Vote Smart's Synopsis:

Vote to pass a bill that establishes an automated risk assessment system in the pretrial release process.

Highlights:

• Requires the Secretary of Public Safety and Correctional Services to establish the following programs by May 1, 2015 (Sec. 1):
• A “Pretrial Release Services Program” in order to offer alternatives to pretrial detention; and
• A “validated risk assessment tool” that has been approved by the Court of Appeals.

• Authorizes the Pretrial Release Services Program to order the release of an arrested individual who is determined to be eligible for pretrial release after an assessment that uses a validated risk assessment tool (Sec. 1).

• Prohibits the Pretrial Release Services Program from authorizing the pretrial release of a defendant if a law enforcement officer certifies by affidavit and swears under oath the following facts about the defendant (Sec. 2):
• The defendant is a flight risk;
• The defendant poses a credible public safety risk; or
• The defendant is a threat to themselves or to others.

• Requires the law enforcement officer who submitted the affidavit to appear at a pretrial release hearing for the defendant before a judge on the next day that the court is in session (Sec. 2).

• Requires a Pretrial Release Service Program to adhere to the same provisions as the District Court Commissioner when determining the pretrial release of a defendant charged with certain crimes, including, but not limited to, the following (Sec. 2):
• Crimes of violence;
• Crimes of burglary or arson; or
• Crimes related to firearms. 

• Requires the District Court to operate at least 6 days a week in order to make release determinations for individuals not released by the Pretrial Release Services Program (Sec. 2). 

• Authorizes the secretary to establish a Pretrial Release Services Pilot Program in certain counties, following the approval of the county’s governing body, before May 1, 2015 (Sec. 5). 

Full Bill Text