§ 3165. — District plansgenerally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3165]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 208--SPEEDY TRIAL
Sec. 3165. District plans--generally
(a) Each district court shall conduct a continuing study of the
administration of criminal justice in the district court and before
United States magistrate judges of the district and shall prepare plans
for the disposition of criminal cases in accordance with this chapter.
Each such plan shall be formulated after consultation with, and after
considering the recommendations of, the Federal Judicial Center and the
planning group established for that district pursuant to section 3168.
The plans shall be prepared in accordance with the schedule set forth in
subsection (e) of this section.
(b) The planning and implementation process shall seek to accelerate
the disposition of criminal cases in the district consistent with the
time standards of this chapter and the objectives of effective law
enforcement, fairness to accused persons, efficient judicial
administration, and increased knowledge concerning the proper
functioning of the criminal law. The process shall seek to avoid
underenforcement, overenforcement and discriminatory enforcement of the
law, prejudice to the prompt disposition of civil litigation, and undue
pressure as well as undue delay in the trial of criminal cases.
(c) The plans prepared by each district court shall be submitted for
approval to a reviewing panel consisting of the members of the judicial
council of the circuit and either the chief judge of the district court
whose plan is being reviewed or such other active judge of that court as
the chief judge of that district court may designate. If approved by the
reviewing panel, the plan shall be forwarded to the Administrative
Office of the United States Courts, which office shall report annually
on the operation of such plans to the Judicial Conference of the United
States.
(d) The district court may modify the plan at any time with the
approval of the reviewing panel. It shall modify the plan when directed
to do so by the reviewing panel or the Judicial Conference of the United
States. Modifications shall be reported to the Administrative Office of
the United States Courts.
(e)(1) Prior to the expiration of the twelve-calendar-month period
following July 1, 1975, each United States district court shall prepare
and submit a plan in accordance with subsections (a) through (d) above
to govern the trial or other disposition of offenses within the
jurisdiction of such court during the second and third twelve-calendar-
month periods following the effective date of subsection 3161(b) and
subsection 3161(c).
(2) Prior to the expiration of the thirty-six calendar month period
following July 1, 1975, each United States district court shall prepare
and submit a plan in accordance with subsections (a) through (d) above
to govern the trial or other disposition of offenses within the
jurisdiction of such court during the fourth and fifth twelve-calendar-
month periods following the effective date of subsection 3161(b) and
subsection 3161(c).
(3) Not later than June 30, 1980, each United States district court
with respect to which implementation has not been ordered under section
3174(c) shall prepare and submit a plan in accordance with subsections
(a) through (d) to govern the trial or other disposition of offenses
within the jurisdiction of such court during the sixth and subsequent
twelve-calendar-month periods following the effective date of subsection
3161(b) and subsection 3161(c) in effect prior to the date of enactment
of this paragraph.
(f) Plans adopted pursuant to this section shall, upon adoption, and
recommendations of the district planning group shall, upon completion,
become public documents.
(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat. 2081;
amended Pub. L. 96-43, Sec. 8, Aug. 2, 1979, 93 Stat. 329; Pub. L. 101-
647, title XXXV, Sec. 3577, Nov. 29, 1990, 104 Stat. 4929; Pub. L. 101-
650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
References in Text
For the effective date of subsection 3161(b) and subsection 3161(c)
in effect prior to the date of enactment of this paragraph, referred to
in subsec. (e), see section 3163(a) and (b) of this title. The date of
enactment of par. (3) of subsec. (e) of this section is the date of
enactment of Pub. L. 96-43, which was approved Aug. 2, 1979. Subsecs.
(a) and (b) of section 3163 of this title were not amended by Pub. L.
96-43.
Amendments
1990--Subsec. (e)(2). Pub. L. 101-647 substituted ``twelve-calendar-
month'' for ``twelve-calendar month''.
1979--Subsec. (e)(2). Pub. L. 96-43, Sec. 8(1), substituted ``fifth
twelve-calendar'' for ``subsequent twelve-calendar''.
Subsec. (e)(3). Pub. L. 96-43, Sec. 8(2), added par. (3).
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in sections 3166, 3167, 3168 of this
title.
