Courts would deny bail for some non-murder charges

A court would deny bail if prosecutors meet both proof tests. This applies to people charged with crimes other than murder. Other cases remain eligible for bail. Prosecutors must show it is more likely than not that strong evidence backs the charge. They must give clear and convincing proof that the person poses a serious danger and that no release terms would reasonably protect others. These bail rules would start January 1, 2027.

A court would hold a bail hearing when prosecutors ask to deny bail. The hearing procedure applies to charges other than murder. A later request would need a sworn statement about information that was unknown or unavailable at the first hearing. The arrested person would have the right to a lawyer, including one appointed by the court if they cannot afford one, and could present evidence and question witnesses. The court must hold the hearing within 48 hours after the request is filed unless that is impracticable or the court grants a short delay.

A court would give written reasons for denying bail and could reconsider a bail order. These rules apply to bail orders under the hearing procedure for charges other than murder. Either side could appeal a bail order. Reconsideration would require information that was unknown or could not be obtained at the earlier hearing and that matters to whether release terms can keep others safe. A court could reconsider a bail order at any time before trial.