A bill to reform the Bail Reform Act of 1966 to require the judicial officer making the bail determination to detain those persons who cannot be released without endangering the safety of other persons or the community.
Bail Reform Act Amendments of 1981 - Amends the Federal criminal code with respect to the circumstances under which a person charged with or convicted of a crime may be released on bail or personal recognizance.
Entitles a person charged with an offense to be released on personal recognizance or bail, unless the judicial officer determines that release will not reasonably assure such person's appearance or will endanger the safety of any person or the community.
Requires that a person be detained if no conditions of release will reasonably assure such person's appearance and the public safety.
Disallows imposition of a financial condition to assure the public safety.
Adds to those factors to be considered by the judicial officer in making such determinations: (1) the individual's past conduct, use of alcohol, history of violent behavior, illegal drug use, and conviction record; and (2) whether he was on probation, parole, or other release when arrested.
Enumerates mandatory and discretionary release conditions.
Imposes special detention requirements for persons charged or convicted of Federal or State offenses involving controlled substances, use of a weapon, or physical harm to any person.
Permits a detainee to petition for conditional release for a special purpose, including preparation for trial, retention of employment, or other compelling purpose.
Requires that a judicial officer issue findings for a detention order or conditions and applicable penalties for a release.
Permits a person who is detained or conditionally released and continues to be detained 24 hours after the release hearing to apply for review of the order by the issuing officer. Requires such officer to state in writing the reasons for continuing detention or the release conditions.
Authorizes a judicial officer to amend an order to allow conditional release or impose different conditions.
Authorizes a judicial officer to detain for up to ten days a person charged with an offense who: (1) is on pretrial release for a Federal or State felony; (2) is on probation, parole, or other release pending completion of a sentence for a Federal, State, or local offense; or (3) may flee or pose a danger if released.
Subjects a person who violates a condition of release to revocation, detention, and prosecution for contempt upon a finding of a violation by clear and convincing evidence after a hearing.
Permits a person to appeal a final order of detention or condition of release which is imposed or amended by the judge of the court having original jurisdiction over the offense.
Introduced in Senate
Read second time and referred to Senate Committee on Judiciary.
Referred to Subcommittee on Constitution.
Subcommittee on Constitution. Hearings held.
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