PACE Act of 2023 Protecting All Communities Equally Act of 2023
Impact
A significant consequence of this legislation is the waiver of sovereign immunity for states that prohibit monetary bail. This means that local governments could be held liable for damages if individuals are harmed by a dangerous criminal released without monetary bail. The aim is to increase accountability for jurisdictions that opt for stricter bail regulations and to promote public safety by limiting the release of individuals deemed dangerous.
Summary
House Bill 4880, known as the Protecting All Communities Equally Act of 2023 (PACE Act), seeks to address the issue of monetary bail in jurisdictions where it is prohibited. The bill mandates that if a state or political subdivision does not allow monetary bail, the courts must have the authority to assess the dangerousness of individuals charged with criminal offenses. Furthermore, it enables the courts to hold violent and repeat offenders on bail, ensuring that potentially dangerous individuals do not immediately return to the community without any prior assessment.
Contention
The introduction of HB 4880 has provoked discussions around the balance between public safety and civil rights. Supporters argue that the bill is essential for protecting communities from potentially violent offenders. Critics, however, may view the bill as a step backward in the movement towards comprehensive bail reform, which often seeks to eliminate monetary bail as a condition for release, arguing that it disproportionately impacts low-income individuals. The implications of the bill raise important questions about the fairness of bail practices and the accountability of jurisdictions opting against monetary requirements.