republic-os/legal/us/code/title-18/chapter-207/section-3141.md

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LegalText	18 U.S.C. § 3141	Release and detention authority generally	us	united_states_code	code_section	18	CRIMES AND CRIMINAL PROCEDURE	207	RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS	3141	18 U.S.C. § 3141	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip	/us/usc/t18/s3141	data/legal/raw/us/code/title-18/usc18.xml	8fb3122a32de8858ed88fe1919d8ea50015ee3b62c7fc2fb6102f45c1c71125c	1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708	e23d43fb3e11d2afdc68fb595ab701b3bbf37a4e79f83d45a1091a431b223607	2026-07-04	official	legal us-code

18 U.S.C. § 3141 - Release and detention authority generally

Text

(a) Pending Trial.— A judicial officer authorized to order the arrest of a person under section 3041 of this title before whom an arrested person is brought shall order that such person be released or detained, pending judicial proceedings, under this chapter.

(b) Pending Sentence or Appeal.— A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under this chapter.

(Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1976; amended Pub. L. 99–646, § 55(a), (b), Nov. 10, 1986, 100 Stat. 3607.)

Notes

Editorial Notes

Prior ProvisionsA prior section 3141, acts June 25, 1948, ch. 645, 62 Stat. 821; June 22, 1966, Pub. L. 89–465, § 5(b), 80 Stat. 217, related to powers of courts and magistrates with respect to release on bail or otherwise, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473.

Amendments1986—Subsec. (a). Pub. L. 99–646, § 55(a), (b), substituted “authorized to order the arrest of a person under section 3041 of this title before whom an arrested person is brought shall order that such person be released” for “who is authorized to order the arrest of a person pursuant to section 3041 of this title shall order that an arrested person who is brought before him be released” and “under this chapter” for “pursuant to the provisions of this chapter”. Subsec. (b). Pub. L. 99–646, § 55(a), substituted “under this chapter” for “pursuant to the provisions of this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 AmendmentPub. L. 99–646, § 55(j), Nov. 10, 1986, 100 Stat. 3611, provided that: “The amendments made by this section [amending this section and sections 3142 to 3144, 3146 to 3148, and 3156 of this title] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].”

Short Title of 2004 AmendmentPub. L. 108–458, title VI, § 6951, Dec. 17, 2004, 118 Stat. 3775, provided that: “This subtitle [subtitle K (§§ 6951, 6952) of title VI of Pub. L. 108–458, amending section 3142 of this title] may be cited as the ‘Pretrial Detention of Terrorists Act of 2004’.”

Short Title of 1990 AmendmentPub. L. 101–647, title IX, § 901, Nov. 29, 1990, 104 Stat. 4826, provided that: “This title [amending sections 3143 and 3145 of this title] may be cited as the ‘Mandatory Detention for Offenders Convicted of Serious Crimes Act’.”

Short Title of 1984 AmendmentPub. L. 98–473, title II, § 202, Oct. 12, 1984, 98 Stat. 1976, provided that: “This chapter [chapter I (§§ 202–210) of title II of Pub. L. 98–473, enacting sections 3062 and 3141 to 3150 of this title, amending sections 3041, 3042, 3154, 3156, 3731, 3772, and 4282 of this title and section 636 of Title 28, Judiciary and Judicial Procedure, repealing sections 3043 and 3141 to 3151 of this title, and amending rules 5, 15, 40, 46, and 54 of the Federal Rules of Criminal Procedure, set out in the Appendix to this title, and rule 9 of the Federal Rules of Appellate Procedure, set out in the Appendix to Title 28] may be cited as the ‘Bail Reform Act of 1984’.”

Short Title of 1982 AmendmentPub. L. 97–267, § 1, Sept. 27, 1982, 96 Stat. 1136, provided: “That this Act [amending sections 3152 to 3155 of this title and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 3141 and 3152 of this title] may be cited as the ‘Pretrial Services Act of 1982’.”

Short TitlePub. L. 89–465, § 1, June 22, 1966, 80 Stat. 214, provided: “That this Act [enacting sections 3146 to 3152 of this title, amending sections 3041, 3141 to 3143, and 3568 of this title, and enacting provisions set out as a note below] may be cited as the ‘Bail Reform Act of 1966’.”

Purpose of Bail Reform Act of 1966Pub. L. 89–465, § 2, June 22, 1966, 80 Stat. 214, provided that: “The purpose of this Act [enacting sections 3146 to 3152 of this title, amending sections 3041, 3141 to 3143, and 3568 of this title and enacting provisions set out as a note above] is to revise the practices relating to bail to assure that all persons, regardless of their financial status, shall not needlessly be detained pending their appearance to answer charges, to testify, or pending appeal, when detention serves neither the ends of justice nor the public interest.”