Bill > S4141

Introduced Session

This bill concerns the temporary detention of a defendant who violates a condition of pretrial release, and clarifies the procedures for revocation of pretrial release for certain defendants. Under current law criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. A court may revoke a defendant's pretrial release and order the defendant to be detained pending trial if the defendant violates a condition of release or commits a new crime while on release if it finds by clear and convincing evidence that no monetary bail or conditions of release would reasonably assure the defendant's appearance in court and the public's safety, or reasonably prevent the defendant from the obstruction or attempted obstruction of the criminal justice process. Under the bill, a court may, upon motion of a prosecutor, temporarily detain a defendant who has been arrested or otherwise taken into custody if the defendant violates a condition of pretrial release or commits a crime while on pretrial release. The bill further provides that the procedures under current law for determining whether an eligible defendant is to be detained pending trial would apply to defendants who are temporarily detained for violating a condition of pretrial release. This bill encompasses Recommendation #22 of the Report of Reconvened Joint Committee on Criminal Justice Reform, issued on June 7, 2023.

AI Summary

Committee Categories

Vin Gopal (D)*,  Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/30/2023)

Official Document