Speedy Trial Act

Speedy Trial Act - Title I: Speedy Trials - Provides that when a defendant charged with an offense against the United States first appears before the court for the setting of release conditions, the judge shall, after consultation with the counsel for the defendant and the United States Attorney, set a day certain for the trial.

Asserts that the trial of a defendant charged with an offense against the United States shall be commenced as follows: (1) within sixty days from the date the defendant is arrested or a summons is issued, except that if an information or indictment is filed, then within sixty days from the date of such filing; (2) if the indictment or information is dismissed upon motion of the defendant and thereafter the defendant is charged with the same crime or a crime based on the same conduct or arising from the same criminal episode, within sixty days from the date the defendant is so charged; or (3) if the defendant is to be tried again following a mistrial, an order for a new trial, or an appeal or collateral attack, within sixty days from the date of the mistrial, order granting a new trial, or remand.

Provides that the following periods of delay shall be excluded in computing the time within which the trial of any such offense must commence: (1) any period of delay resulting from other proceedings concerning the defendant, including but not limited to, an examination and hearing on competency, any period of delay resulting from the fact that he is incompetent to stand trial, or resulting from the examination and treatment pursuant to section 2902 of title 28, United States Code, and any period of delay resulting from hearings on pretrial motions, interlocutory appeals, or trials with respect to other charges; (2) any period of delay during which prosecution is deferred by the United States Attorney pursuant to written agreement with the defendant for the purpose of allowing the defendant to demonstrate his good conduct; (3) any period of delay resulting from the absence or unavailability of the defendant; (4) if the information or indictment is dismissed upon motion of the United States Attorney and thereafter a charge is filed against the defendant for the same offense or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge; (5) a reasonable period of delay when the defendant is joined for trial and there is good cause for not granting a severance (in all other cases, the defendant shall be granted a severance so that he may be tried within the time limits applicable to him); (6) any period of delay resulting from a continuance granted at the request of the defendant or his counsel upon a showing of good cause, if such request is made more than fifteen days prior to the date set for trial, but in no event shall any such period of delay be excludable for any period in excess of seven days; (7) any period of delay resulting from a continuance granted at the request of the United States Attorney upon a showing of good cause, if such request is made more than fifteen days priod to the date set for trial, but in no event shall any such period of delay be excludable for any period in excess of seven days; and (8) any other period of delay resulting from a continuance granted at the request of the defendant or his counsel or the United States Attorney upon a finding by the judge that, unless such a continuance is granted, the ends of justice cannot be met. Provides that no such period of delay resulting from a continuance granted by the court in accordance with paragraph (8) shall be excludable under this subsection unless the court, after first having considered the right of the defendant to a speedy trial and the public interest in a prompt disposition of the case, sets forth in writing in the record of the case its reason for granting such continuance.

Provides that if a defendant through no fault of his own or his counsel is not brought to trial the information or indictment shall be dismissed on motion of the defendant. Provides that such dismissal shall forever bar prosecution for the offense charged and for any other offense required to be joined with the offense. Declares that failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the right to dismissal.

Provides that each United States district court, with the approval of the judicial council of the circuit, shall, within 90 days of the effective date of this Act, prepare a plan for the trial or other disposition of offenses. Asserts that each such plan shall be formulated after considering the recommendations of the Federal Judicial Center, the United States Attorney and attorneys experienced in the defense of criminal cases in the district, and shall be filed with the Administrative Office of the United States Courts.

Provides that each such plan shall include a description of the procedural techniques, innovations, systems and other methods by which the district court has expedited or intends to expedite the trial or other disposition of criminal cases. Asserts that the plan shall make special provision for the speedy trial of cases at places of holding court where there is no judge continuously resident.

Asserts that in the event a district court is unable because of limitations of manpower or resources to implement its plan for the trial or other disposition of criminal cases, its plan shall, with the approval of the judicial council of the circuit, be submitted to the Judicial Conference of the United States, with a copy to the Attorney General, and shall request an extention of the effective date. Provides that, in addition to the information required, each such plan in which an extension is requested shall specify the necessary authorizations and appropriations for additional judges, prosecutors, probation officers, full-time defense counsel, supporting personnel and other resources.

Title II: Pretrial Services Agencies - Establishes, on a demonstration basis, in each of five judicial districts, one of which shall be the District of Columbia, a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released.

Asserts that the districts, other than the District of Columbia, in which such agencies are to be established shall be designated by the Chief Justice of the United States, after consultation with the Attorney General, on the basis of such considerations as the number of criminal cases prosecuted annually in the district, the precentage of defendants in the district presently detained prior to trial, the incidence of crime charged against persons released pending trial and the availability of community resources to implement the conditions of release.

Requires the Director of the Administrative Office of the United States Courts to establish a pretrial services agency in each of the designated districts. Asserts that, after reviewing recommendations of the judges of the District Court to be served by the agency, the Chief Judge of the Court shall appoint a Chief Pretrial Services Officer who shall receive compensation at a rate to be established by the Chief Judge of the Court but not in excess of the rate prescribed for GS-16 by section 5332 of title 5, United States Code. Provides that the Chief Pretrial Services Officer shall be responsible for the direction and supervision of the agency and may appoint and fix the compensation, subject to the provisions of Part III of title 5, United States Code, of such other personnel as may be necessary to staff each agency and may appoint such experts and consultants as may be necessary, pursuant to section 3109 of title 5, United States Code.

Provides that the Director of the Administrative Office of the United States Courts shall annually report to Congress on the accomplishments of the pretrial services agencies, with particular attention to: (1) their effectiveness in reducing crime committed by persons released under this chapter; (2) their effectiveness in reducing the volume and cost of unnecessary pretrial detention; and (3) their effectiveness in improving the operation of such services. Directs the Director to include in his fourth annual report recommendations for any necessary modification or expansion to other districts of these agencies.

Authorizes to be appropriated to carry out the provisions of this title for fiscal year 1974, and for each fiscal year thereafter, the sum of $2,000,000.