Section 1 Short title
This Act may be cited as the “Flight Risk Reduction Act”.
Flight Risk Reduction Act
A BILL
To amend title 18, United States Code, to establish a rebuttable presumption that a defendant who is not a United States citizen or lawful permanent resident poses a danger to the community and a serious risk of flight, for purposes of determining whether to release or detain the defendant pending trial.
Sec. 2 Release or detention of a defendant pending trial
Basis for detention hearing— Section 3142(f)(1) of title 18, United States Code, is amended—
by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; and adjusting the margins accordingly;
in clause (iv), as so redesignated, by striking “subparagraphs (A) through (C) of this paragraph” each place it appears and inserting “clauses (i) through (iii) of this subparagraph”;
by striking “, in a case that involves—” and inserting the following:
“(A) in a case that involves”
by adding at the end the following:
“(B) if such person is not a citizen or lawful permanent resident of the United States; or”
Detention— Section 3142(e) of title 18, United States Code, is amended—
in paragraph (2), by striking “subsection (f)(1)” each place it appears and inserting “subsection (f)(1)(A)”; and
by adding at the end the following:
“(4)
“(A) Notwithstanding subsection (d), if the person is not a citizen or lawful permanent resident of the United States, it shall be presumed that no condition or combination of conditions will reasonably ensure the appearance of the person as required and the safety of any other person and the community, subject to rebuttal by the person by clear and convincing evidence.
“(B) Ties to family or employment in the United States shall not be grounds for rebuttal of the presumption under subparagraph (A).”