Pretrial Detention and Release Policy

Study Notes

The policy of the state is to detain individuals who commit serious criminal offenses, pose a threat to the community or judicial process, or fail to appear at trial.
However, individuals who meet specified criteria will be released under certain conditions until proceedings are concluded and adjudication is determined.

The Legislature aims to detain individuals who pose a threat to society while reducing incarceration costs by releasing those who are not a danger to the community and meet certain criteria.
The primary consideration is the protection of the community from physical harm.

Pretrial release determinations will be governed by rules adopted by the Supreme Court.

The accused's record of convictions, appearances at court proceedings, flight to avoid prosecution, or failure to appear at court proceedings will be considered.
The circumstances of the accused's family, employment, financial resources, character, mental condition, and length of residence in the community will also be considered.

No person shall be released on nonmonetary conditions unless the pretrial release service certifies that it has investigated or verified the necessary information.
There is a presumption in favor of release on nonmonetary conditions for individuals granted pretrial release, unless they are charged with a dangerous crime.
Monetary conditions may be imposed if necessary to assure the presence of the person at trial, protect the community, assure the presence of the accused, or assure the integrity of the judicial process.

When a person is charged with a crime committed at or against a school, the court must consider whether electronic monitoring and a prohibition from being within 1,000 feet of any school are appropriate to protect the community.