Notes on 18 U.S.C. § 3154 : US Code - Notes

Search Notes on 18 U.S.C. § 3154 : US Code - Notes

(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat.
2087; amended Pub. L. 97-267, Sec. 4, Sept. 27, 1982, 96 Stat.
1137; Pub. L. 98-473, title II, Sec. 203(b), Oct. 12, 1984, 98
Stat. 1984; Pub. L. 101-647, title XXXV, Sec. 3576, Nov. 29, 1990,
104 Stat. 4929; Pub. L. 102-572, title VII, Sec. 701(b), title X,
Sec. 1002, Oct. 29, 1992, 106 Stat. 4515, 4521; Pub. L. 104-317,
title I, Sec. 101(b), Oct. 19, 1996, 110 Stat. 3848.)
AMENDMENTS
1996 - Pars. (13), (14). Pub. L. 104-317 added par. (13) and
redesignated former par. (13) as (14).
1992 - Par. (1). Pub. L. 102-572, Sec. 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".
Pars. (12), (13). Pub. L. 102-572, Sec. 701(b), added par. (12)
and redesignated former par. (12) as (13).
1990 - 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).
1984 - Par. (1). Pub. L. 98-473, Sec. 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.
Par. (2). Pub. L. 98-473, Sec. 203(b)(2), substituted "section
3145" for "section 3146(e) or section 3147".
1982 - 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).
EFFECTIVE DATE OF 1992 AMENDMENT
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.
DEMONSTRATION PROGRAM FOR DRUG TESTING OF ARRESTED PERSONS AND
DEFENDANTS ON PROBATION OR SUPERVISED RELEASE
Pub. L. 100-690, title VII, Sec. 7304, Nov. 18, 1988, 102 Stat.
4464, provided that:
"(a) Establishment. - The Director of the Administrative Office
of the United States Courts shall establish a demonstration program
of mandatory testing of criminal defendants.
"(b) Length of Program. - The demonstration program shall begin
not later than January 1, 1989, and shall last two years.
"(c) Selection of Districts. - The Judicial Conference of the
United States shall select 8 Federal judicial districts in which to
carry out the demonstration program, so that the group selected
represents a mix of districts on the basis of criminal caseload and
the types of cases in that caseload.
"(d) Inclusion in Pretrial Services. - In each of the districts
in which the demonstration program takes place, pretrial services
under chapter 207 of title 18, United States Code, shall arrange
for the drug testing of defendants in criminal cases. To the extent
feasible, such testing shall be completed before the defendant
makes the defendant's initial appearance in the case before a
judicial officer. The results of such testing shall be included in
the report to the judicial officer under section 3154 of title 18,
United States Code.
"(e) Mandatory Condition of Probation and Supervised Release. -
In each of the judicial districts in which the demonstration
program is in effect, it shall be an additional, mandatory
condition of probation, and an additional mandatory condition of
supervised release for offenses occurring or completed on or after
January 1, 1989, for any defendant convicted of a felony, that such
defendant refrain from any illegal use of any controlled substance
(as defined in section 102 of the Controlled Substances Act [21
U.S.C. 802]) and submit to periodic drug tests for use of
controlled substances at least once every 60 days. The requirement
that drug tests be administered at least once every 60 days may be
suspended upon motion of the Director of the Administrative Office,
or the Director's designee, if, after at least one year of
probation or supervised release, the defendant has passed all drug
tests administered pursuant to this section. No action may be taken
against a defendant pursuant to a drug test administered in
accordance with this subsection unless the drug test confirmation
is a urine drug test confirmed using gas chromatography techniques
or such test as the Secretary of Health and Human Services may
determine to be of equivalent accuracy.
"(f) Report to Congress. - Not later than 90 days after the first
year of the demonstration program and not later than 90 days after
the end of the demonstration program, the Director of the
Administrative Office of the United States Courts shall report to
Congress on the effectiveness of the demonstration program and
include in such report recommendations as to whether mandatory drug
testing of defendants should be made more general and permanent."