Bill > S949

This bill modifies the process for reviewing bail decisions made by a district court justice. If a district court justice decides to release someone on their own promise to appear in court (personal recognizance), with or without a guarantee (surety), the person has the right to have that decision reviewed by a higher court, similar to existing procedures. However, if the district court justice, based on clear and convincing evidence, determines that no conditions can ensure public safety and orders the person held before trial (detention), a justice of the superior court will review this detention order. This review must happen quickly, within five business days of the request. The superior court justice will only look for clear mistakes in fact or law made by the district court that significantly impacted the decision. The superior court justice will consider the district court's written reasons, police reports, the complaint, criminal history, and any other evidence presented. If a clear error is found, the superior court justice can change the district court's decision, potentially ordering release on bail or making other adjustments. If the superior court justice modifies the decision or issues a new order, they must explain the error and the reasons for their action. If no clear error is found, the superior court justice will uphold the original district court decision.