Source: United States Senator for Delaware Christopher Coons
WASHINGTON – U.S. Senators Chris Coons (D-Del.), Dick Durbin (D-Ill.), Mike Lee (R-Utah), and Roger Wicker (R-Miss.) yesterday introduced the bipartisan Smarter Pretrial Detention for Drug Charges Act, which would provide judges additional flexibility when determining if pretrial detention is appropriate for those accused of nonviolent drug offenses. An individualized assessment can be conducted for each defendant on a case-by-case basis, eliminating the blanket presumption of pretrial detention for most federal drug charges. The senators introduced the bill as pretrial detention rates in the federal system are increasing across all demographic groups and as racial disparities in pretrial release rates continue to present themselves in drug cases; white defendants are more likely to receive pretrial release than black defendants.
“Judges should make detention decisions based on the facts of the individual case, not on blanket presumptions. This bipartisan, commonsense bill will protect public safety by addressing rising pretrial detention rates that are wasting resources and perpetuating injustices, and bring us closer to fulfilling our nation’s promise of equal justice under law,” said Senator Coons.
Under the Bail Reform Act of 1984, the release of defendants is generally presumed unless a judge finds a risk of flight or potential danger to the community. This is the appropriate standard for defendants due to the presumption of innocence. However, this release presumption is reversed for certain criminal charges, creating a presumption of detention without regard to the circumstances and background of the accused.
One of these “presumption” charges is for any drug offense that is punishable by 10 years or more, which includes the vast majority of federal drug offenses. This presumption treats nonviolent drug offenses similarly to charges for terrorism, hijacking, and other serious violent crimes. According to the Probation and Pretrial Services Office of the Administrative Office of the U.S. Courts, this presumption has “become an almost de facto detention order for almost half of all federal cases.”
The following organizations support the Smarter Pretrial Detention for Drug Charges Act: American Bar Association, American Civil Liberties Union (ACLU), Americans for Prosperity, Association of Prosecuting Attorneys, Americans for Tax Reform, Dream Corps JUSTICE (formerly #cut50), Drug Policy Alliance, Due Process Institute, Fair and Just Prosecutions, Fair Trials, FAMM, Federal Public and Community Defenders, Innocence Project, Justice Action Network, Justice Roundtable, Law Enforcement Action Partnership, Law Enforcement Leaders, National Association of Criminal Defense Lawyers, National Association of Pretrial Services Agencies, National Legal Aid and Defender Association, Pretrial Justice Institute, Prison Fellowship, R Street Institute, Right on Crime, Sentencing Project, and Tzedek Association.
The text of the bill is available here. The one-pager is available here.
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