Courts would weigh safety factors when deciding felony defendants' bail

Courts would have to consider listed safety factors when deciding whether a person charged with a felony can be released safely. The factors cover specified past convictions, any pending criminal charges, and current or past court orders protecting someone from abuse. Courts would also consider any other relevant factor. The requirements would take effect 60 days after enactment.

Courts would start from an assumption that release conditions cannot reasonably protect safety when two listed factors come from separate incidents. This applies to people charged with felonies who meet two listed safety factors, each arising from a separate incident. Defendants could challenge that assumption. The presumption of innocence and the ability to seek review of a bail decision would remain. The presumption would apply starting 60 days after enactment.

Courts denying bail on safety grounds would have to explain their decision in writing in the court record. This requirement covers bail denials based on danger to a person and the community. The explanation would have to identify evidence meeting the law's high proof standard and supporting the finding that no release conditions would reasonably assure safety. The written explanation requirement would take effect 60 days after enactment.