Page 280 - Ad Hoc Report June 2018
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Section 12: Transportation & Subsistence for Non-Custodial Defendants
12.1 Lack of Statutory Authority
The statute pursuant to which the U.S. Marshals Service provides for transportation of non-custodial defendants to criminal proceedings, 18 U.S.C. § 4285, only directs the Marshals to provide costs when: 1) an arrested person who is financially eligible is released from custody back to their residence; and 2) a defendant must travel to court for judicial proceedings and has satisfied an additional inquiry that he or she is unable to pay for travel. The statute grants no authority to pay subsistence during the course of the proceedings or travel expenses for the return trip to the defen- dant’s residence after proceedings.
This problem is not new. It was addressed in the Prado Report, which recom- mended that the Criminal Justice Act be amended to provide costs for non-custodial defendants who qualify during and after their criminal proceedings.1095 The Judicial Conference of the United States also addressed the issue in its Report on the Federal Defender Program in March 1993:
The present lack of clear statutory authority to pay for travel and subsis- tence expenses in these situations has resulted in substantial hardships to certain defendants, particularly those who have no funds and are required to attend lengthy court proceedings. Accordingly, there should be explicit statutory authority for the courts to provide assistance with transportation, housing, and food for financially eligible defendants in appropriate circumstances.1096
1095 SeePradoReport,RecommendationD–2at70–71.
1096 ReportoftheJudicialConferenceoftheUnitedStatesontheFederalDefenderProgramat36(1993).
No recommendation presented herein represents T H E A D H O C C O M M I T T E E T O R E V I E W T H E C R I M I N A L J U S T I C E A C T the policy of the Judicial Conference of the United States unless approved by the Conference itself.

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