Bail Reform Act of 1984

Final

The Act that amended the 1966 Bail Reform Act to include danger to the community, or public safety, as a consideration in the pretrial release and detention decision. The 1984 Act mandates “pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court . . . unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.”* The Act further provides that if, after a hearing, “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.”** The Act creates a rebuttable presumption toward confinement when the person has committed certain delineated offenses, such as crimes of violence or serious drug crimes.*** The preventive detention provisions of the 1984 Act were upheld as constitutional in United States v. Salerno.**** 

See Salerno

*18 U.S.C. § 3142 (b).
**Id. § 3142 (e).
***See Id.
****481 U.S. 739 (1987).

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