HEARING BEFORE SUBCOMMITTEE NO. 5 OF THE COMMITTEE ON THE DISTRICT OF COLUMBIA HOUSE OF REPRESENTATIVES EIGHTY-NINTH CONGRESS SECOND SESSION ON H.R. 15065 and H.R. 15242 BILLS TO ESTABLISH THE DISTRICT OF COLUMBIA BAIL AGENCY JUNE 8, 1966 Printed for the use of the Committee on the District of Columbia CONTENTS H.R. 15065 (Whitener), a bill to establish a fact-reporting bail agency in Bar Association of the District of Columbia, William W. Greenhalgh, Esq., Bress, David, Esq., U.S. attorney for the District of Columbia- Department of Justice, Daniel J. Freed, Esq., Acting Director, Office of District of Columbia Government, Robert F. Kneipp, Esq., Assistant 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 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 Resolution of June 1, 1966, approving bail agency legislation, H.R. 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 III 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.K. 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. |