NCJ Number
94427
Date Published
1983
Length
96 pages
Annotation
This favorable report by the Senate Judiciary Committee on S. 215 (Bail Reform Act of 1983) includes a history of bail, an overview of Federal court treatment of bail, an overview of studies on bail policy, an analysis of the bill, a regulatory impact evaluation, a cost estimate, and changes in existing law.
Abstract
The Judiciary Committee recommends the passage of S. 215, a bill to amend the Bail Reform Act of 1966 to permit consideration of danger to the community in setting pretrial release conditions, to expand the list of statutory release conditions, to establish a more appropriate basis for deciding on postconviction release, and for other purposes. After tracing the history of bail, the report reviews the Federal court treatment of bail, considering such issues as the legal recognition of dangerousness, and the presumption of innocence and due process. A section then notes the failure of bail decisionmaking to assess the risk to community safety that would be occasioned by a particular defendant's pretrial release. An overview of studies on bail policy documents the danger posed by a high percentage of those released on bail. Following a section-by-section analysis of the bill, it is reported that no significant regulatory impact will result from the passage of the bill. Estimates of the additional Federal costs of the bill focus on the expense of the additional pretrial detention of those who would have been released prior to the new legislation. Details are provided on all changes to existing law that would be occasioned by passage of the bill.