Flight Risk Reduction Act
Summary
The Flight Risk Reduction Act aims to amend Title 18 of the United States Code. It seeks to establish a rebuttable presumption that non-citizens and non-lawful permanent residents pose a flight risk and a danger to the community. This presumption would be considered when determining whether to release or detain a defendant pending trial.
Expected Effects
The bill would make it more difficult for non-citizens and non-lawful permanent residents to be released on bail pending trial. It shifts the burden of proof to the defendant to demonstrate they are not a flight risk or a danger to the community. Ties to family or employment in the US would not be sufficient to rebut this presumption.
Potential Benefits
- Potentially reduces crime committed by released defendants who are non-citizens or non-lawful permanent residents.
- May decrease the number of defendants who fail to appear in court.
- Could enhance public safety by detaining potentially dangerous individuals.
- May streamline the detention hearing process for non-citizens and non-lawful permanent residents.
- Could lead to more consistent application of detention standards.
Most Benefited Areas:
Potential Disadvantages
- May lead to the detention of individuals who would otherwise be released on bail and appear in court.
- Could disproportionately affect certain ethnic or national groups.
- May strain resources of the justice system due to increased detention rates.
- Could be perceived as discriminatory against non-citizens and non-lawful permanent residents.
- May negatively impact the ability of defendants to prepare for their defense.
Constitutional Alignment
The bill's constitutionality could be challenged under the Fifth Amendment's due process clause, which guarantees fair treatment under the law. The presumption of flight risk and danger based solely on immigration status may be seen as a violation of due process. Additionally, the Eighth Amendment prohibits excessive bail, and this bill could be interpreted as leading to de facto preventative detention without sufficient individualized consideration. However, the bill does allow for rebuttal of the presumption, which could mitigate these concerns.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).