Public Defender's Handbook
Non-Custodial
Transportation of Defendants
Prisoners on Bond.
In 18 U.S.C., Section 4285 authorizes payment for the
travel of released indigent criminal defendants on bail at court proceedings.
This section allows the court to direct the U.S. Marshal’s office to arrange for the “non-custodial one-way
transportation” (i.e., payment of travel
expenses) of a defendant on bond “to the place where his appearance [before the court] is required.”
Once the court determines
that a defendant or bond is unable to afford his
own transportation to court, the court can direct the U.S. Marshal’s
office to provide the cost of one-way transportation to the court city.
This authority is limited to payment
of one time transportation for the defendants court appearance
only. Travel is not authorized for pretrial consultations with defense
attorneys or for pretrial service consultations.
Once a defendant travels to
the court’s jurisdiction, the U.S. Marshal’s office
is not authorized to provide the defendant with subsistence payments at the trial site. The defendant should
either:
- remain in the court’s
jurisdiction, or
- travel at his own
expense, or
- contact Pretrial services for assistance
In 18 U.S.C., Section 3154
provides guidance for assistance for the defendant
while in the court city for trial. For additional guidance, please refer to 18 U.S.C., Section 3006a.
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