II119th CONGRESS2d SessionS. 3960IN THE SENATE OF THE UNITED STATESMarch 2, 2026Mr. Durbin (for himself, Mr. Lee, Mr. Coons, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo give Federal courts additional discretion to determine whether pretrial detention is appropriate for defendants charged with nonviolent drug offenses in Federal criminal cases.

1.

Short title

This Act may be cited as the Smarter Pretrial Detention for Drug Charges Act of 2026.

2.

Release conditions and detention in Federal criminal cases

Section 3142 of title 18, United States Code, is amended—(1)by striking (42 U.S.C. 14135a) each place it appears and inserting (34 U.S.C. 40702); and(2)in subsection (e)(3)—(A)by striking subparagraph (A); and(B)by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively.