Vol.19 No.5 - March 9, 1988 - GOVERNORS ASK U.S. TO IMPROVE MANAGEMENT OF CONSENT DECREES IN STATES

Sep 29, 2026

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Issue Vol.19 No.5 (March 9, 1988) discusses federal-state governance around consent decrees governing corrections, including a policy approved by governors through the National Governors’ Association committee. It outlines urging the federal government to handle and terminate consent decrees consistent with constitutional roles and state sovereignty. The issue also covers bail reform impacts on pre-trial detention rates, detention factors like safety and danger classifications, and includes a court security seminar announcement and related legal updates.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages11

Reading Time28 min

AccessFree to download

GOVERNORS: Want More Say In Consent Decree Process

BAil Reform Law: Who Gets Jailed?

DRUNK DRIVERS: What A Study Of Jailed Offenders Found

Court Security Seminar

FEDS JAIL ONLY 29 PERCENT OF PRE-TRIAL DEFENDANTS UNDER NEW BAIL REFORM LAW

Vol.19 No.5 At Annual Meeting... ## GOVERNORS ASK U.S.TOIMPROVE MANAGEMENT OFCONSENT DECREES IN STATES Also Discuss Problem Of AIDSIn Correctional Systems On Feb.23 the nation's governors approved anew policy position on the management of consentdecrees,which was developed by the Committeeon Criminal Justice and Public Protection oftheNational Governors'Association(NGA). Meeting in Washington,D.C.,the governorsfocused on efforts to restore“the delicate,vitalbalance”to the state-Federal relationship.Inexamining Federal intrusions into state affairs,thegovernors zeroed in on consent decrees which haveput the corrections systems in 34 states underthe management of Federal courts. The policy urges the Federal Government tohandle and terminate consent decrees in a mannerwhich is consistent with the proper roles of thelegislative,executive,and judicial branches ofgovernment.It also urges the Federal Govern-ment to give proper respect to state sovereigntywithin the Federal system. The full policy states: "The nation's governors believe that themaintenance of state sovereignty as envisioned inthe Constitution is the foundation of our Federalsystem of government.Legal action commencedby the Federal Government to require the states toenter into consent decrees as a condition to the set-tlement many times infringes on state sovereignty March 9,1988 IN THIS ISSUE GOVERNORS:Want More SayIn Consent Decree Process… … … …1 BAIL REFORM LAW:Who Gets Jailed? …2 DRUNK DRIVERS:What A StudyOfJailed Offenders Found… ……2 JOB LISTINGS… … ……4 SENTENCING RULES:Upheld… …5 DRUG TESTS:DOJ Expands Program… …5 COMMENTARY:ABA PresidentDiscusses Corrections Issues… …… …5 IN THE COURTS:Employee Drug Tests.Country-Westerm Music.Promotions.Parole.And A Lost Death Row Appeal …9 ## COURT SECURITY SEMINAR The University of North Florida's Institute of PoliceTechnology and Management(IPTM)will conduct aseminar on Court Security March 22-24 in Tucson.AZ;and again from May 24-26 and Nov.8-10in Jacksonville,FL.Topics of instruction include:Duties and respon-sibilities of court security personnel;normal and seques-tered juries:high risk trials;prisoner/defendant security;and physical security surveys.Tuition is $325.For moreinformation,contact Russ Arend.Director,IPTM,University of North Florida,4567 St.Johns Bluff Rd.S..Jacksonville.FL32216.Phone:904-646-2722. ## FEDS JAIL ONLY 29 PERCENTOF PRE-TRIAL DEFENDANTSUNDER NEW BAIL REFORM LAW Approximately 29 percent of the defendantsawaiting trial on Federal criminal charges during asix-month period in 1985 were incarcerated untilthey appeared in court,according to data releasedby the U.S.Justice Department's Bureau of Jus-tice Statistics(BJS)on Feb.14.This was anincrease from the 24 percent who were held duringthe same period in 1983-before the Bail ReformAct. Among the defendants held until trial after thenew Federal bail law took effect in November1984,40 percent were charged with drug offenses,19 percent with immigration law violations,14percent with violent crimes and 27 percent withother offenses,such as property crimes,fraud andregulatory violations. The chances of being incarcerated while await-ing trial were 20 percent higher after the BailReform Act for defendants charged with drug lawviolations carrying 10-year prison terms and 26percent higher for those charged with other drugcrimes,according to the Bureau. The probability of being held until theyappeared in court was 63 percent higher for defen-dants who had caused injuries,23 percent higherfor those who were classified as dangerous duringpre-trial interviews. There were also detention rate increases forpeople in other categories,such as those chargedwith immigration law violations. The data were provided to the Bureau by theAdministrative Office of the U.S.Courts,whichcollected the records of almost 17,200 defendantswho were tried

FAQs

What did the governors approve on Feb. 23 regarding consent decrees?

They approved a new policy position on managing consent decrees, developed by the NGA’s Committee on Criminal Justice and Public Protection.

How did the Bail Reform Act affect the share of federal pre-trial defendants incarcerated?

In 1985, about 29% were incarcerated until trial, up from 24% in 1983 before the Bail Reform Act.

What factors influenced whether defendants were held until trial under the new bail law?

The data indicate higher holding chances for defendants charged with certain drug offenses, those causing injuries, and those classified as dangerous during pre-trial interviews.

Sep 29, 2026

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