§ 3174. — Judicial emergency and implementation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3174]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 208--SPEEDY TRIAL
Sec. 3174. Judicial emergency and implementation
(a) In the event that any district court is unable to comply with
the time limits set forth in section 3161(c) due to the status of its
court calendars, the chief judge, where the existing resources are being
efficiently utilized, may, after seeking the recommendations of the
planning group, apply to the judicial council of the circuit for a
suspension of such time limits as provided in subsection (b). The
judicial council of the circuit shall evaluate the capabilities of the
district, the availability of visiting judges from within and without
the circuit, and make any recommendations it deems appropriate to
alleviate calendar congestion resulting from the lack of resources.
(b) If the judicial council of the circuit finds that no remedy for
such congestion is reasonably available, such council may, upon
application by the chief judge of a district, grant a suspension of the
time limits in section 3161(c) in such district for a period of time not
to exceed one year for the trial of cases for which indictments or
informations are filed during such one-year period. During such period
of suspension, the time limits from arrest to indictment, set forth in
section 3161(b), shall not be reduced, nor shall the sanctions set forth
in section 3162 be suspended; but such time limits from indictment to
trial shall not be increased to exceed one hundred and eighty days. The
time limits for the trial of cases of detained persons who are being
detained solely because they are awaiting trial shall not be affected by
the provisions of this section.
(c)(1) If, prior to July 1, 1980, the chief judge of any district
concludes, with the concurrence of the planning group convened in the
district, that the district is prepared to implement the provisions of
section 3162 in their entirety, he may apply to the judicial council of
the circuit in which the district is located to implement such
provisions. Such application shall show the degree of compliance in the
district with the time limits set forth in subsections (b) and (c) of
section 3161 during the twelve-calendar-month period preceding the date
of such application and shall contain a proposed order and schedule for
such implementation, which includes the date on which the provisions of
section 3162 are to become effective in the district, the effect such
implementation will have upon such district's practices and procedures,
and provision for adequate notice to all interested parties.
(2) After review of any such application, the judicial council of
the circuit shall enter an order implementing the provisions of section
3162 in their entirety in the district making application, or shall
return such application to the chief judge of such district, together
with an explanation setting forth such council's reasons for refusing to
enter such order.
(d)(1) The approval of any application made pursuant to subsection
(a) or (c) by a judicial council of a circuit shall be reported within
ten days to the Director of the Administrative Office of the United
States Courts, together with a copy of the application, a written report
setting forth in sufficient detail the reasons for granting such
application, and, in the case of an application made pursuant to
subsection (a), a proposal for alleviating congestion in the district.
(2) The Director of the Administrative Office of the United States
Courts shall not later than ten days after receipt transmit such report
to the Congress and to the Judicial Conference of the United States. The
judicial council of the circuit shall not grant a suspension to any
district within six months following the expiration of a prior
suspension without the consent of the Congress by Act of Congress. The
limitation on granting a suspension made by this paragraph shall not
apply with respect to any judicial district in which the prior
suspension is in effect on the date of the enactment of the Speedy Trial
Act Amendments Act of 1979.
(e) If the chief judge of the district court concludes that the need
for suspension of time limits in such district under this section is of
great urgency, he may order the limits suspended for a period not to
exceed thirty days. Within ten days of entry of such order, the chief
judge shall apply to the judicial council of the circuit for a
suspension pursuant to subsection (a).
(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat. 2085;
amended Pub. L. 96-43, Sec. 10, Aug. 2, 1979, 93 Stat. 331.)
References in Text
The date of enactment of the Speedy Trial Act Amendments Act of
1979, referred to in subsec. (d)(2), means the date of enactment of Pub.
L. 96-43, which was approved Aug. 2, 1979.
Amendments
1979--Pub. L. 96-43, Sec. 10(6), inserted ``and implementation'' in
section catchline.
Subsec. (a). Pub. L. 96-43, Sec. 10(1), inserted ``as provided by
subsection (b)''.
Subsec. (b). Pub. L. 96-43, Sec. 10(2), (3), substituted provisions
authorizing the circuit judicial council, upon application of the chief
judge of a district, to grant a suspension of the time limits prescribed
by section 3161(c) of this title for provisions requiring such circuit
council to apply to the Judicial Council of the United States for a
suspension of such time limits and substituted provision placing a one
hundred and eighty day limit on any time increase from indictment to
trial for provision placing such limit for any increase from arraignment
to trial.
Subsec. (c). Pub. L. 96-43, Sec. 10(4), substituted provisions
authorizing the chief judge of any district, with the approval of the
planning group convened in such district, to apply to the circuit
council to implement the provisions of section 3162 of this title at any
time prior to the date the sanctions prescribed therein were to become
effective, so long as there was concurrence that the district was
prepared to fully implement the provisions of such section for
provisions specifying the reporting requirements of this chapter,
assuring involvement of the Congress in the suspension process, and
guaranteeing that there be an interval of at least six months between
consecutive suspension periods. See subsec. (d) of this section.
Subsecs. (d), (e). Pub. L. 96-43, Sec. 10(5), added subsecs. (d) and
(e).
Section Referred to in Other Sections
This section is referred to in sections 3163, 3165, 3167 of this
title.
