Criminal Procedures Act of 1982

Criminal Procedures Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to establish for second offenders a mandatory sentence of life imprisonment and a minimum term of parole eligibility of 20 years.

Expands the forfeiture provisions of RICO and the Continuing Criminal Enterprise statute (CCE) to include all profits and proceeds of unlawful activities. Permits the court to direct the forfeiture of other assets of a defendant where proceeds cannot be located or are otherwise beyond Federal jurisdiction. Includes an enhanced forfeiture provision for second offenders.

Directs the Attorney General to move expeditiously to negotiate with foreign countries in order to deprive domestic criminals of foreign havens for proceeds of crimes.

Amends the Bail Reform Act of 1966 to authorize the court to consider the safety of any other person or the community in determining release conditions.

Authorizes the court, after a due process hearing, to order the detention of a defendant upon finding that there is clear and convincing evidence that the person is likely to flee or is a danger to another person or the community, and that no release conditions will reasonably assure such person's appearance or the safety of another person or the community.

Adds to those factors to be considered by the judge in making a release or detention determination: (1) the individual's past conduct, illegal drug use, and conviction record; and (2) whether he was on probation, parole, or other release when arrested.

Authorizes a judge to detain for up to ten days a person charged with an offense if it appears that the person: (1) may flee or pose a danger to another person or the community; and (2) is on pretrial release for a Federal or State felony or is on probation, parole, or other release for a Federal, State, or local offense.

Revises the exclusionary rule to prohibit a court from excluding evidence procured by a law enforcement officer in good faith reliance upon a reasonable belief in the legitimacy of his action. Requires for the exclusion of evidence that the court find as a matter of law that the evidence: (1) was obtained by unconstitutional means resulting in actual prejudice to the defendant as a result of international misconduct by Government agents; and (2) would not have been known but for such unconstitutional acts.

Makes the United States liable for the unconstitutional act of a law enforcement officer within the scope of employment if the violation was committed with willful intent or as the result of gross negligence or wanton disregard of the rights of the aggrieved party.

Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "not guilty by reason of insanity" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect.

Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another.

Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility.

Authorizes the Attorney General to issue departmental policies and guidelines concerning criminal prosecutions. Prohibits any such regulations from creating substantive or procedural rights for individuals. Denies any court jurisdiction over any claim based solely on a failure to follow these regulations.

Amends the Special Prosecutors Act to eliminate the requirement that a prosecutor be appointed for alleged misdemeanors.

Repeals provisions authorizing a special division of the U.S. Court of Appeals for the District of Columbia to appoint special prosecutors.

Revises the rules governing habeas corpus actions in Federal court. Prohibits consideration of an action brought by a State prisoner if the Federal question was properly presented under State law, unless the petitioner establishes that: (1) his custody violates Federal law; (2) the violation is of a Federal right having as its primary purpose the protection of the reliability of the factfinding or appellate process; (3) the violation was prejudicial; and (4) the violation presents a substantial question not raised before and for which there was no opportunity to raise it.

Establishes a three-year statute of limitations for habeas corpus actions.

Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six enumerated circumstances.

Amends the juvenile delinquency provisions of the criminal code to permit Federal prosecution of a juvenile upon certification by the Attorney General that the offense charged, if committed by an adult, would be a felony punishable by a maximum penalty of five years or more, and there is a special interest warranting Federal prosecution.

Revises the factors to be considered in determining whether the transfer to district court of a juvenile over the age of 16 who has committed a felony punishable by at least ten years' imprisonment is in the interests of justice.

Amends the Freedom of Information Act (FOIA) to limit the right of making requests to "United States persons."

Modifies the current requirement that Government agencies respond to FOIA requests within ten days to: (1) allow agencies 30 days to respond; and (2) prorate the time for compliance against the number of record pages encompassed by the request (an additional 60 days is allowed for each additional 200 pages up to a maximum period of one year).

Provides that the current exemption for an agency's internal personnel information includes manuals and instructions of investigators, auditors, and negotiators, and employment examination material.

Broadens the current exemption given to matters in personnel and medical files to include information which would generally constitute an unwarranted invasion of privacy, including mailing lists.

Extends the current exemption given to law enforcement records to include records which: (1) "tend" to disclose the identity of confidential sources; (2) would endanger the physicial safety of any natural person (instead of only law enforcement personnel); and (3) relate to investigations of terrorism, organized crime, or foreign counterintelligence.

Requires disclosure of only segregable portions of records which are not already in the public domain.

Requires agencies carrying out law enforcement functions to furnish the same general standardized written response to persons requesting records in cases where: (1) the agency does not have the records requested; or (2) the records are protected because disclosure would reveal that a criminal investigation is in progress.