Feds Offer Cash to States That Get Tough on Pretrial Release: SERVE Act Ties Grants to 'Dangerousness' Assessments

The SERVE Our Communities Act is basically a new grant program offering federal money to states and local governments that take specific steps to address repeat violent offenses. The big catch? To get the cash, jurisdictions have to let judges consider how 'dangerous' someone might be when setting bail or deciding on pretrial release. That's a significant shift, and here's how it breaks down:

Tying Grant Money to 'Dangerousness'

The core of the SERVE Act [SEC. 2] is this: The Attorney General, through the Bureau of Justice Assistance, can hand out grants to states and local governments. But, there are strings attached. To be eligible, jurisdictions must allow courts or magistrates to consider an individual's potential danger to the community when setting bail conditions or deciding whether to release them before trial. [SEC. 2(c)(1)] This means judges get more leeway to keep people locked up based on a prediction of future behavior, not just the current charges.

What Else Qualifies You for the Money?

Beyond the 'dangerousness' assessment, states and localities also need to show they're actively working to reduce repeat violent offenses. [SEC. 2(c)(2)] They can do this by:

• Already having a law that lets judges consider 'dangerousness' in bail decisions.
• Boosting efforts to hire and keep law enforcement officers and prosecutors.
• Creating public education programs designed to counter what the bill calls "anti-police sentiment" and improve relations between police and communities. [SEC. 2(c)(2)(C)]

How the Money Can Be Spent

If a state or local government gets a grant, they can use the funds for activities detailed in section 211(b) of the Second Chance Act of 2007 (34 U.S.C. 60531(b)). Basically, this means the money can go towards things like:

• Programs to help people transition back into the community after incarceration.
• Support services for offenders and their families.
• Efforts to reduce recidivism.

The Cash and the Timeline

The bill authorizes $10,000,000 per year for these grants, starting in fiscal year 2026 and running through 2031. [SEC. 2(e)] That's a total of $60 million over six years.

The Real-World Impact: Potential Benefits and Concerns

On the one hand, this bill could mean more resources for communities struggling with violent crime. More cops, better support for ex-offenders, and potentially safer streets. For example, a city dealing with a spike in gang violence might use the funds to hire more officers and invest in after-school programs for at-risk youth. A rural county could use the money to improve its re-entry services, helping people get back on their feet after prison and reducing the chances they'll re-offend.

However, there's a flip side. The "dangerousness" assessment piece raises some serious questions. How do you objectively measure someone's potential for future violence? Critics might worry that this could lead to biased decisions, with certain groups being disproportionately detained before trial based on subjective judgments. There is also the question of how "anti-police sentiment" is defined. What one person views as legitimate criticism of law enforcement, another might see as harmful rhetoric.

Ultimately, the SERVE Act represents a trade-off. It offers financial incentives for states and local governments to adopt policies that might reduce violent crime, but those policies also carry the risk of unintended consequences and potential inequities in the justice system.