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Smarter Pretrial Detention for Drug Charges Act of 2026

USA119th CongressS-3960| Senate 
| Updated: 3/2/2026
Richard J. Durbin

Richard J. Durbin

Democratic Senator

Illinois

Cosponsors (3)
Mike Lee (Republican)Christopher A. Coons (Democratic)Roger F. Wicker (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation seeks to grant federal courts greater flexibility in determining pretrial detention for individuals accused of nonviolent drug offenses. Its primary objective is to modify existing federal law to eliminate the automatic presumption of detention for these specific charges, thereby allowing judges more discretion in such cases. Specifically, the bill amends Section 3142(e)(3) of Title 18, United States Code , by striking subparagraph (A). This action removes the statutory presumption that no conditions can assure the defendant's appearance and community safety for certain drug offenses. Consequently, judges will be empowered to conduct a more individualized assessment of each case, considering a broader range of release conditions rather than being bound by a presumption of detention.
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Timeline

Bill from Previous Congress

S 116-4549
Smarter Pretrial Detention for Drug Charges Act of 2020

Bill from Previous Congress

S 118-1056
Smarter Pretrial Detention for Drug Charges Act of 2023

Bill from Previous Congress

S 117-309
Smarter Pretrial Detention for Drug Charges Act of 2021
Mar 2, 2026
Introduced in Senate
Mar 2, 2026
Read twice and referred to the Committee on the Judiciary. (text: CR S735)
  • Bill from Previous Congress

    S 116-4549
    Smarter Pretrial Detention for Drug Charges Act of 2020


  • Bill from Previous Congress

    S 118-1056
    Smarter Pretrial Detention for Drug Charges Act of 2023


  • Bill from Previous Congress

    S 117-309
    Smarter Pretrial Detention for Drug Charges Act of 2021


  • March 2, 2026
    Introduced in Senate


  • March 2, 2026
    Read twice and referred to the Committee on the Judiciary. (text: CR S735)

Smarter Pretrial Detention for Drug Charges Act of 2026

USA119th CongressS-3960| Senate 
| Updated: 3/2/2026
This legislation seeks to grant federal courts greater flexibility in determining pretrial detention for individuals accused of nonviolent drug offenses. Its primary objective is to modify existing federal law to eliminate the automatic presumption of detention for these specific charges, thereby allowing judges more discretion in such cases. Specifically, the bill amends Section 3142(e)(3) of Title 18, United States Code , by striking subparagraph (A). This action removes the statutory presumption that no conditions can assure the defendant's appearance and community safety for certain drug offenses. Consequently, judges will be empowered to conduct a more individualized assessment of each case, considering a broader range of release conditions rather than being bound by a presumption of detention.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-4549
Smarter Pretrial Detention for Drug Charges Act of 2020

Bill from Previous Congress

S 118-1056
Smarter Pretrial Detention for Drug Charges Act of 2023

Bill from Previous Congress

S 117-309
Smarter Pretrial Detention for Drug Charges Act of 2021
Mar 2, 2026
Introduced in Senate
Mar 2, 2026
Read twice and referred to the Committee on the Judiciary. (text: CR S735)
  • Bill from Previous Congress

    S 116-4549
    Smarter Pretrial Detention for Drug Charges Act of 2020


  • Bill from Previous Congress

    S 118-1056
    Smarter Pretrial Detention for Drug Charges Act of 2023


  • Bill from Previous Congress

    S 117-309
    Smarter Pretrial Detention for Drug Charges Act of 2021


  • March 2, 2026
    Introduced in Senate


  • March 2, 2026
    Read twice and referred to the Committee on the Judiciary. (text: CR S735)
Richard J. Durbin

Richard J. Durbin

Democratic Senator

Illinois

Cosponsors (3)
Mike Lee (Republican)Christopher A. Coons (Democratic)Roger F. Wicker (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted