Pretrial Services and Bail Reform Act of 1981

Pretrial Services and Bail Reform Act of 1981 - Requires the Director of the Administrative Office of the U.S. Courts to establish, under the supervision of the Judicial Conference of the United States, directly or by contract, a pretrial services agency (PSA) in each judicial district as recommended by the appropriate district court and the circuit judicial council. (Current law authorizes such agencies on a demonstration basis in ten representative districts).

Places such agencies under the general authority of the Director and under the supervision of a chief pretrial services officer selected by the chief judge of the district court. (Current law places five agencies under the Office's Division of Probation and five under an independent Board of Trustees).

Requires, rather than permits, regulations issued by the Director relating to the confidentiality of information contained in agencies' files to provide for certain exceptions.

Continues generally the existing functions and powers of the PSA (including the discretion of the district courts to determine which shall be performed), and adds four new duties: (1) informing the court and the U.S. attorney of any danger the person may pose to another person or the community; (2) developing a system to monitor and evaluate bail activities; (3) preparing, pursuant to agreements, reports for the U.S. Attorneys Offices on information pertaining to pretrial diversion; and (4) making contracts to carry out their functions.

Requires the Director to: (1) issue guidelines within 90 days of enactment with respect to the supervision of persons released into the Office's custody; and (2) include in the annual report to the Judicial Conference a report on the operation of each agency and to transmit a copy of such report to Congress.

Deletes the requirement that contracts for the operation of facilities for the custody of persons released be approved by the Attorney General.

Authorizes appropriations for the PSA's in the amounts of $6,000,000 for fiscal year 1982 and $8,000,000 for fiscal year 1983.

Amends the Bail Reform Act of 1966 to authorize a judicial officer, in making a determination of whether a person charged with a noncapital offense should be released on bail, to consider the safety of any person or the community (in addition to assurance of appearance as currently provided). Permits consideration of a defendant's past conduct in making any such determination.

Authorizes a judicial officer to order the detention for up to five days of a person who: (1) is presently on probation, parole, or mandatory release for an offense punishable under State or Federal law; and (2) poses a risk of flight or danger to the safety of any person or the community.

Authorizes a judicial officer to order the pretrial detention of any person charged with: (1) a dangerous crime, upon certification by the Government that no conditions will reasonably assure the safety of the community; (2) a crime of violence if such person committed such offense while on release from another crime of violence within ten years; or (3) any offense if such person threatens any witness or juror.

Requires a pretrial detention hearing to be held before any person is ordered detained. Entitles a defendant to be represented by counsel and present witnesses. Makes a defendant's testimony inadmissible in any other proceeding, except for purposes of impeachment.

Conditions an order of detention upon findings: (1) by clear and convincing evidence that detention is authorized; and (2) with respect to a dangerous crime or crime of violence, that there is a substantial probability that the defendant committed the offense and that no conditions will reasonably assure the safety of the community or any other person.

Authorizes a judicial officer upon motion of the Government attorney to order detained under medical supervision for up to three days a person charged with a crime of violence who may be a drug addict.

Authorizes the detention of any such person under medical supervision upon findings that: (1) there is clear and convincing evidence that the person is an addict; (2) no conditions will reasonably assure the safety of the community or any other person; and (3) there is substantial probability that the person committed the offense.

Authorizes a U.S. attorney to appeal a release order.

Requires a person who has appealed his conviction in a capital case to be detained unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires a person awaiting sentencing in a capital case to be detained unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to person or property.

Revises the penalties for failing to appear. Makes any such failure after notice of the appearance date prima facie evidence of willfulness. Requires any term of imprisonment imposed for a failure to appear to be served consecutively to any other term.

Establishes mandatory, additional penalties for commission of an offense while on pretrial release.

Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.