Reading Room Document
Constitutional memorandum concerning pretrial detention
The document is a draft memorandum discussing the constitutional issues surrounding pretrial detention. The author seeks feedback on the draft, particularly regarding the vagueness of the phrase "will reasonably assure the safety of any other person or the community" in the proposed bill. The author also raises concerns about the coverage of drug offenses in the memorandum and suggests seeking input from another colleague for a draft argument in support. The document presents questions about the constitutionality of the proposed bill and seeks input on how to clarify the language to ensure it aligns with constitutional principles.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit