Medical Emergency Detention.

The supplied research does not identify a general federal statute, or even a particular type of federal statute, which regulates “medical emergency detentions.” Nor does the supplied research identify a universal duration for such a detention. While the research discusses the federal government’s authority to arrest and detain “dangerous” individuals and “prevent harmful medical emergencies,” it does not establish a universal threshold for being a “medical danger,” which we believe, by necessity, will vary case by case, or a universal procedure for emergency commitment in cases involving mental-health treatment.

The federal government’s authority to detain individuals for medical reasons is also quite broad; and, while the research identifies certain limitations on the federal government’s authority to detain and hold individuals in jails and federal medical facilities, it does not establish a corresponding federal medical treatment standard which enforces federal authority to keep individuals confined and committed involuntarily. That said, any federal authority to keep an individual confined and committed involuntarily does not appear to be absolute; and, when that authority is exercised, it does not appear to be immune from judicial review.

As we can see from the research, in almost every aspect, federal medical emergency detention is jurisdiction-specific; and, while federal criminal pretrial detention is regulated largely by the Bail Reform Act, this statute does not govern “medical emergency detentions,” leaving the authority, duration, safeguards, and release procedures of such detentions open for negotiation with the government and to the jurisdiction and applicable law that governs the specific case at hand.

Who Decides When a Medical Emergency Detention Involves Federal Criminal Charges?

Who decides when a person has to remain in custody or is released after an arrest in a federal criminal case?

The research suggests that, although federal prosecutors may have the authority to demand that an individual remain in custody in many circumstances, the ultimate decision-making authority rests with “a judicial officer” for federal offenses. (3142(a)(1)(A)).

How does the relevant federal law impose this requirement?

The authority to determine federal detention (or release) is vested in “a judicial officer” by federal law, Section 3142(a) of Title 18 of the United States Code. (3142(a)(1)).

How long are federal prosecutors able to hold someone arrested under federal criminal charges?

Under 18 U.S.C. § 3142(a), upon the person’s appearance before a judicial officer, the judicial officer must order the person released on personal recognizance or an unsecured appearance bond, released subject to conditions, temporarily detained under subsection (d), or detained under subsection (e). (3142(a)(1)(A)).

What are the relevant federal detention statuses for individuals under criminal prosecution (who are not otherwise lawfully detained)?

According to Section 3142(a) of Title 18 of the United States Code, there are four distinct possible custodial statuses that can result from a defendant’s first appearance in federal court. (3142(a)(2)).

Is the government compelled to hold individuals after an arrest under federal criminal law?

The default rule is release on personal recognizance or an unsecured appearance bond under 18 U.S.C. § 3142(b), unless the judicial officer determines that such release will not reasonably assure the person’s appearance or will endanger another person or the community.

What federal law governs conditional release in cases of federal criminal prosecution?

When the government is successful in arguing that unconditional release would be improper, the relevant federal law, 18 U.S.C. § 3142(c)(1)(B), mandates that a “judicial officer” impose “subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community” that the released individual will appear in court and will not present a danger to the community. (3142(c)(1)(B)).

Most first calls to Spodek Law Group are not from the person under investigation. They come from a mother, a husband, a sister, holding a phone and frightened.

How can medical information change a federal release decision?

Can any of a defendant’s release conditions be amended before trial?

According to Section 3142(c)(3) of Title 18 of the United States Code, any condition imposed under Section 3142 may be modified “subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community” and the judicial officer may at any time amend the order to impose additional or different conditions of release. (3142(c)(3)).

Can a defendant reopen a judge’s detention or conditional-release findings before trial?

In federal criminal cases, a detention hearing may be reopened under 18 U.S.C. § 3142(f) before or after the judicial officer’s determination, at any time before trial, when information exists that was not known to the movant at the time of the hearing and has a material bearing on whether conditions of release can reasonably assure the person’s appearance and the safety of others and the community.

If a magistrate judge issues a detention order, does the district court perform a de novo review of that order?

Yes, when a magistrate judge issues a detention order, the district court may review that order under 18 U.S.C. § 3145(b).

What federal law governs review of a magistrate’s decision to detain a defendant?

Section 3145 of Title 18 of the United States Code authorizes the Government to seek review of a magistrate judge’s release order under subsection (a), and authorizes the defendant to seek review of a detention order under subsection (b)..

To what extent does a judge’s written order have to explain why a person is subject to a detention order in a federal criminal case?

When a judicial officer issues a written order of detention, that order “include written findings of fact and a written statement of the reasons for the detention” (3142(i)(1)).

What information do federal pretrial services provide to judicial officers for use in release decision cases?

Under 18 U.S.C. § 3142(g), the judicial officer must consider available information concerning the defendant’s residence, employment, financial resources, length of residence in the community, community ties, criminal history, and other relevant information..

What recommendations, if any, can federal pretrial services make regarding detention or release?

Under 18 U.S.C. § 3154, pretrial services may investigate and report information relevant to release or detention and may make recommendations concerning release, detention, or conditions reasonably necessary to assure the defendant’s appearance..

Which Charges Trigger Special Detention Rules, and is Any Crime Automatically the Hardest to Defend?

What charges trigger a detention hearing under Section 3142(f)?

Under Section 3142(f), the charges that can trigger a detention hearing (which generally require a motion by the Government, although a judicial officer may act on the court’s own motion for serious flight or obstruction risks) include:

• Violent crimes (defined as either “crimes of violence” or “crimes involving certain deadly weapons” under the federal criminal code);
• Any offense for which the statutory maximum sentence is life imprisonment or death;
• Any serious drug offense (as defined under federal law); and,
• Any offense for which a defendant’s “substantial flight risk” or “a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror” would be, by itself, justification for a detention hearing. (3142(f)).

Does danger alone justify a detention hearing?

No. Section 3142(f) permits a hearing on motion of the Government for specified serious offenses, and also permits a hearing when there is a serious risk that the person will flee or obstruct justice; the latter grounds do not require the Government to show both danger and flight or obstruction.

Which crime is automatically the hardest to defend in a federal criminal case?

While no single crime is “automatically the hardest to defend,” certain crimes result in what are called rebuttable presumptions of detention. As specified in Section 3142(e), certain offenses and defendants with qualifying prior convictions are subject to a rebuttable presumption that no condition or combination of conditions will reasonably assure the person's appearance as required and the safety of the community. (3142(e)).

If there is a rebuttable presumption of detention, do courts automatically order detention in federal criminal cases?

No, while a rebuttable presumption might make it more difficult to avoid detention, it does not automatically require detention. Under Section 3142(f), facts supporting a finding that no conditions will reasonably assure the safety of any other person and the community must be supported by clear and convincing evidence; the statute does not state that all detention-related conclusions must be proved by a preponderance of the evidence.

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