; if the person is already detained, the judicial officer shall— (1) if the person has been sentenced to a term of imprisonment of 120 months or more, continue the order of detention; or (2) if the person has been sentenced to a term of imprisonment of less than 120 months, release or detain the person under section 3142. . 3. Release or detention of a defendant pending trial Section 3142 of title 18, United States Code, is amended as follows: (1) By striking subsection (a) and inserting the following: (a) Presumption of innocence Nothing in this section shall be construed as modifying or limiting the presumption of innocence. . (2) By striking subsection (b) and inserting the following: (b) Presumption of Release without Conditions In all cases, the judicial officer shall apply a presumption of release on personal recognizance subject to subsections (c), (e), and (f). . (3) By striking subsection (c) and inserting the following: (c) Imposing conditions of release (1) If at the initial appearance hearing or the pretrial release hearing the judicial officer determines by a preponderance of the evidence, based on individualized facts, that the person’s release on personal recognizance under subsection (b) creates a high risk of intentional non-appearance in court, or a specific and substantial risk that the person will cause bodily injury or use violent force against the person of another, and the judicial officer determines that a combination of conditions under this subsection would reasonably mitigate any risk posed by the person, such judicial officer shall nevertheless order the pretrial release of the person— (A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release