Who Is An Eligible Defendant?
Eligibility is based on computer algorithm after assessing all of the risk factors. Defendants are assessed a score and a decision to remand or release is made. The prosecutor’s office will make a motion to remand and defense counsel contests. The decision is reviewable every 6 months.
Will The Role Of The Municipal Court Change After The Bail Reform Law Takes Effect?
Somewhat. Any arrest on a warrant, rather than a complaint, requires the defendant be held for 48 hours until a risk assessment hearing is done. So all those domestic violence simple assault arrests will first go to the Superior Court for a risk assessment and decision to remand or release.
How Will A Judge Or Authorized Municipal Court Administrator Be Able To Access The PSA When Deciding Summons/Warrant After Hours?
The Municipal Court is not involved in the process. However, reports and other information required for the hearing is dispensed through e-courts. Registered attorneys can obtain the case materials and reports by logging into e-courts. It is a work in progress getting documents accessible to attorneys and getting prosecutors to provide witness statements. There has already been one Appellate decision requiring prosecutors to provide witness reports through e-courts.
Will Defendants Released Pretrial Be Monitored and If So, By Whom?
If monitoring is deemed necessary they will be monitored by the department of probation.
To Whom Does The Speedy Trial Portion Of the Bail Reform Law Apply?
Speedy trial right attaches to those who remain in jail. 90 days from time of arrest to indictment and 180 days from time of indictment to time of trial. No more than two years for the entire process.
What Are The Speedy Trial Parameters?
90 days from time of arrest to indictment and 180 days from time of indictment to time of trial. No more than two years for the entire process.
How Will Bail Reform Affect The Jails?
It is estimated that 75% of inmates are awaiting trial. Most of those people will not be in jail pending their trial. This will reduce the costs associated with the jails.
How Will Bail Reform Affect Police?
The police now have an extraordinary ability to run someone “through the system”. Even if someone is ultimately not guilty or entitled to a diversion of probation, the police determine whether they will go to jail for 48 hours based on whether they arrest based on a complaint summons or warrant. A police officer’s version of “cooperation” can include waiving your right to remain silent and consenting to a search. Will this influence whether a defendant is held 48 hours in county jail or released?
What Has Been The General Public’s Response To The New Bail Reform?
This all stems from a constitutional amendment that was approved by the voters. I think most people are in shock when they learn someone is going to be held for 48 hours for a nonviolent or minor offense. But there really has not been much pushback to this point. The real test will be the first time a released offender hurts or kills someone while on release or commits another offense. The result will likely be fake news.
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