Bress, David, Esq., U.S. attorney for the District of Columbia.. ar Danaher, Hon. John A., judge, U.S. Court of Appeals for the District of Danaher, Hon. John A., U.S. circuit judge, Chairman, Judicial Conference, Committee on Bail Problems, letter dated June 3, 1965, to Senator Bible Letter dated June 9, 1966, to Chairman Whitener, submitting proposed Letter dated June 10, 1966, to Chairman Whitener, submitting District of Columbia government, Hon. Walter N. Tobriner, President, Board of Commissioners, letter dated June 7, 1966, to Chairman McMillan, reporting on H.R. 15065_- Judicial Conference of the District of Columbia Circuit: Resolution of May 13, 1965, making recommendations as to credit for sentences, bail determinaters, and the drafting of bail agency Leigh v. United States (8 S. Ct. 994), opinion by Chief Justice Warren__. Federal Bail Reform Act of 1966 (Public Law 89-465) - House Report 1541, House Judiciary Committee, on the Bail Reform Act 68 DISTRICT OF COLUMBIA BAIL AGENCY WEDNESDAY, JUNE 8, 1966 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The Subcommittee met, pursuant to notice, at 9:30 o'clock a.m., in Room 1310, Longworth House Office Building, Honorable Basil Whitener (Chairman of the Subcommittee), presiding. Present: Representatives Whitener (Chairman of the Subcommittee), Fuqua, and Nelsen. Also Present: James T. Clark, Clerk; Hayden S. Garber, Counsel; Donald Tubridy, Minority Clerk; and Leonard O. Hilder, Investigator. Mr. WHITENER. The Subcommittee will come to order. We will proceed to hear testimony on H.R. 15065, a bill to establish a fact-reporting bail agency in the courts of the District of Columbia and for other purposes, and H.R. 15242, on identical bill. At this point in the record we will insert the bills into the record. (H.R. 15065 and H. R. 15242 follow:) (H.I.. 15065, 89th Cong., 1st sess., by Mr. Whitener on May 16, 1966, and H.R. 15242 by Mr. Nelsen on May 24, 1966) A BILL To establish a fact-reporting bail agency in courts of the District of Columbia, 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 be cited as the "District of Columbia Bail Agency Act". SEC. 2. There is hereby created for the District of Columbia a bail agency which shall secure pertinent data and provide for any court or 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 (a) The term "judicial officer" means, unless otherwise indicated, the United States Court of Appeals for the District of Columbia Circuit, the District of Columbia Court of Appeals, the United States District Court for the District of Columbia, and the District of Columbia Court of General Sessions, or any judge of any of said courts, a United States Commissioner and, when applicable, the Supreme Court of the United States or a Justice thereof; and (b) The term "bail" means "bail" as used in chapter 207 of title 18, United States Code; when applicable as used in rules 46, 38, and 32 of the Federal Rules of Criminal Procedure and rules of court in the District of Columbia; as used in sections 23-106 and 404 District of Columbia Code (1961), title 16-806 District of Columbia Code (1961), and as used in chapter 6 of title 23, District of Columbia Code (1961); and (c) The term "bail determination" means any order by any judicial officer respecting the amount of bail, or terms and conditions of release of any person arrested in the District of Columbia for any offense except a charge of intoxication or traffic violation, and shall include a like order respecting any person deemed to be a material witness in any criminal proceeding in the District of Columbia; and (d) The term "bail agency" means the agency herein created. 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." subject to section 3(b), who is to appear before a United States Commissioner o whose case arose in or is before any court in the District of Columbia. The agency shall seek independent 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 such information for submission to the appropriate judicial officer. The agency shall present such report with or without a recommendation for release on persona. 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 representative of the United States attorney, to the representative of 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 shall provide a report as provided in section 4(a) respecting any person whose case is pending before any such appellate court, or to which 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 and pursuant to the provisions of the statutes and rules of P court specified in section 3(b), and whenever applicable, pursuant to the provisions of the "Bail Reform Act of 1966", and otherwise as authorized by law. 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, c 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 the said 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 Classification 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 responsibilities for f ba of C Re WO fac Co avi to be the previous period of June 1 through May 31, a copy of which report will be Dtransmitted by the executive committee to the Congress of the United States, and to the Administrative Office of the United States Courts. The Director shall include in his report, to be prepared as directed by the Administrative Office, a d statement of financial condition, revenues, and expenses for the past June 1 through May 31 period. Cam SEC. 9. For the purpose of carrying out the provisions of this Act, there are authorized to be appropriated to the judiciary such sums as may be necessary which shall be disbursed by the Administrative Office of the United States Courts. The Administrative Office so far as is possible will follow its standard fiscal practices. Budget estimates for the agency shall be prepared by the Director and shall be subject to the approval of the executive committee. SEC. 10. (a) When imposing a sentence of imprisonment of any person conThevicted of an offense in the court of general sessions or in the United States district court, the sentencing judge shall give credit toward the service of such sentence as may be imposed for any days spent in custody while awaiting trial, or prior to the imposition of sentence, if it shall appear that such person shall have been so incarcerated solely because of his financial inability to provide bail as determined by any judicial officer: Provided, That such credit shall not be afforded to any such person who, after a bail determination, shall have violated the terms or conditions of his release by the commission of another offense while at liberty. (b) The provisions of section 10(a) shall not be deemed to have repealed or modified any provision of section 3568 of title 18, United States Code. SEC. 11. Whoever, having been released pursuant to law or as set forth in section 4 of this Act, willfully fails to appear before any judicial officer as required by the terms of any bail determination, shall, subject to the provisions of the Federal Rules of Criminal Procedure, incur a forfeiture of any security which was given or pledged for his release, and, in addition, shall (1) if he was released in connection with a charge of felony, or while awaiting sentence or pending appeal or certiorari after conviction of any offense, be fined not more than $5,000 or imprisoned not more than 5 years, or both, or (2) if he was released in connection with a charge of misdemeanor, be fined not more than the maximum provided for such misdemeanor or imprisoned for not more than one year, or both, or (3) if he was released for appearance as a material witness, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. SEC. 12. (a) Except as provided in subsection (b) hereof, this Act shall take effect on the date of its enactment. (b) Sections 6, 7, and 8 shall take effect on the date of enactment of the first Act appropriating moneys to carry out the purposes of this Act which is enacted after the date of enactment of this Act, and section 4 shall take effect on the ninetieth day after the date of enactment of said first appropriation Act. Mr. WHITENER. I introduced this bill, to establish a fact-reporting bail agency in the courts of the District of Columbia for the District of Columbia Circuit, at the request of the circuit judges of the U.S. Court of Appeals, who met in council on May 11, 1966. This legislation has been thoroughly considered by the judges of the Circuit Court of Appeals and represents the thinking of many knowledgeable persons in the field of criminal jurisprudence. It is drafted to implement the provisions of the now pending Federal Bail Reform Act of 1966.* It has as its basic purpose the establishment of a system whereby worthy defendants in criminal cases may have an orderly procedure available to them and to the courts for the determination of the preliminary question of bailability, amount of bail, and other relevant factors which are daily passed upon by the judges in the District of Columbia. In addition, the fact-reporting entity will also make its services available upon request to the judges of the U.S. Court of Appeals and to any Justice of the Supreme Court whenever bail pending appeal becomes an issue. *Subsequently this was approved June 22, 1966, as Public Law 89-465 (See Appendix, p. 39). |