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Code · BILL · 115th Congress · H.R. 1437 (Introduced in House) — To discourage the use of payment of money as a condition of pretrial release in criminal cases, and for other purposes. · Sec. 2

Sec. 2. Findings

173 words·~1 min read·/bill/115/hr/1437/ih/section-2

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Congress finds the following: Nearly 60 percent of the inmates in jails in the United States are pretrial detainees who have not been convicted of a crime, an estimated 75 percent of whom have been charged with nonviolent crimes. Under current bail systems that use payment of money as a condition of pretrial release, nearly 50 percent of the most dangerous pretrial detainees are released without supervision, according to a study by the Arnold Foundation. Throughout the Nation, those with money can buy their freedom while poor defendants remain incarcerated awaiting trial.
Pretrial detention costs State and local governments an estimated $14,000,000,000 each year. Pretrial detention should be based on whether the accused is likely to fail to appear in court or is a threat to public safety, not the ability to pay money as a condition of pretrial release. The States, the United States Department of Justice, law enforcement agencies, public officials, and community groups should collaborate to develop pretrial detention systems that improve public safety, reduce costs, and discourage criminal behavior.
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