Bill > SB1243

This bill modifies Supreme Court Rule 33.01 regarding conditions of release from custody in criminal proceedings, providing judges with more discretion in setting release conditions. The bill removes previous language that required courts to first consider non-monetary conditions and instead allows judges to directly set monetary or non-monetary conditions based on individual case circumstances. When determining release conditions, courts must now give substantial weight to factors such as the defendant's criminal history, prior court appearance record, the nature of current charges, and potential community safety risks. The bill explicitly states that courts are not required to exhaust non-monetary conditions before setting monetary conditions if they determine monetary conditions are necessary to ensure the defendant's court appearance and public safety. The bill maintains the fundamental principle that defendants charged with bailable offenses are entitled to release, but allows courts more flexibility in setting conditions. The bill provides a detailed list of potential release conditions, ranging from supervised custody and travel restrictions to electronic monitoring, treatment requirements, and monetary bonds. Importantly, the bill emphasizes that any conditions set must be the least restrictive necessary to secure court appearance and community safety, and the court's discretion in setting these conditions will be presumed valid unless there is a clear abuse of discretion. The changes to this rule will become effective on January 1, 2027.

Justice

https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=233