US Code

Public Law 119-73 (01/23/2026)

18 U.S.C. § 3141

Release and detention authority generally

(a)

Pending Trial .—

section 3041 of this titleA judicial officer authorized to order the arrest of a person under 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.

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

Editorial Notes

Prior Provisions

June 25, 1948, ch. 64562 Stat. 821Pub. L. 89–465, § 5(b)80 Stat. 217section 203(a) of Pub. L. 98–473A prior section 3141, acts , ; , , , 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 .

Amendments

Pub. L. 99–646, § 55(a)section 3041 of this titlesection 3041 of this title1986—Subsec. (a). , (b), substituted “authorized to order the arrest of a person under 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 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”.

Pub. L. 99–646, § 55(a)Subsec. (b). , substituted “under this chapter” for “pursuant to the provisions of this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–646, § 55(j)100 Stat. 3611

“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 [].”
, , , provided that:

Short Title of 2004 Amendment

Pub. L. 108–458, title VI, § 6951118 Stat. 3775

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

Short Title of 1990 Amendment

Pub. L. 101–647, title IX, § 901104 Stat. 4826

“This title [amending sections 3143 and 3145 of this title] may be cited as the ‘Mandatory Detention for Offenders Convicted of Serious Crimes Act’.”
, , , provided that:

Short Title of 1984 Amendment

Pub. L. 98–473, title II, § 20298 Stat. 1976

Pub. L. 98–473section 636 of Title 28“This chapter [chapter I (§§ 202–210) of title II of , enacting sections 3062 and 3141 to 3150 of this title, amending sections 3041, 3042, 3154, 3156, 3731, 3772, and 4282 of this title and , 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’.”
, , , provided that:

Short Title of 1982 Amendment

Pub. L. 97–267, § 196 Stat. 1136

section 604 of Title 28“That this Act [amending sections 3152 to 3155 of this title and , 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’.”
, , , provided:

Short Title

Pub. L. 89–465, § 180 Stat. 214

“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’.”
, , , provided:

Purpose of Bail Reform Act of 1966

Pub. L. 89–465, § 280 Stat. 214

“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.”
, , , provided that: