Bill > HB228

This bill revises procedures for pretrial detention hearings, which are hearings held to determine if a person arrested for a crime should be held in jail before their trial. It expands the timeframe for an individual to demand a preliminary hearing, which is a hearing to determine if there's enough evidence to proceed with charges, from 30 to 45 days after arrest, and clarifies that a pretrial detention hearing can satisfy this right unless the court orders otherwise. The bill also outlines specific serious offenses, such as murder, rape, and human trafficking, for which a defendant can be held without bail if the court finds by clear and convincing evidence that no conditions of release will ensure their court appearance or protect the community. It establishes timelines for these hearings, generally within 10 days of arrest, with provisions for continuances, and guarantees defendants the right to counsel, to testify, present witnesses and evidence, and cross-examine. The bill also details factors the court must consider when deciding on bail, including the nature of the offense, evidence, and the defendant's history, and states that rules of evidence are relaxed during these hearings, though the defendant's testimony cannot be used against them except for perjury or impeachment. Finally, it addresses the recording of hearings, the process for appealing detention orders, and allows for court-ordered supervision by the Board of Pardons and Paroles as a condition of bond for certain offenses, while also repealing a previous law related to pretrial supervision.

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