JAIL Act

The JAIL Act (Judicial Accountability for Irresponsible Leniency Act) would authorize civil lawsuits against judges and other government entities that release repeat violent offenders on bail. Specifically, if a judge or government entity releases a defendant who has been charged with a violent crime and has a prior history of violent convictions, and that defendant subsequently harms another person while awaiting trial, the victim or their immediate family members could sue the judge or government entity for damages in federal court.

The bill would remove judicial immunity as a defense in these civil cases, meaning judges could be personally held liable for their bail decisions. The legislation applies to both federal and state judges. Victims would also be permitted to pursue civil action against other government entities involved in the release decision, including prosecutors. This bill has been introduced but has not yet received committee action, and most introduced bills do not advance further.