§ 3164. — Persons detained or designated as being of high risk.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3164]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 208--SPEEDY TRIAL
Sec. 3164. Persons detained or designated as being of high risk
(a) The trial or other disposition of cases involving--
(1) a detained person who is being held in detention solely
because he is awaiting trial, and
(2) a released person who is awaiting trial and has been
designated by the attorney for the Government as being of high risk,
shall be accorded priority.
(b) The trial of any person described in subsection (a)(1) or (a)(2)
of this section shall commence not later than ninety days following the
beginning of such continuous detention or designation of high risk by
the attorney for the Government. The periods of delay enumerated in
section 3161(h) are excluded in computing the time limitation specified
in this section.
(c) Failure to commence trial of a detainee as specified in
subsection (b), through no fault of the accused or his counsel, or
failure to commence trial of a designated releasee as specified in
subsection (b), through no fault of the attorney for the Government,
shall result in the automatic review by the court of the conditions of
release. No detainee, as defined in subsection (a), shall be held in
custody pending trial after the expiration of such ninety-day period
required for the commencement of his trial. A designated releasee, as
defined in subsection (a), who is found by the court to have
intentionally delayed the trial of his case shall be subject to an order
of the court modifying his nonfinancial conditions of release under this
title to insure that he shall appear at trial as required.
(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat. 2081;
amended Pub. L. 96-43, Sec. 7, Aug. 2, 1979, 93 Stat. 329.)
Amendments
1979--Pub. L. 96-43, Sec. 7(1), substituted ``Persons detained or
designated as being of high risk'' for ``Interim limits'' in section
catchline.
Subsec. (a). Pub. L. 96-43, Sec. 7(2), struck out provisions
limiting the trial priority to be accorded persons specified in cls. (1)
and (2) of this subsection to the interim period commencing ninety days
following July 1, 1975 and ending on the date immediately preceding the
date on which the time limits provided for under section 3161(b) and (c)
of this title become effective.
Subsec. (b). Pub. L. 96-43, Sec. 7(3), struck out provisions making
trial priority provisions of this subsection applicable during an
interim period only and requiring the trial of any person detained or
designated by the government as being of high risk on or before the
first day of such interim period to commence no later than ninety days
following the first day of the period and inserted provision excluding
the periods of delay specified in section 3161(h) of this title in
computing the time limitation of this section.
