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Pretrial Detention: New Judicial Powers for Nonviolent Drug Cases

This bill allows judges to decide if people charged with nonviolent drug crimes need to stay in jail before their trial. It removes the automatic assumption that these individuals should be locked up, focusing on individual risk instead.
Key points
Judges gain more freedom to decide whether to release defendants before their trial.
Ends the automatic assumption that everyone charged with drug offenses must be jailed.
Defendants in nonviolent cases will more often be able to wait for court at home.
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Status:
Introduced
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Additional Information
Print number: 119_S_3960
Sponsor: Sen. Durbin, Richard J. [D-IL]
Process start date: 2026-03-02