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National Symposium on Pretrial Services 1978 - Second Plenary Session - Legislation

NCJ Number
81926
Author(s)
A Henry; T McPike; J Padden; B Rogow
Date Published
Unknown
Length
0 pages
Annotation
Panelists list Federal and State legislation affecting pretrial services, suggests strategies for getting bills enacted, and urge pretrial workers to remain motivated in pursuing innovative programs.
Abstract
S. 1437 (pending) would completely revise and codify the Federal Criminal Code, and S. 1819 (pending) would formalize diversion in the Federal courts. The 1974 Speedy Trial Act created experimental release programs in many Federal districts. Locally, Kentucky established a statewide release program, Florida created a statewide pretrial diversion system, and California and the District of Columbia have proposed legislation affecting pretrial services. Moreover, 22 States have bills authorizing victim compensation. In employing a strategy to pass S. 1819, the proposed Federal diversion bill, Senate proponents decided to emphasize that the bill would increase prosecutors' flexibility and would better safeguard defendants' rights instead of emphasizing its cost and time effectiveness (which was unsubstantiated). Generally, similar bills can be enacted by employing the following tactics: (1) find a legislative ally with clout, (2) maintain contact and persevere, (3) involve the sponsor in legislative strategy (broad coalitions are needed), and (4) continually monitor the public's mood and the bill's progress. Pretrial workers must remain committed since the current social climate is working against further bail reform (the system still 'turns on the dollar') and States are moving away from pretrial release toward mandatory sentencing, the death penalty, and victim consent to diversion. Speakers include a Senate staff member, a Michigan State representative. a law professor, and a Pretrial Services Resource Center associate.

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