Release or detention of a defendant pending trial
(e) Detention. - If, after a hearing pursuant to the provisions
of subsection (f) of this section, the judicial officer finds that
no condition or combination of conditions will reasonably assure
the appearance of the person as required and the safety of any
other person and the community, such judicial officer shall order
the detention of the person before trial. In a case described in
subsection (f)(1) of this section, a rebuttable presumption arises
that no condition or combination of conditions will reasonably
assure the safety of any other person and the community if such
judicial officer finds that -
(1) the person has been convicted of a Federal offense that is
described in subsection (f)(1) of this section, or of a State or
local offense that would have been an offense described in
subsection (f)(1) of this section if a circumstance giving rise
to Federal jurisdiction had existed;
(2) the offense described in paragraph (1) of this subsection
was committed while the person was on release pending trial for a
Federal, State, or local offense; and
(3) a period of not more than five years has elapsed since the
date of conviction, or the release of the person from
imprisonment, for the offense described in paragraph (1) of this
subsection, whichever is later.
Subject to rebuttal by the person, it shall be presumed that no
condition or combination of conditions will reasonably assure the
appearance of the person as required and the safety of the
community if the judicial officer finds that there is probable
cause to believe that the person committed an offense for which a
maximum term of imprisonment of ten years or more is prescribed in
the Controlled Substances Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.), an offense under section 924(c), 956(a), or 2332b of
this title, or an offense listed in section 2332b(g)(5)(B) of title
18, United States Code, for which a maximum term of imprisonment of
10 years or more is prescribed or an offense involving a minor
victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245,
2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1),
2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or
2425 of this title.
(j) Presumption of Innocence. - Nothing in this section shall be
construed as modifying or limiting the presumption of innocence.
