Starting January 1, 2027, courts could use risk reports when setting pretrial release conditions, but those reports could not decide release by themselves.
Beginning January 1, 2027, courts could use risk reports when setting release conditions and would have to use them in violent-crime cases. The reports could not be the only basis for release decisions.
Starting January 1, 2027, a court may set bail after a misdemeanor or felony arrest but before formal charges or an indictment, unless another law says otherwise.
Courts may use a public safety report to help decide a defendant’s release conditions and must use one for defendants charged with violent crimes. The rule covers defendants arrested for misdemeanors or felonies who are awaiting trial. A report may include information such as the defendant’s identity, charges, criminal history, missed court appearances, current supervision or release, warrants, protective orders, and possible bond conditions. The report cannot be the only reason to grant or deny pretrial release. Upon request, the report’s results must be given to defense counsel and the state’s lawyer. These rules would apply beginning January 1, 2027.
A court may set bail for a person arrested for a misdemeanor or felony before formal charges or an indictment. This applies to arrested people who have not yet been formally charged or indicted. Another law can prevent bail from being set under this provision. The provision would apply beginning January 1, 2027, during the period after arrest and before formal charges or an indictment.
No hearings or votes scheduled.