119-s-3960119th Congress

Smarter Pretrial Detention for Drug Charges Act of 2026

Sponsored By: Senator Durbin, Richard J. [D-IL]

Introduced

Summary

Gives federal judges more discretion over pretrial detention for nonviolent drug charges. This bill would update a statutory cross-reference and remove one listed detention factor so courts use a revised set of criteria when deciding release for federal nonviolent drug defendants.

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  • Federal defendants charged with nonviolent drug offenses: Judges would apply a reshaped list of factors when deciding pretrial detention, which may change who remains jailed before trial.
  • Judges and courts: The law would replace a cross-reference in the detention statute, delete one subparagraph, and renumber the remaining factors, clarifying the legal text and expanding judicial discretion.
  • Prosecutors and defense attorneys: Lawyers would argue detention and release under a different factor set, which could shift legal strategies in federal drug cases.

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & CoSponsors

Sponsor

Durbin, Richard J. [D-IL]

IL • D

Cosponsors

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 3/2/2026

  • Sen. Coons, Christopher A. [D-DE]

    DE • D

    Sponsored 3/2/2026

  • Sen. Wicker, Roger F. [R-MS]

    MS • R

    Sponsored 3/2/2026

Roll Call Votes

No roll call votes available for this bill.

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