The PACE Act of 2023 would override state and local laws that prohibit monetary bail in criminal cases. The bill requires courts in jurisdictions with bail prohibitions to still have the power to assess whether defendants are dangerous and to impose bail on those determined to be violent or repeat offenders. The legislation affects states and cities that have adopted no-cash-bail policies, forcing them to allow judges to set monetary bail despite their existing restrictions. A key provision waives sovereign immunity, meaning jurisdictions that prohibit bail can be sued for damages if a person released without bail commits crimes that cause property damage or personal injury. The law would take effect 30 days after passage.
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