HB5659 - Relating to pretrial release

1 Co-Sponsor

The purpose of this bill is to clarify the conditions for pretrial release and the maximum bail amount that may be set for individuals charged with multiple misdemeanor offenses. The bill revises the definition of "bail" and establishes that a defendant has the right to select among several methods of securing bail, subject to a judicial officer's authority to impose terms and conditions of bail reasonably necessary to secure defendant's appearance and protect the public. The bill authorizes a judicial officer to release a defendant on his or her own recognizance but clarifies that a magistrate may not release a defendant charged with a felony offense on his or her own recognizance. It also establishes that a magistrate may not set "cash only" or "property only" bail.