EXTRAORDINARY CONDITIONS OF RELEASE UNDER THE BAIL REFORM ACT.

This article discusses the extraordinary conditions of release afforded white collar criminals Bernard Madoff and Marc Dreier under the U.S. Bail Reform Act of 1984. Madoff and Dreier were released to their homes with special conditions that limited their movements and restricted them to their homes. Both defendants were required to pay for the cost of these special conditions. The article argues that such special conditions are inherently unfair because defendants who pose similar flight risks but who can't afford such extraordinary conditions are held in much worse conditions. The article also argues that neither the Bail Reform Act nor the U.S. Constitution provides for such extraordinary bail relief.