Bill > SB1381

This bill authorizes the Supreme Court to establish a three-year Pretrial Release Pilot Program in a large county served by a public defender's office, aiming to improve due process for individuals charged with crimes by ensuring timely and individualized hearings to determine whether they should be held or released before trial, and to set appropriate release conditions. The program mandates that these hearings occur within 48 to 72 hours of arrest, with detainees being informed of their rights and provided with legal counsel if they cannot afford it. During these hearings, detainees can challenge evidence, cross-examine witnesses, and present their own evidence, while judges must make individualized decisions based on community safety and the likelihood of the defendant returning to court, with the state bearing the burden of proof for detention. The bill also specifies that the least restrictive conditions, such as location monitoring or non-contact orders, should be imposed unless detention is necessary, and that any secured bond must consider the defendant's financial ability to pay, as an unaffordable bond is considered a denial of bail. Audio recordings of these hearings will be made, and for offenses where bail is denied, specific legal standards must be met. If witnesses are unavailable, hearings can be continued for up to three days. The bill also creates a revolving fund to support the program and requires district attorneys to publish quarterly data on pretrial release statistics on their websites.