Pretrial Services Act of 1980

(Measure passed Senate, amended)

=Title I: Pretrial Services Act off 1980= - Requires the Director of the Administrative Office of the U.S. Courts to establish, under the supervision of the Judicial Conference of the United States, directly or by contract, pretrial services in each judicial district. Provides that such services shall be supervised by chief probation officers appointed under current law or another appropriate individual.

Stipulates that upon the joint recommendation of an appropriate district court and circuit judicial council, pretrial services shall be established in a particular district under the general authority of the Administrative Office of the U.S. Courts and supervised by a chief pretrial services officer. (Current law authorizes pretrial services agencies on a demonstration basis in ten representative districts, five under the Administrative Office's Division of Probation and five under an independent Board of Trustees.)

Requires, rather than permits, regulations issued by the Director relating to the confidentiality of information contained in agencies' files to provide for certain exceptions.

Carries forward current provisions relating to the confidentiality of information contained in pretrial services' files.

Continues generally the existing functions and powers of the pretrial service agencies, but eliminates the discretion of the district courts to determine which shall be performed, and adds three new duties: (1) to develop a system to monitor and evaluate bail activities; (2) to prepare, pursuant to agreements, reports for the U.S. Attorneys' Offices on information pertaining to pretrial diversion; and (3) to make contracts to carry out their functions.

Requires the Director to include in the annual report to the Judicial Conference a report on the operation of each service and to transmit a copy of such report to Congress.

=Title II: Federal Diversion Act of 1980= - Authorizes the preparation of a diversion program not to exceed 12 months for eligible individuals charged with nonviolent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventative guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior.

Sets forth the admissions procedure to such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial.

Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a demonstration.

Provides that the panel established under title I of this Act to appoint the chief pretrial services officer shall, together with the diversion administrator and other persons appointed by the panel, constitute a diversion advisory committee to plan the implementation of, and review, the diversion program.

Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program.

Authorizes appropriations in the amount of $3,000,000 for each of fiscal years 1982 through 1985 to carry out this Act.