Bill > HB5437

This bill amends the Criminal Procedure Act to provide additional criteria and procedures for courts to consider when imposing certain conditions of release for defendants before trial. The key provisions are: 1) Requiring courts to conduct an inquiry into a defendant's ability to pay for any conditions of release, and consider whether voluntary supportive services could address any pretrial risks instead. 2) Allowing defendants to request a hearing to reevaluate any "significant liberty restraint" conditions (like electronic monitoring or in-person reporting) if they have complied with the condition for at least 60 days, unless the defendant is charged with certain violent or sex offenses. 3) Creating a due process hearing that defendants or prosecutors can request if the defendant remains incarcerated 48 hours after the initial pretrial release decision, to review the decision and consider less restrictive conditions. 4) Defining key terms like "significant liberty restraint," "personal harm," and "substantiated" to provide more clarity around the standards courts must apply.