JAIL Act

This bill would let people sue a judge or other government body if a “repeat violent offender” is released on bail and then hurts someone while out. It says judges cannot use judicial immunity as a defense in these lawsuits. A “repeat violent offender” means someone currently charged with a violent crime who has a past conviction for a violent crime. Federal and state judges are covered. “Crime of violence” uses the definition in federal law (18 U.S.C. § 16).

Key points

• Who is affected: Victims harmed by a person released on bail who is charged with a violent crime and has a past violent crime conviction; federal and state judges and other government entities that ordered the release.
• What changes: These victims could file a civil lawsuit for money damages against the judge or government entity that allowed the release; judges could not claim judicial immunity as a shield in these cases.
• When it applies: When the harm happens during the offender’s release pending trial, under the conditions above.