(a) The magistrate judge has the authority to fix or modify bail and conduct detention
hearings and issue release and detention orders; provided, however, that the magistrate
judge shall not modify or approve a modification of any bail previously fixed by order of
a district judge other than upon the grand jury return, except upon specific authorization
from the district judge.
(b) The magistrate judge has the authority to: (i) set bail for material witnesses; (ii) exonerate
or forfeit bonds, set aside forfeitures, and reinstate bail in proceedings pending before the
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Magistrate Judge; and (iii) approve personal and corporate surety bonds and bonds
requiring personal sureties.
(c) Special Release Services. In addition to the pretrial services furnished under 18 U.S.C. §
3152, et seq., counsel for a defendant may request special release services from the
court’s pretrial services office. If such a request is made, counsel must provide pretrial
services and opposing counsel with a written request no less than seventy-two (72) hours
prior to any court hearing at which the results of that service are to be considered.
Examples of special services that require this notice include: (i) request for third-party
investigations; (ii) home confinement and electronic monitoring investigations; (iii)
residential treatment program investigations; and (iv) any other non-routine investigations
deemed necessary by the court. Counsel requesting a special service is also responsible
for requesting that any bail review hearing on the service be set on the court’s calendar.
(d) Third Party Request. No person will be considered for approval as a third-party
custodian unless: (i) proposing counsel certifies that the proposed custodian has been
interviewed by the pretrial services office; (ii) the proposed third-party custodian has
completed a third-party application form and questionnaire as provided by the pretrial
services office; and (iii) the completed application and questionnaire forms have been
served on pretrial services and opposing counsel not less than seventy-two (72 hours prior
to the hearing at which the matter is to be addressed.
