Pretrial Detention of Defendants in America (USA)

Encyclopedia of Foreign Laws

The Federal Bureau of Prison(BOP) and  United States Marshals Service(USMS) cooperate to manage the allocation of federal detention bed space. Ordinarily, pretrial inmates may be detained at BOP detention centers, and at other BOP facilities pending prosecution and/or sentencing. The USMS acquires detention bed space through agreements with state and local governments, and contracts with private vendors, in addition to the available BOP pretrial cells. The development of necessary detention resources in key districts, while emphasizing appropriately structured community supervision alternatives for non-violent offenders, is the primary focus of this cooperative effort. To the extent practicable, pretrial inmates are separated from sentenced inmates, in accordance with 18 U.S.C. § 3142(i)(2).
Should a court have concerns about conditions of confinement, access to medical care, or any other issue relating to a defendant’s pre-trial detention in a BOP facility, the BOP requests the opportunity to address such concerns prior to the issuance of a court order.