18 U.S.C. §3154 describes the functions and powers relating to pretrial services. The statute includes 14 particular functions, and a broader clause allowing the performance of any other functions specified under the chapter.

One of the most important pretrial functions involves overseeing pretrial release. Under the statute, the first pretrial service function includes collecting, verifying, and reporting to the judicial officer any information pertaining to the pretrial release on an individual charged with an offense. Relevant information includes any potential danger that the release of the individual may pose to another person, or to the community, and can include recommendations onto whether or not the individual should be released, and under what conditions release would be appropriate. Along the same vein, the statute allows review and modification of the pretrial release information and provides for supervision of any person released into custody.

The specifics of pretrial release are discussed in 18 U.S.C. §3142, titled “Release or detention of a defendant pending trial.” Under the section, a judicial officer may issue an order for a person pending trial to receive one of four outcomes. First, the person charged with the offense may be released on personal recognizance or unsecured bond under §3142(b). An unsecured bond refers to an obligation not backed by assets, including cash or other property. The statute grants authority to the courts to determine the amount of the unsecured bond, if applicable. This option is subject to the condition that the person may not commit any additional crimes during the period of release and must cooperate in DNA sample collection when the sample is authorized under the DNA Analysis Backlog Elimination Act of 2000. Release on personal recognizance or unsecured bond is allowable when the release will not endanger the safety of another, or the community, and the release will not interfere with that person’s appearance in any required court proceedings.

Additionally, a person may be released on conditions under §3142(c). This option is available when release under §3142(b) would either endanger the safety of another, or the community, or will not reasonably assure the appearance of that person as required. Release on condition, like release on personal recognizance or unsecured bond, is subject to the condition that the person may not commit additional crimes and must cooperated in DNA sample collection is applicable. The statute provides thirteen possible conditions of release, with a fourteenth provision granting broad authority to “satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.” While this provision serves as a catch-all to protect the established governmental interest in community safety and making defendants appear at required proceedings, the thirteen previous provisions encompass a wide range of conditions. These provisions include remaining in the custody of a designated person; maintaining or actively seeking employment; maintaining or commencing an education program; restrictions on associations, residence, and travel; avoiding contact with alleged victims and witnesses; reporting regularly to designated law enforcement or pretrial service agencies; specified curfew; refraining from possession a firearm or dangerous weapon; refraining from excessive alcohol use or controlled substance use; undergoing medical or psychiatric treatment; returning to custody for specified hours; executing an agreement to forfeit property upon failure to appear; and executing a bail bond, which will be forfeited if the person does not appear. These conditions, taken in tandem with §3142(b), demonstrate the three ways to make bond: cash, using property as collateral, and on personal recognizance or unsecured bond. These conditions, as applied to specific accused offenders, are subject to amendment by the judicial officer, with the caveat that the judicial officer may not impose a financial condition that results in pretrial detention.

The third option for pretrial release is temporary detention to permit revocation of conditional release, deportation, or exclusion under §3142(c). This section applies when the person was pending trial for a felony, pending sentencing or an appeal for any offense, or on probation or parole for any offense. The section also applied when the accused offender is not a U.S. citizen, or an otherwise lawful permanent resident, or the person may flee or post a threat to another individual or to the community. When these conditions are met, the judicial officer has the authority to order temporary detention for no more than ten days.

When, after a detention hearing, the judicial officer cannot find a combination of conditions that prevent danger to another or the broader community and will not ensure the accused individual’s attendance at necessary proceedings, the judicial officer may order detention under §3142(d). A rebuttable presumption that a person falls under §3142(d) arises when that person has been convicted of a Federal offense that involves either a crime of violence with an associated term of imprisonment of 10 years or more; an offense with a maximum sentence of death or life imprisonment; an offense under the Controlled Substances Act or the Controlled Substances Import and Export Act with an associated maximum sentences of 10 years or more; a felony committed after two or more crimes of violence or two or more offenses involving controlled substances; or any felony that involves a minor victim or the possession of a firearm or other dangerous weapon. While the rebuttable presumption arises due to the criminal history and offense at issue, the judicial officer may also order detention when there is a serious risk that the person will either flee or obstruct justice. The rebuttable presumption is specifically applicable to pretrial release and does not interfere with the defendant’s presumption of innocence for the offense itself.

§3142(g) provides a list of factors for the judicial officer to consider when determining whether or not the individual charged with an offense may be released pending trial. These factors include the nature and circumstances of the offense; weight of the evidence against the individual; history and characteristics of the person, including parole or probation status, the status of other pending trials, and other personal history; and the seriousness of the danger to any person or to the community at large. These factors are designed to help the judicial officer gauge the potential danger to the community or to a particular person, and whether or not the defendant will appear as required. The analysis of these factors is fact-intensive, as demonstrated by the recent case of United States v. Melissa Lynn Mione McGee, from the United States District Court for the Middle District of Alabama. In McGee, the Court found that, because her offense involved minor victims, McGee posed a danger to the community under §3142(g) and was therefore ineligible for a reduction in sentence or compassionate release. The case demonstrates the direct applicability of the §3142(g) factors when considering whether or not an individual is considered a danger to the community and ineligible for pretrial release.

Certain pretrial functions under §3154 closely relate to the provisions of §3142, creating an interwoven framework governing pretrial matters. In some cases, pretrial release involves releasing the individual into custody of a residential halfway house, addict and alcoholic treatment center, or counseling services. Under the statute, pretrial functions provide for the operation or contract with such facilities to monitor and provide treatment and nontreatment services to any person released into the particular community. The statute permits use of funds to provide equipment, emergency housing, corrective and preventative guidance and training, and other services deemed necessary to protect the public and ensure court appearances as required. This provision underscores the public interest in providing adequate treatment to reduce the likelihood of reoffending, as well as the balance between the needs of the individual and the needs of society. This balance is further underscored by provisions granting assistant to people released under the chapter, enabling them to secure employment, medical, social, and legal services. Additionally, the section provides for coordination between local agencies eligible to serve as custodians, further advancing the goal of balancing the interests of both the accused individual and the rest of society.

The §3154 pretrial functions also address monitoring and ensuring the conditions of release are followed. Under §3154, one of the pretrial service functions requires informing the court and the United States attorney of any violations of the pretrial release conditions. The statute also grants authority to develop and implement a monitoring system. These systems extend to the evaluation of bail activities, with the ultimate goal of improving the bail process. Ankle monitors are commonly used to facilitate the monitoring process, granting law enforcement the ability to ensure the individual follows the conditions of their release, including house arrest. These provisions provide the counterbalance for the provisions offering services and protection for the accused individual, providing channels for law enforcement to ensure that the released individual does not become a threat to anyone else.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case in the Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, or any federal jurisdiction in the Eleventh Circuit, including Alabama, Florida, and Georgia, contact Joe Ingram or Joe Ingram Law, LLC at 205-335-2640. Get Relief Get Results.