---
kind: "range"
citation: "18 U.S.C. §§ 3145–3148"
title: "18"
from: "3145"
to: "3148"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/18/3145..3148"
---

# §3145. Review and appeal of a release or detention order

- (a) **Review of a Release Order.—** If a person is ordered released by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the [offense](/usc/18/3156.md?p=a-2) and other than a Federal appellate court—
  - (1) the attorney for the Government may file, with the court having original jurisdiction over the [offense](/usc/18/3156.md?p=a-2), a motion for revocation of the order or amendment of the conditions of release; and
  - (2) the person may file, with the court having original jurisdiction over the [offense](/usc/18/3156.md?p=a-2), a motion for amendment of the conditions of release.

  The motion shall be determined promptly.

- (b) **Review of a Detention Order.—** If a person is ordered detained by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the [offense](/usc/18/3156.md?p=a-2) and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the [offense](/usc/18/3156.md?p=a-2), a motion for revocation or amendment of the order. The motion shall be determined promptly.
- (c) **Appeal From a Release or Detention Order.—** An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of [section 1291 of title 28](/usc/28/1291.md) and [section 3731 of this title](/usc/18/3731.md). The appeal shall be determined promptly. A person subject to detention pursuant to section [3143(a)(2)](/usc/18/3143.md?p=a-2) or [(b)(2)](/usc/18/3143.md?p=b-2), and who meets the conditions of release set forth in section [3143(a)(1)](/usc/18/3143.md?p=a-1) or [(b)(1)](/usc/18/3143.md?p=b-1), may be ordered released, under appropriate conditions, by the [judicial officer](/usc/18/3156.md?p=a-1), if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate.

# §3146. Penalty for failure to appear

- (a) **Offense.—** Whoever, having been released under this chapter knowingly—
  - (1) fails to appear before a court as required by the conditions of release; or
  - (2) fails to surrender for service of sentence pursuant to a court order;

  shall be punished as provided in [subsection (b)](#b) of this section.

- (b) **Punishment.—**
  - (1) The punishment for an [offense](/usc/18/3156.md?p=a-2) under this section is—
    - (A) if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for—
      - (i) an [offense](/usc/18/3156.md?p=a-2) punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both;
      - (ii) an [offense](/usc/18/3156.md?p=a-2) punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both;
      - (iii) any other [felony](/usc/18/3156.md?p=a-3), a fine under this title or imprisonment for not more than two years, or both; or
      - (iv) a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and
    - (B) if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both.
  - (2) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other [offense](/usc/18/3156.md?p=a-2).
- (c) **Affirmative Defense.—** It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.
- (d) **Declaration of Forfeiture.—** If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to [section 3142(b) of this title](/usc/18/3142.md?p=b) or is subject to the release condition set forth in clause (xi) or (xii) of [section 3142(c)(1)(B) of this title](/usc/18/3142.md?p=c-1-B), the [judicial officer](/usc/18/3156.md?p=a-1) may, regardless of whether the person has been charged with an [offense](/usc/18/3156.md?p=a-2) under this section, declare any property designated pursuant to that section to be forfeited to the [United States](/usc/18/5.md).

# §3147. Penalty for an offense committed while on release


A person convicted of an [offense](/usc/18/3156.md?p=a-2) committed while released under this chapter shall be sentenced, in addition to the sentence prescribed for the [offense](/usc/18/3156.md?p=a-2), to—

- (1) a term of imprisonment of not more than ten years if the [offense](/usc/18/3156.md?p=a-2) is a [felony](/usc/18/3156.md?p=a-3); or
- (2) a term of imprisonment of not more than one year if the [offense](/usc/18/3156.md?p=a-2) is a misdemeanor.

A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.


# §3148. Sanctions for violation of a release condition

- (a) **Available Sanctions.—** A person who has been released under [section 3142 of this title](/usc/18/3142.md), and who has violated a condition of his release, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court.
- (b) **Revocation of Release.—** The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a motion with the district court. A [judicial officer](/usc/18/3156.md?p=a-1) may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a [judicial officer](/usc/18/3156.md?p=a-1) in the district in which such person’s arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, [State](/usc/18/3156.md?p=a-5), or local crime during the period of release, shall be brought before the [judicial officer](/usc/18/3156.md?p=a-1) who ordered the release and whose order is alleged to have been violated. The [judicial officer](/usc/18/3156.md?p=a-1) shall enter an order of revocation and detention if, after a hearing, the [judicial officer](/usc/18/3156.md?p=a-1)—
  - (1) finds that there is—
    - (A) probable cause to believe that the person has committed a Federal, [State](/usc/18/3156.md?p=a-5), or local crime while on release; or
    - (B) clear and convincing evidence that the person has violated any other condition of release; and
  - (2) finds that—
    - (A) based on the factors set forth in [section 3142(g) of this title](/usc/18/3142.md?p=g), there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or
    - (B) the person is unlikely to abide by any condition or combination of conditions of release.

  If there is probable cause to believe that, while on release, the person committed a Federal, [State](/usc/18/3156.md?p=a-5), or local [felony](/usc/18/3156.md?p=a-3), a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the [judicial officer](/usc/18/3156.md?p=a-1) finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the [judicial officer](/usc/18/3156.md?p=a-1) shall treat the person in accordance with the provisions of [section 3142 of this title](/usc/18/3142.md) and may amend the conditions of release accordingly.

- (c) **Prosecution for Contempt.—** The [judicial officer](/usc/18/3156.md?p=a-1) may commence a prosecution for contempt, under [section 401 of this title](/usc/18/401.md), if the person has violated a condition of release.