No Bail Post-Jail Act
The No Bail Post-Jail Act, as introduced in the Senate (S. 2768 by Sen. Cotton), would amend federal law to deny pretrial release for a specific class of defendants. Specifically, it adds a new per se criterion to deny release pending trial to a person who is charged with a felony offense, is an adult (or a juvenile charged as an adult) for that offense, and has a prior felony conviction for a crime of violence in which the person served at least 30 days in a state or federal prison (excluding time spent in pretrial detention). When a judicial officer makes a finding that the person poses a danger to the community under these conditions, the individual would be ineligible for pretrial release. The bill’s title, “No Bail Post-Jail Act,” signals its broader policy aim to favor pretrial detention over release for these particular defendants. As introduced, the text only adds this Section 4 to 18 U.S.C. 3124(e); the bill does not yet present any other provisions or details.
Key Points
- 1Adds a new subsection (4) to 18 U.S.C. 3124(e) stating that certain individuals shall be considered a danger to the community and ineligible for pretrial release.
- 2Eligibility criteria for denial of pretrial release:
- 3- The person is charged with a felony offense.
- 4- The person is an adult or a juvenile charged as an adult in relation to the offense.
- 5- The person has a prior felony conviction for a crime of violence with at least 30 days served in a state or federal correctional facility.
- 6The 30-day requirement excludes any time the person spent in pretrial detention before conviction; only time served after a prior conviction counts.
- 7The judicial officer must find that the person poses a danger to the safety of the community to deny release.
- 8The bill’s short title is “No Bail Post-Jail Act,” indicating a shift toward detention before trial for those meeting the criteria.