Speedy Trial Act of 1974

(LATEST SUMMARY)

Speedy Trial Act - =Title I: Speedy Trials= - Provides that in a case involving a defendant, the appropriate judicial officer shall, after consultation with the counsel for the defendant and the attorney for the Government, set a day certain for the trial. Asserts that the trial of a defendant charged with an offense shall be commenced as follows: (1) any information or indictment shall be filed within 30 days, with specified exceptions; (2) the arraignment shall be held within ten days of the filing date, with specified exceptions; and (3) where a plea of not guilty is entered, the trial of the defendant shall commence within 60 days from arraignment.

Allows a phase-in period of 2 years during which time graduated time limits will become effective.

Provides that specified periods of delay shall be excluded in computing the time within which the trial of any such offense must commence including: (1) any period of delay resulting from other proceedings concerning the defendant, including but not limited to, an examination and hearing on competency; (2) any period of delay during which prosecution is deferred by the attorney for the Government pursuant to written agreement for the purpose of allowing the defendant to demonstrate his good conduct; and (3) any period of delay resulting from the absence or unavailability of the defendant or an essential witness.

Enumerates the factors which a judge shall consider in determining whether to grant a continuance. States that if a defendant is not brought to trial as required, it is within the discretion of the trial judge whether a dismissal is to be granted with or without prejudice.

Prescribes the effective dates for the provisions of this Act and the interim limits to be followed.

Requires each United States district court to conduct a continuing study of the administration of criminal justice in the district court and before United States magistrates of the district and to prepare plans for the disposition of criminal cases in accordance with this Act. Provides that each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the criminal justice advisory planning group established for that district. Outlines the procedures for the formulation and approval of the district plans, and the contents required in such plans.

Authorizes to be appropriated to the Federal judiciary $2,500,000 to carry out the initial phases of planning and implementation of speedy trial plans.

Provides procedures to be followed when a district court is unable to comply with the required time limits due to the status of its court calendars.

Authorizes the Judicial Conference, upon emergency, to suspend the operation of the time limits between indictment and trial in individual districts for up to one year.

=Title II: Pretrial Services Agencies= - Establishes, on a demonstration basis, in each of ten representative judicial districts, a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released.

Asserts that the district in which such agencies are to be established shall be designated by the Chief Justice of the United States on the basis of specified considerations, including: the number of criminal cases prosecuted annually in the district, the percentage 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 which may be imposed.

Prescribes the organizational structure of the pretrial services agencies and their functions and powers.

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.

Authorizes an appropriation of $10,000,000 for the first year operation of the pre-trial services agencies program.