HR 5312119th CongressIntroduced

JAIL Act

Introduced: Sep 11, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The JAIL Act would create a new pathway for civil lawsuits when a judge or other government entity releases a defendant on bail pending trial and that defendant harms someone during the release. The plaintiff (or an immediate family member if the victim is deceased) could sue the judge or the releasing government entity in federal court for damages. Notably, the bill removes judicial immunity in these cases, so judges could be personally sued for such outcomes. The bill defines a “covered defendant” as someone charged with a crime of violence who has a prior conviction for a crime of violence, with “crime of violence” defined by 18 U.S.C. §16. The bill would apply to both federal and state judges.

Key Points

1Civil actions for harm caused by repeat violent offenders released on bail: If a covered defendant harms someone while released pending trial, the victim can sue the releasing judge or government entity for damages in federal court.
2No judicial immunity in these cases: Judges (and releasing entities) can be sued personally; the usual shield of judicial immunity does not apply under this statute.
3Broad scope of liable actors: The action can be brought against both federal and state judges, as well as other government entities that release the defendant on bail.
4eligibility and trigger: The action only arises when the released defendant harms another person during the bail release period.
5Defined terms: “Covered defendant” is someone charged with a violent crime who has a prior violence-related conviction; “crime of violence” follows the definition in 18 U.S.C. §16; “judge” includes federal and state judges.

Impact Areas

Primary group/area affected- Victims of violence and their families, who would have a new federal civil remedy if a bail release leads to harm.- Judges and government entities responsible for granting bail or release orders, facing potential civil liability.Secondary group/area affected- Law enforcement agencies and court personnel involved in bail decisions, who may face increased risk of civil exposure.- Defense and prosecutorial offices navigating potential changes to bail decision-making and risk assessment.Additional impacts- Potential changes to bail practices and risk aversion in pretrial release decisions, possibly leading to stricter bail standards for violent-repeat offenders.- Administrative and litigation costs associated with added civil suits against judges and releasing agencies.- Possible constitutional and legal debates about judicial accountability, immunity, and the proper balance between accountability and the independence of the judiciary.

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