S. 309Senate117th Congress (2021-2023)In Committee

Smarter Pretrial Detention for Drug Charges Act of 2021

Introduced February 12, 2021

AI-Generated Summary

Updated February 7, 2026 at 10:39 PM UTC

The Smarter Pretrial Detention for Drug Charges Act of 2021 lets federal judges have more flexibility when deciding whether to keep defendants charged with non‑violent drug offenses in pretrial detention. It changes the law that sets release conditions, affecting people facing federal drug charges and the courts that handle those cases.

Key Provisions

  • Amends Section 3142 of Title 18 by replacing the reference to 42 U.S.C. 14135a with 34 U.S.C. 40702.
  • Deletes subparagraph (A) of subsection (e)(3) and renumbers the remaining subparagraphs, altering how release conditions are applied for non‑violent drug defendants.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

February 12, 2021

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SenateIntro Referral

Introduced in Senate

February 12, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

February 12, 2021

Floor Debate

2 members

What members said about S. 309 on the floor

2 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Feb 12, 2021

Mr. President, I rise today to talk about an issue of critical importance to California: doctor shortages. First, I want to express my deepest appreciation and gratitude to the entire medical…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 12, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued February 12, 2021

II

117th CONGRESS

1st Session

S. 309

IN THE SENATE OF THE UNITED STATES

February 12, 2021

Mr. Durbin (for himself, Mr. Lee, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To 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 2021.

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.