20 release a person before trial or sentencing or pending appeal, 21 in a court of the United States and any judge of the Superior 22 Court of the District of Columbia. 23 24 "DENIAL OF RELEASE PRIOR TO TRIAL "SEC. 414. (a) Notwithstanding the provisions of sec 25 tion 3146 of title 18, United States Code, a judicial officer |