Pretrial Detention Act of 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 any 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 U.S. attorney to move for a pretrial order after a determination that a defendant is eligible for release. Requires that such motion be heard as soon as practicable. Entitles a defendant to be represented by counsel, to present witnesses and evidence, and to make cross-examination. Makes a defendant's testimony inadmissible in any other proceeding, except for purposes of impeachment.
Permits a judicial officer to make such an order upon finding that: (1) there is a substantial probability that the defendant committed the offense; and (2) the defendant poses a danger to the safety of any other person or the community, based on specified findings by clear and convincing evidence, including that the offense is a violent or serious drug crime.
Authorizes such officer to order the defendant detained at all or specified hours before trial upon a determination by clear and convincing evidence that the danger cannot be reasonably minimized by advancement of trial or other conditions of release.
Requires that any defendant detained be confined to a place other than one designated for convicted persons to the extent practicable.
Entitles a defendant who is convicted to credit for time spent in pretial custody.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
See H.J.Res.648.
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