Bills/S. 3960

A bill to give Federal courts additional discretion to determine whether pretrial detention is appropriate for defendants charged with nonviolent drug offenses in Federal criminal cases.

A bill to give Federal courts additional discretion to determine whether pretrial detention is appropriate for defendants charged with nonviolent drug offenses in Federal criminal cases.

In CommitteeOtherSenateSenate Bill · 119th Congress
Bill Progress · Senate
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# S. 3960: Pretrial Detention Discretion for Drug Offenses **What the Bill Does** This bill would allow federal judges more flexibility in deciding whether to hold defendants in jail while waiting for their trial if they're accused of nonviolent drug crimes. Currently, federal law limits judges' discretion in these cases. The bill would give courts greater authority to consider individual circumstances—such as a defendant's ties to the community, employment, and criminal history—rather than applying a one-size-fits-all approach to pretrial detention decisions. **Who It Affects** The bill directly affects people charged with nonviolent drug offenses in federal courts and indirectly affects the federal criminal justice system as a whole.

It could reduce the number of defendants held in pretrial detention, potentially lowering jail costs and allowing defendants to better prepare their legal defense while remaining in their communities. **Current Status** S. 3960 was introduced by Senator Richard Durbin (D-Illinois) in the 119th Congress and is currently in committee, meaning it hasn't yet been debated or voted on by the full Senate. Like most bills at this stage, its future passage remains uncertain.

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Latest Action

March 2, 2026

Read twice and referred to the Committee on the Judiciary. (text: CR S735)

Sponsor

3 cosponsors

Key Dates

Introduced
March 2, 2026
Last Updated
March 2, 2026
Read Full Text on Congress.gov →
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