Page:United States Statutes at Large Volume 88 Part 2.djvu/765

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[88 STAT. 2081]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2081]

88 STAT. ]

PUBLIC LAW 93-619-JAN. 3, 1975

2081

" (b) The time limitation in section 3161(c) of this chapter— "(1) shall apply to all offenses charged in informations or indictments filed on or after the date of expiration of the twelvecalendar-month period following July 1, 1975; and "(2) shall commence to run on such date of expiration as to all offenses charged in informations or indictments filed prior to that date. "(c) Section 3162 of this chapter shall become effective after the date of expiration of the fourth twelve-calendar-month period following July 1, 1975. «§ 3164. Interim limits. is use 3i64. " (a) During an interim period commencing ninety days following interim pian. July 1, 1975 and ending on the date immediately preceding the date on which the time limits provided for under section 3161(b) and section 3161(c) of this chapter become effective, each district shall place into operation an interim plan to assure priority in the trial or other disposition of cases involving— "(1) detained persons who are being held in detention solely because they are awaiting trial, and "(2) released persons who are awaiting trial and have been designated by the attorney for the Government as being of high risk. " (b) During the period such plan is in effect, the trial of any person who falls within subsection (a)(1) or (a)(2) of this section shall commence no later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The trial of any person so detained or designated as being of high risk on or before the first day of the interim period shall commence no later than ninety days following the first day of the interim period. "(c) Failure to commence trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to commence trial of a designated releasee as specified in subiection (b), through no fault of the attorney for the Government, shall result in the au'"omatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case shall be subject to an order of the court modifying his nonfinancial conditions of release under this title to insure that he shall appear at trial as required. "§3165. District plans—generally. '^ "^^ ^les. " (a) Each district court shall conduct a continuing study of the Administrau^on administration of criminal justice in the district court and before ucer^onunu'ing United States magistrates of the district and shall prepare plans for ^tudy. the disposition of criminal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the planning group established for that district pursuant to section 3168. The plans shall be prepared in accordance with the schedule set forth in subsection (e) of this section. "(b) The planning and implementation process shall seek to accelerate the disposition of criminal cases in the district consistent with the time standards of this chapter and the objectives of effective law enforcement, fairness to accused persons, efficient judicial administration, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforcement of the law, prejudice