No Bail Post-Jail Act
- Bill Number
- S. 2768
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-09-11: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-03-27T00:14:15Z
AI-Generated Summary
Purpose This legislation aims to prevent the pretrial release of certain individuals charged with felonies who have a prior record of violent crime resulting in incarceration.
Key Provisions
- The bill amends section 3124(e) of title 18, United States Code, by adding a new paragraph (4).
- Under this provision, a judicial officer must determine that a person poses a danger to the community and is ineligible for release if all three conditions are met:
- The person is charged with a felony offense.
- The person is an adult or a juvenile charged as an adult.
- The person has a prior felony conviction for a crime of violence that resulted in at least 30 days of actual time served in a state or federal correctional facility (excluding any pretrial detention without a conviction).
Significant Changes to Existing Law
- Current law under title 18 allows judicial officers discretion in deciding pretrial release based on factors such as flight risk and community safety.
- This bill creates a mandatory finding of danger and ineligibility for release when the specified prior conviction and incarceration criteria are present, removing discretion in those cases.
Potential Impacts
- On government agencies: Federal courts and the Bureau of Prisons may see increased pretrial detention, leading to higher use of jail space and related administrative costs.
- On citizens: Individuals meeting the criteria would remain detained until trial, potentially affecting employment, family responsibilities, and case preparation.
- On international relations: No direct effects are outlined in the bill.
Main Stakeholders Affected
- Federal defendants charged with felonies who have qualifying prior convictions.
- Federal judges and pretrial services officers who must apply the new standard.
- Prosecutors who may seek detention under the expanded criteria.
- Victims and the public, who may benefit from reduced release of individuals with violent records.
- Correctional facilities responsible for housing additional detainees.
Notable Legal, Constitutional, or Political Implications
- The bill raises questions about the balance between public safety and individual liberty in pretrial proceedings, as it limits judicial discretion in release decisions.
- It could affect due process considerations by creating a categorical bar on release for a defined group based on prior record.
- No international provisions are included, and the changes apply only to federal cases.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-09-11: Read twice and referred to the Committee on the Judiciary.
- 2025-09-11: Introduced in Senate
Bill Versions
- No Bail Post-Jail Act — issued 2025-09-11 — PDF (2 pages)