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| Conditions of Pre-Trial Release |
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United States v. Crowell,
No. 06-M-1095 (W.D. N.Y, December 7, 2006): Conditions of Pre-Trial Release: Pursuant to the recently enacted Adam Walsh Child Protection and Safety Act of 2006, several defendants in this case were subject to additional conditions of release (after they had already been released) including: 1) refraining from contact with minors absent the direct supervision of a responsible adult; 2) refraining from contact with the alleged victims, witnesses, or family of the victims or witnesses; 3) participating in a home confinement program and abiding by all requirements of the program, including electronic monitoring or other location verification system, the cost of which must be borne by the accused; and 4) submitting to a curfew restricting each accused to his residence. Pre-Trial Services contacted the accused through counsel to see if they would agree to these conditions. They objected and requested a hearing. HELD: the Act is unconstitutional because it mandates the imposition of specific conditions for the pretrial release of a criminal defendant accused of certain crimes in violation of procedural Due Process, the separation of powers doctrine, and the Excessive Bail Clause of the Eight Amendment.
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