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Bill Detail: HB19-1226

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Title Bond Reform
Status Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole (05/01/2019)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors L. Herod (D)
M. Soper (R)
Senate Sponsors P. Lee (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 03/08/2019
Description

Under current law, if a defendant is arrested for certain crimes and
the court determines that the public would be in significant peril if the
accused is released, the defendant is not bailable. The bill removes from
the list of crimes that are not bailable the crime of possession of a weapon
by a previous offender and sex assault crimes.
The bill requires each judicial district to develop:
  • A pretrial screening process; and
  • A chief judge administrative order specifying written
criteria for the immediate release of certain defendants
without any monetary conditions.
The office of the state court administrator shall develop statewide
standards and guidelines for the pretrial screening process and written
criteria for immediate release of certain defendants without any monetary
conditions.
The bill creates a presumption that a defendant should be released
with the least restrictive conditions possible and without monetary
conditions unless the court finds one or more of the following:
  • The person poses a substantial risk of danger to the safety
of any person or the community; or
  • There is a substantial risk that the person will not appear in
court as required; or
  • There is a substantial risk that the person will attempt to
obstruct the criminal process; and
  • There are no reasonable nonmonetary conditions of release
that reasonably assure:
  • The safety of any person or the community;
  • That the person will appear in court as required; or
  • That the person will not attempt to obstruct the
criminal justice process.
The bill requires the court to consider the results of empirically developed
and validated risk assessment instruction when making determinations
about the type of bond and conditions of release, but the assessment
cannot be the sole basis for the decision. The bill outlines the other
factors to consider in selecting the type of bond and conditions of release.
The bill delineates the types of bond that a court can set:
  • An unsecured personal recognizance bond, which may
include an amount specified by the court;
  • An unsecured personal recognizance bond with additional
nonmonetary conditions of release designed specifically to
reasonably ensure the appearance of the person in court and
the safety of any person or persons or the community;
  • A bond with secured monetary conditions; and
  • A bond with secured real estate conditions when the court
determined that release on an unsecured personal
recognizance bond without monetary conditions will not
reasonably ensure the appearance of the person in court or
the safety of any person or persons or the community.
The bill requires all counties and cities and counties to develop a
pretrial services program by July 1, 2020. A community advisory board
is established in each county or city and county to develop the plan for the
pretrial services program. The chief judge shall approve the plan
developed by the community advisory board prior to implementing and
starting the pretrial services program. The bill creates a funding program
to allow judicial districts to develop and sustain pretrial programs. The
office of the state court administrator shall develop minimum standards
for pretrial services programs, and the bill specifies other criteria for
pretrial services programs.
The bill specifies how a defendant, prosecuting attorney, or
bonding and release commissioner can ask for a review and modification
of bond.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/23/2019) (most recent)  
Additional Bill Documents Bill Documents
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  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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