§ 3154. Functions and powers relating to pretrial services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Speedy Trial Act of 1974

   Pub. L. 93–619 title II § 201 · 88 Stat. 2076

   Enacted · 18 U.S.C. § 3154

   Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2087

   Source evidence

   Code source credit
   Added Pub. L. 93–619, title II, § 201, Jan. 3, 1975, 88 Stat. 2087

   Enacted provision · exact public law section
   Sec. 201. Chapter 207 of title 18, United States Code, is amended by striking out section 3152 and inserting in lieu thereof the following new sections: 18 USC 3152.“§ 3152. Establishment of pretrial services agencies. “The Director of the Administrative Office of the United States Courts shall establish, on a demonstration basis, in each of ten representative judicial districts (other than the District of Columbia), a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released under this chapter. The districts in which such agencies are to be established shall be designated by the Chief Justice of the United States after consultation with the Attorney General, on the basis of such considerations as 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 under this chapter, and the availability of community resources to implement the conditions of release which may be imposed under this chapter. 18 USC 3153.“§ 3153. Organization of pretrial services agencies. “(a) The powers of five pretrial services agencies shall be vested in the Division of Probation of the Administrative Office of the United States Courts. Such Division shall establish general policy for such agencies. Board of Trustees.“(b) (1) The powers of each of the remaining five pretrial services agencies shall be vested in a Board of Trustees which shall consist of seven members. The Board of Trustees shall establish general policy for the agency. Membership.“(2) Members of the Board of Trustees shall be appointed by the chief judge of the United States district court for the district in which such agency is established as follows: “(A) one member, who shall be a United States district court judge; “(B) one member, who shall be the United States attorney; “(C) two members, who shall be members of the local bar active in the defense of criminal cases, and one of whom shall be a Federal public defender, if any; “(D) one member, who shall be the chief probation officer; and “(E) two members who shall be representatives of community organizations. Term.“(c) The term of office of a member of the Board of Trustees appointed pursuant to clauses (C) (other than a public defender) and Vacancy. (E) of subsection (b) (2) shall be three years. A vacancy in the Board shall be filled in the same manner as the original appointment. Any member appointed pursuant to clause (C) (other than a public defender) or (E) of subsection (b) (2) to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. “(d) (1) In each of the five demonstration districts in which pretrial service agencies are established pursuant to subsection (a) of this section, the pretrial service officer shall be a Federal probation officer of the district designated for this purpose by the Chief of the Division of Probation and shall be compensated at a rate not in excess of the rate prescribed for GS–16 by section 5332 of title 5, United States Code. “(2) In each of the five remaining demonstration districts in which pretrial service agencies are established pursuant to subsection (b) (1) of this section, after reviewing the recommendations of the judges of the district court to be served by the agency, each such Board of Trustees shall appoint a chief pretrial service officer, who shall be compensated at a rate to be established by the chief judge of the court, but not in excess of the rate prescribed for GS–15 by section 5332 of title 5, United States Code. “(3) The designated probation officer or the chief pretrial service officer, subject to the general policy established by the Division of Probation or the Board of Trustees, respectively, shall be responsible for the direction and supervision of the agency and may appoint and fix the compensation of such other personnel as may be necessary to staff such agency, and may appoint such experts and consultants as may be necessary, pursuant to section 3109 of title 5, United States Code. The compensation of such personnel so appointed shall be comparable to levels of compensation established under chapter 53 of title 5, United States Code. “§ 3154. Functions and powers of pretrial services agencies. “Each pretrial services agency shall perform such of the following functions as the district court to be served may specify: “(1) Collect, verify, and report promptly to the judicial officer information pertaining to the pretrial release of each person charged with an offense, and recommend appropriate release conditions for each such person, but such information as may be contained in the agency’s files or presented in its report or which shall be divulged during the course of any hearing shall be used only for the purpose of a bail determination and shall otherwise be confidential. In their respective districts, the Division of Probation Regulations. or the Board of Trustees shall issue regulations establishing policy on the release of agency files. Such regulations shall create an exception to the confidentiality requirement so that such information shall be available to members of the agency’s staff and to qualified persons for purposes of research related to the administration of criminal justice. Such regulations may create an exception to the confidentiality requirement so that access to agency files will be permitted by agencies under contract pursuant to paragraph (4) of this section; to probation officers for the purpose of compiling a presentence report and in certain limited cases to law enforcement agencies for law enforcement purposes. In no case shall such information be admissible on the issue of guilt in any judicial proceeding, and in their respective districts, the Division of Probation or the Board of Trustees may permit such information to be used on the issue of guilt for a crime committed in the course of obtaining pretrial release. “(2) Review and modify the reports and recommendations specified in paragraph (1) for persons seeking release pursuant to section 3146(e) or section 3147. 18 USC 3146, 3147. “(3) Supervise persons released into its custody under this chapter. “(4) With the cooperation of the Administrative Office of the United States Courts, and with the approval of the Attorney General, operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including, but not limited to, residential halfway houses, addict and alcoholic treatment centers, and counseling services. “(5) Inform the court of all apparent violations of pretrial release conditions or arrests of persons released to its custody or under its supervision and recommend appropriate modifications of release conditions. “(6) Serve as coordinator for other local agencies which serve or are eligible to serve as custodians under this chapter and advise the court as to the eligibility, availability, and capacity of such agencies. “(7) Assist persons released under this chapter in securing any necessary employment, medical, legal, or social services. “(8) Prepare, in cooperation with the United States marshal and the United States attorney such pretrail detention reports as are required by the provisions of the Federal Rules of Criminal 18 USC app. Procedure relating to the supervision of detention pending trial. “(9) Perform such other functions as the court may, from time to time, assign. 18 USC 3155.“§ 3155. Report to Congress. Annual report.“(a) The Director of the Administrative Office of the United States Courts shall annually report to Congress on the accomplishments of the pretrial services agencies, with particular attention to (1) their effectiveness in reducing crime committed by persons released under this chapter; (2) their effectiveness in reducing the volume and cost of unnecessary pretrial detention; and (3) their effectiveness in improving the operation of this chapter. The Director shall include in his fourth annual report recommendations for any necessary modification of this chapter or expansion to other districts. Such report shall also compare the accomplishments of the pretrial services agencies operated by the Division of Probation with those operated by Hoards of Trustees and with monetary bail or any other program generally used in State and Federal courts to guarantee presence at trial. Comprehensive report.“(b) On or before the expiration of the forty-eighth-month period following July 1, 1975, the Director of the Administrative Office of the United States Courts shall file a comprehensive report with the Congress concerning the administration and operation of the amendments made by the Speedy Trial Act of 1974, including his views and recommendations with respect thereto. 18 USC 3156.“§ 3156. Definitions. “(a) As used in sections 3146–3150 of this chapter— “(1) The term ‘judicial officer’ means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia; and “(2) The term ‘offense’ means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress. “(b) As used in sections 3152–3155 of this chapter— “(1) the term ‘judicial officer’ means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of 18 USC 3041. this title, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending appeal in a court of the United States, and “(2) the term ‘offense’ means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a petty offense as defined in section 1 (3) of this title, or an offense triable by court-martial, military commission, provost court, or other military tribunal).”

2. 1982

   Pretrial Services Act of 1982

   Pub. L. 97–267 § 4 · 96 Stat. 1136

   1. Substituted · 18 U.S.C. § 3154

      Pub. L. 97–267 substituted “relating to pretrial services” for “of pretrial services agencies” in section catchline, in par. (1) struck out provisions relating to agency files concerning the pretrial release of persons charged with an offense, the establishment of regulations concerning the release of such files, and the access to and admissibility of these files, in par. (4) struck out provision relating to the cooperation of the Administrative Office of the United States Courts and the approval of the Attorney General and provision not limiting this paragraph to those facilities listed thereunder, in par. (5) inserted provisions that pretrial services may provide the United States Attorney as well as the court with information described under this paragraph and that such information also includes any danger that a person released to the custody of pretrial services may come to pose to any other person or the community, in par. (9) substituted provisions that pretrial services shall develop and implement a system to monitor and evaluate bail activities, provide information on the result of bail decisions, and prepare periodic reports to assist the improvement of the bail process for provisions that pretrial services agencies would perform such other functions as the court might assign

   2. Added · 18 U.S.C. § 3154

      Pub. L. 97–267 added pars. (10)–(12)

   Source evidence

   Code amendment note
   Pub. L. 97–267 substituted “relating to pretrial services” for “of pretrial services agencies” in section catchline, in par. (1) struck out provisions relating to agency files concerning the pretrial release of persons charged with an offense, the establishment of regulations concerning the release of such files, and the access to and admissibility of these files, in par. (4) struck out provision relating to the cooperation of the Administrative Office of the United States Courts and the approval of the Attorney General and provision not limiting this paragraph to those facilities listed thereunder, in par. (5) inserted provisions that pretrial services may provide the United States Attorney as well as the court with information described under this paragraph and that such information also includes any danger that a person released to the custody of pretrial services may come to pose to any other person or the community, in par. (9) substituted provisions that pretrial services shall develop and implement a system to monitor and evaluate bail activities, provide information on the result of bail decisions, and prepare periodic reports to assist the improvement of the bail process for provisions that pretrial services agencies would perform such other functions as the court might assign, and added pars. (10)–(12).

   Enacted provision · exact public law section
   Sec. 4. Section 3154 of title 18, United States Code, is amended to read as follows: “§ 3154. Functions and powers relating to pretrial services “Pretrial services functions shall include the following: “(1) Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such person may pose to any other person or the community, and recommend appropriate release conditions for such individual. “(2) Review and modify the reports and recommendations specified in paragraph (1) of this section for persons seeking release pursuant to section 3146(e) or section 3147 of this 18 USC 3146, 3147. chapter. “(3) Supervise persons released into its custody under this chapter. “(4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including residential halfway houses, addict and alcoholic treatment centers, and counseling services. “(5) Inform the court and the United States attorney of all apparent violations of pretrial release conditions, arrests of persons released to the custody of providers of pretrial services or under the supervision of providers of pretrial services, and any danger that any such person may come to pose to any other person or the community, and recommend appropriate modifications of release conditions. “(6) Serve as coordinator for other local agencies which serve or are eligible to serve as custodians under this chapter and advise the court as to the eligibility, availability, and capacity of such agencies. “(7) Assist persons released under this chapter in securing any necessary employment, medical, legal, or social services. “(8) Prepare, in cooperation with the United States marshal and the United States attorney such pretrail detention reports as are required by the provisions of the Federal Rules of Criminal 18 USC app. Procedure relating to the supervision of detention pending trial. “(9) Develop and implement a system to monitor and evaluate bail activities, provide information to judicial officers on the results of bail decisions, and prepare periodic reports to assist in the improvement of the bail process. “(10) To the extent provided for in an agreement between a chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, or the chief probation officer in all other districts, and the United States attorney, collect, verify, and prepare reports for the United States attorney’s office of information pertaining to the pretrial diversion of any individual who is or may be charged with an offense, and perform such other duties as may be required under any such agreement. “(11) Make contracts, to such extent and in such amounts as are provided in appropriation Acts, for the carrying out of any pretrial services functions. “(12) Perform such other functions as specified under this chapter.”.

3. 1984

   Bail Reform Act of 1984

   Pub. L. 98–473 § 203(b)(1) · 98 Stat. 1837

   Struck and inserted · 18 U.S.C. § 3154(1)

   Pub. L. 98–473, § 203(b)(1), which directed the amendment of par. (1), by striking out “and recommend appropriate release conditions for each such person” and inserting in lieu thereof “and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release” could not be executed because such language did not appear. See 1990 Amendment note above

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 98–473, § 203(b)(1), which directed the amendment of par. (1), by striking out “and recommend appropriate release conditions for each such person” and inserting in lieu thereof “and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release” could not be executed because such language did not appear. See 1990 Amendment note above.

   Enacted provision · exact public law section
   (1) in subsection (1), by striking out “and recommend appropriate release conditions for each such person” and inserting in lieu thereof “and, where appropriate, include a recommenda-tion as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release”; and

4. 1984

   Bail Reform Act of 1984

   Pub. L. 98–473 § 203(b)(2) · 98 Stat. 1837

   Substituted · 18 U.S.C. § 3154(2)

   Pub. L. 98–473, § 203(b)(2), substituted “section 3145” for “section 3146(e) or section 3147”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 98–473, § 203(b)(2), substituted “section 3145” for “section 3146(e) or section 3147”.

   Enacted provision · exact public law section
   (2) in subsection (2), by striking out “section 3146(e) or section 3147” and inserting in lieu thereof “section 3145”.

5. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XXXV § 3576 · 104 Stat. 4789

   Substituted · 18 U.S.C. § 3154(1)

   Pub. L. 101–647 substituted “community, and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release.” for “community” and all that followed through end of par. (1)

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 101–647 substituted “community, and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release.” for “community” and all that followed through end of par. (1).

   Enacted provision · exact public law section
   SEC. 3576. CLARIFYING REENACTMENT OF PORTION OF SECTION 3154. Paragraph (1) of section 3154 of title 18, United States Code, is amended by striking “community” and all that follows through the end of such paragraph and inserting “community, and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release.”.

6. 1992

   Federal Courts Administration Act of 1992

   Pub. L. 102–572 § 1002 · 106 Stat. 4506

   Inserted · 18 U.S.C. § 3154(1)

   Pub. L. 102–572, § 1002, inserted before period at end “; except that a district court may direct that information not be collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in section 3559(a)(6) of this title”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 102–572, § 1002, inserted before period at end “; except that a district court may direct that information not be collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in section 3559(a)(6) of this title”.

   Enacted provision · exact public law section
   SEC. 1002. AUTHORITY TO LIMIT COLLECTION OF PRETRIAL INFORMATION IN CLASS A MISDEMEANOR CASES. Section 3154(1) of title 18, United States Code, is amended by inserting before the period “; except that a district court may direct that information not be collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in section 3559(a)(6) of this title”.

   Effective date note
   Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

7. 1992

   Federal Courts Administration Act of 1992

   Pub. L. 102–572 § 701(b) · 106 Stat. 4506

   1. Added · 18 U.S.C. § 3154(12); 18 U.S.C. § 3154(13)

      Pub. L. 102–572, § 701(b), added par. (12)

   2. Redesignated · 18 U.S.C. § 3154(12); 18 U.S.C. § 3154(13)

      Pub. L. 102–572, § 701(b), redesignated former par. (12) as (13)

   Source evidence

   Code amendment note
   Pars. (12), (13). Pub. L. 102–572, § 701(b), added par. (12) and redesignated former par. (12) as (13).

   Enacted provision · exact public law section
   (b) Pretrial Services.— Section 3154 of title 18, United States Code, is amended— (1) by redesignating paragraph (12) as paragraph (13); and (2) by inserting after paragraph (11) the following new paragraph: “(12) (A) As directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the provisions of section 4243 or 4246 of this title, and report such person’s conduct and condition to the court ordering release and the Attorney General or his designee. “(B) Any violation of the conditions of release shall immediately be reported to the court and the Attorney General or his designee.”.

   Effective date note
   Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

8. 1996

   Pub. L. 104–317 title I § 101(b) · 110 Stat. 3847

   1. Added · 18 U.S.C. § 3154(13); 18 U.S.C. § 3154(14)

      Pub. L. 104–317 added par. (13)

   2. Redesignated · 18 U.S.C. § 3154(13); 18 U.S.C. § 3154(14)

      Pub. L. 104–317 redesignated former par. (13) as (14)

   Source evidence

   Code amendment note
   Pars. (13), (14). Pub. L. 104–317 added par. (13) and redesignated former par. (13) as (14).

   Enacted provision · exact public law section
   (b) Pretrial Services Officers. —Section 3154 of title 18, United States Code, is amended— (1) by redesignating paragraph (13) as paragraph (14); and (2) by inserting after paragraph (12) the following new paragraph: “(13) If approved by the district court, be authorized to carry firearms under such rules and regulations as the Director of the Administrative Office of the United States Courts may prescribe.”.

9. 2008

   Judicial Administration and Technical Amendments Act of 2008

   Pub. L. 110–406 § 15(a) · 122 Stat. 4291

   Inserted · 18 U.S.C. § 3154(4)

   Pub. L. 110–406 inserted “, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required” before period at end

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 110–406 inserted “, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required” before period at end.

   Enacted provision · exact public law section
   (a) Pretrial Service Functions.— Section 3154(4) of title 18, United States Code, is amended by inserting “, and contract with any appropriate public or private agency or person, or expend funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required” before the period.

10. 2010

    Federal Judiciary Administrative Improvements Act of 2010

    Pub. L. 111–174 § 5 · 124 Stat. 1216

    1. Added · 18 U.S.C. § 3154(14); 18 U.S.C. § 3154(15)

       Pub. L. 111–174 added par. (14)

    2. Redesignated · 18 U.S.C. § 3154(14); 18 U.S.C. § 3154(15)

       Pub. L. 111–174 redesignated former par. (14) as (15)

    Source evidence

    Code amendment note
    Pars. (14), (15). Pub. L. 111–174 added par. (14) and redesignated former par. (14) as (15).

    Enacted provision · exact public law section
    SEC. 5. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES.   Section 3154 of title 18, United States Code, is amended— (1) by redesignating paragraph (14) as paragraph (15); and (2) by inserting after paragraph (13) the following: “(14) Perform, in a manner appropriate for juveniles, any of the functions identified in this section with respect to juveniles awaiting adjudication, trial, or disposition under chapter 403 of this title who are not detained.” .

11. 2018

    First Step Act of 2018

    Pub. L. 115–391 title VI § 609(b) · 132 Stat. 5194

    Substituted · 18 U.S.C. § 3154(12)(A)

    Pub. L. 115–391 substituted “, 4246, or 4248” for “or 4246”

    Source evidence

    Code amendment note
    Par. (12)(A). Pub. L. 115–391 substituted “, 4246, or 4248” for “or 4246”.

    Enacted provision · exact public law section
    (b) Pretrial Services Officers.— Section 3154 of title 18, United States Code, is amended in paragraph (12)(A) by striking “or 4246” and inserting “, 4246, or 4248”.

15 of 15 references resolved to an enrolled provision