No Bail Post-Jail Act: New Rules Mandate Pretrial Detention for Anyone with Past Violent Felony Time

The newly proposed No Bail Post-Jail Act is straightforward: it changes the rules for who gets to wait for their trial at home and who has to wait in a jail cell. Specifically, Section 2 creates a mandatory trigger for judges to consider certain defendants too dangerous for pretrial release. If you are currently charged with any felony, and you have a prior conviction for a “crime of violence” that resulted in you actually serving at least 30 days in state or federal prison (not just time waiting for trial), a judge must now consider you a danger to the community and can deny you release.

The Fine Print: When Past Time Served Matters

This isn't about simply having a prior felony; it's about the specific combination of a new felony charge and a history of incarceration for violence. The bill targets recidivism by effectively saying, “If you served time for a violent felony before, and you’re charged with any felony now, you lose your automatic right to fight the new charges from the outside.” For the busy person, this means the justice system is shifting from requiring judges to assess current risk to imposing a high-risk label based on past actions, specifically time served. This is a big deal because pretrial detention often impacts the outcome of a case, making it harder for people to prepare a defense, keep their job, or care for their family.

The Trade-Off: Public Safety vs. Presumption of Innocence

Proponents of this approach would argue that it’s a necessary public safety measure, ensuring that individuals with a documented history of serious violence are not released back onto the streets while facing new charges. It provides a clear, objective metric for judges to use. However, the practical challenge here lies in the fact that the current charge could be anything from grand theft auto to a minor drug offense—the severity of the new crime doesn't matter as much as the severity of the old one. This means someone charged with a non-violent property crime could be held without bail simply because they served 30 days for an assault conviction years ago, even if they pose minimal immediate danger.

Who This Hits Hardest

This provision will primarily impact two groups: those with prior records and the low-income defendants who are already struggling within the justice system. For individuals who have served time and are trying to rebuild their lives—getting jobs, housing, and stability—a new, even minor, felony charge could now immediately land them back in detention until trial. Since they are detained, they lose their job, their housing, and their ability to effectively help their attorney, often leading to pressure to take a plea deal just to get out of jail, regardless of their guilt on the new charge. This creates a powerful mechanism for increasing pretrial detention based on a formula, potentially reducing a judge’s ability to conduct an individualized risk assessment tailored to the person and the new charges they face.