80 STAT. 217

74 Stat. 738.

62 Stat. 815.

Effective date.

SEC. 4. The first paragraph of section 3568 of title 18, United States Code, is amended to read as follows:

"The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which such person is received at the penitentiary, reformatory, or jail for service of such sentence. The Attorney General shall give any such person credit toward service of his sentence for any days spent in custody in connection with the offense or acts for which sentence was imposed. As used in this section, the term 'offense' means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress."

SEC. 5. (a) The first sentence of section 3041 of title 18, United States Code, is amended by striking out "or bailed" and inserting in lieu thereof "or released as provided in chapter 207 of this title".

(b) Section 3141 of such title is amended by striking out all that follows "offenders," and inserting in lieu thereof the following: "but only a court of the United States having original jurisdiction in criminal cases, or a justice or judge thereof, may admit to bail or otherwise release a person charged with an offense punishable by death.” (c) Section 3142 of such title is amended by striking out "and admitted to bail” and inserting in lieu thereof "who is released on the execution of an appearance bail bond with one or more sureties".

(d) Section 3143 of such title is amended by striking out "admitted to bail" and inserting in lieu thereof "released on the execution of an appearance bail bond with one or more sureties".

(e) (1) The heading to chapter 207 of such title is amended by striking out "BAIL" and inserting in lieu thereof "RELEASE".

(2) The table of contents to part II of such title is amended by striking out "207. Bail" and inserting in lieu thereof “207. Release

SEC. 6. This Act shall take effect ninety days after the date on which it is enacted: Provided, That the provisions of section 4 shall be applicable only to sentences imposed on or after the effective date. Approved June 22, 1966.

89th Congress, H. R. 15860
July 26, 1966

An Act

To establish the District of Columbia Bail Agency, and for other purposes.

80 STAT. 327

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may D. C. Bail be cited as the "District of Columbia Bail Agency Act".

SEC. 2. There is hereby created for the District of Columbia the District of Columbia Bail Agency (hereinafter referred to as the" "agency") which shall secure pertinent data and provide for any judicial officer in the District of Columbia reports containing verified information concerning any individual with respect to whom a bail determination is to be made.

SEC. 3. As used in this Act

(1) the term "judicial officer" means, unless otherwise indicated, the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit, the District of Columbia Court of Appeals, United States District Court for the District of Columbia, the District of Columbia Court of General Sessions, and the Juvenile Court of the District of Columbia (but only with respect to proceedings under Section 11-1556 of the D.C. Code) or any justice or judge of such courts or a United States Commissioner; and

(2) The term "bail determination" means any order by a judicial officer respecting the terms and conditions of release (including any order setting the amount of bail bond or any other kind of security given to assure appearance in court) of—

(A) any person arrested in the District of Columbia, or (B) any material witness in any criminal proceeding in a court referred to in paragraph (1),

Agency Act.

Definitions.

80 STAT. 217

Sec. 4. The first paragraph of section 3568 of title 18, United States 74 Stat. 738. Code, is amended to read as follows:

“The sentence of imprisonment of any person convicted of an of. fense shall commence to run from the date on which such person is received at the penitentiary, reformatory, or jail for service of such sentence. The Attorney General shall give any such person credit toward service of his sentence for any days spent in custody in connection with the offense or acts for which sentence was imposed. As used in this section, the term 'offense' means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress."

SEC. 5. (a) The first sentence of section 3041 of title 18, United 62 Stat. 815. States Code, is amended by striking out "or bailed" and inserting in

lieu thereof “or released as provided in chapter 207 of this title”.

(b) Section 3141 of such title is amended by striking out all that follows “offenders,” and inserting in lieu thereof the following: “but only a court of the United States having original jurisdiction in criminal cases, or a justice or judge thereof, may admit to bail or otherwise release a person charged with an offense punishable by death."

(c) Section 3142 of such title is amended by striking out "and admitted to bail” and inserting in lieu thereof “who is released on the execution of an appearance bail bond with one or more sureties”.

(d) Section 3143 of such title is amended by striking out "admitted to bail” and inserting in lieu thereof “released on the execution of an appearance bail bond with one or more sureties”.

(e) (1) The heading to chapter 207 of such title is amended by striking out “BAIL” and inserting in lieu thereof “RELEASE”.

(2) The table of contents to part II of such title is amended by

striking out“ 207. Bail" and inserting in lieu thereof “207. Release”. Effective date. Sec. 6. This Act shall take effect ninety days after the date on which

it is enacted: Provided, That the provisions of section 4 shall be appli-
cable only to sentences imposed on or after the effective date.

Approved June 22, 1966.

SE any

Dist. miss tion office with ent secur avail. & Wri judic a reco or of

the port the C and to The

r

LEGISLATIVE HISTORY :

HOUSE REPORT No. 1541 (Comm. on Judiciary).
SENATE REPORT No. 750 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:

Vol. lll (1965): Sept. 21, considered and passed Senate.
Vol. 112 (1966): June 7, considered and passed House,

amended.
June 9, Senate concurred in House

the pe

ment, verifie

(b) or jus report pendin

89th Congress, H. R. 15860

July 26, 1966

An Act

80 STAT. 327

To establish the District of Columbia Bail Agency, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may D. C. Bail be cited as the “District of Columbia Bail Agency Act”.

Agency Act Sec. 2. There is hereby created for the District of Columbia the District of Columbia Bail Agency (hereinafter referred to as the's "agency") which shall secure pertinent data and provide for any judicial officer in the District of Columbia reports containing verified information concerning any individual with respect to whom a bail determination is to be made. Sec. 3. As used in this Act,

Definitions. (1) the term “judicial officer” means, unless otherwise indicated, the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit, the District of Columbia Court of Appeals, United States District Court for the District of Columbia, the District of Columbia Court of General Sessions, and the Juvenile Court of the District of Columbia (but only with respect to proceedings under Section 11-1556 of the D.C. Code) or any justice or judge of such courts or a United States Commissioner; and

(2) The term “bail determination" means any order by a judi. cial officer respecting the terms and conditions of release (including any order setting the amount of bail bond or any other kind of security given to assure appearance in court) of

(A) any person arrested in the District of Columbia, or

(B) any material witness in any criminal proceeding in a

court referred to in paragraph (1), for trial or sentencing or pending appeal. Sec. 4. (a) The agency shall, except when impracticable, interview any person detained pursuant to law or charged with an offense in the District of Columbia who is to appear before a United States Commissioner or whose case arose in or is before any court named in section 3(1) of this Act. Such interview when requested by a judicial officer shall also be undertaken with respect to any person charged with intoxication or traffic violation. The agency shall seek independ- Report. ent verification of information obtained during the interview, shall secure any such person's prior criminal record which shall be made available by the Metropolitan Police Department, and shall prepare a written report of such information for submission to the appropriate judicial officer. The agency shall present such report with or without à recommendation for release on personal recognizance, personal bond, or other nonfinancial conditions, but with no other recommendation, to the appropriate judicial officer and shall provide copies of such report to the United States Attorney for the District of Columbia, to the Corporation Counsel of the District of Columbia (if pertinent) and to counsel for the person concerning whom the report is made. The report shall include but not be limited to information concerning the person accused, his family, his community ties, residence, employment, prior criminal record if any, and may include such additional verified information as may become available to the agency.

(b) The agency when requested by any appellate court or a judge or justice thereof, or by any other judicial officer, shall furnish a report as provided in section 4(a) respecting any person whose case is pending before any such appellate court or judicial officer or in whose

80 STAT. 328

Ante. p. 214.
Executive com-
mittee.
Membership.

Director.

behalf an application for a bail determination shall have been submitted.

(c) Such information as may be contained in the agency's files or presented in its report or which shall be divulged during the course of any hearing shall be used only for the purpose of a bail determination and shall otherwise be confidential except for members of the agency staff, and such members shall not be subject to subpena concerning information in their possession and such information shall not be the subject of court process for use in any other proceeding.

(d) The preparation by the agency and the submission of its report as provided in section 4 shall be accomplished at the earliest practicable opportunity.

(e) A judicial officer in making a bail determination shall consider the agency's report and its accompanying recommendation, if any. The judicial officer may impose such terms and set such conditions upon release as shall appear warranted by the facts presented, except that such judicial officer may not establish any term or condition for release not otherwise authorized by law (including the Bail Reform Act of 1966 (Public Law 89-465)).

Sec. 5. (a) The agency shall function under authority of and be responsible to an executive committee of five members of which three shall constitute a quorum. The executive committee shall be composed of the respective chief judges of the United States Court of Appeals for the District of Columbia Circuit, the United States District Court for the District of Columbia, the District of Columbia Court of Appeals, the District of Columbia Court of General Sessions, or if circumstances may require, the designee of any such chief judge; and a fifth member who shall be selected by such chief judges.

(b) Within thirty days of the date of enactment of this Act, the executive committee shall meet and shall appoint a Director of the Agency who shall be a member of the bar of the District of Columbia.

Sec. 6. The Director of the agency shall be responsible for the supervision and execution of the duties of the agency. The Director shall receive such compensation as may be set by the executive committee but not in excess of that amount classified as GS-15 in the Classifcation Act of 1949, as amended. The Director shall hold office at the pleasure of the executive committee.

Sec. 7. The Director, subject to the approval of the executive committee, shall employ a chief assistant and such assisting and clerical staff and may make assignments of such agency personnel as may be necessary properly to conduct the business of the agency. The staff of the agency, other than clerical, shall be drawn from law students, graduate students, or such other available sources as may be approved by the executive committee. The chief assistant to the Director shall receive compensation as may be set by the executive committee, but in an amount not in excess of that classified as GS-11 in the Classification Act of 1949, as amended, and shall hold office at the pleasure of the executive committee. All other employees of the agency shall receive compensation as set by the executive committee, but in amounts not in excess of that classified as GS-7 in said Classification Act; salaries of clerical personnel shall be set at levels comparable to those allowed in the offices of the Legal Aid Agency and the United States Attorney for the District of Columbia. From time to time, the Director, subject to the approval of the executive committee, may set merit and longevity salary increases.

Sec. 8. The Director shall on June 15 of each year submit to the executive committee a report as to the agency's administration of its

Ante, p. 288.

Personnel, employment and classification.

Report to executive committee,