Bill > S3107

Introduced Session

This bill concerns the consideration of factors by the court at a hearing for pretrial detention or the violation of a condition of pretrial release. Under current law, criminal courts may order the 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. In making this determination, the court is required to consider an number of factors, including the recommendation of the Pretrial Services Program (PSP), based on a risk assessment instrument approved by the Administrative Director of the Courts. The provisions of the bill provide that under the approved risk assessment, the fact that a defendant lacks significant ties to the State is to weigh in favor of a recommendation to detain the defendant pending trial. In evaluating whether a defendant has significant ties, the PSP is required to consider the: location of the defendant's family; length of time the defendant was physically present in the State and duration of any absence; location of the defendant's property; and extent to which the defendant has ties to the State such as voting registration, State or local tax return filing, vehicle registration, driver's license, social relationships, and receipt of services. Under current law, the PSP is required to recommend no release when a defendant has been charged with any crime for which the eligible defendant would be subject to a mandatory term of imprisonment for certain crimes involving the use or possession of a firearm. Under the bill, the PSP also is required to recommend no release of a defendant who has been extradited to this State from another jurisdiction if the court finds that the defendant was in the other jurisdiction to avoid prosecution or service of a criminal sentence. Current law permits a court to revoke pretrial release and order detention pending trial if a defendant violates a condition of release or commits a new crime while on release, but only 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 that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. This bill provides that if a defendant who is granted pretrial release violates a restraining order or condition of release, the court is required to revoke the defendant's release and order the defendant to be detained pending trial for a period of not less than 30 days for a first violation; a period of not less than 60 days for a second violation; a period of not less than 120 days for a third violation; and pending the final disposition of the matter for a fourth violation. The bill further provides that if there is probable cause to believe that the defendant committed a new crime while on release, the court is required to revoke the defendant's release and order the defendant to be detained pending trial unless it finds by clear and convincing evidence that monetary bail, non-monetary bail, or conditions of release would reasonably assure the defendant's appearance in court and the public's safety, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process. Finally, the provisions of the bill require the PSP to compile its findings and issue an annual report to the Governor and the Legislature summarizing, for each case following a pretrial detention hearing, whether the defendant was detained or released pending trial and whether the court's decision to detain or release the defendant is in accordance with or contrary to the recommendation of the PSP. The report is not to include the personal identifying information of any defendant.

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Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 04/15/2024)

Official Document