SB 10 Summary

• Repeals existing bail system effective October 1, 2019, and replaces it with a risk-based pretrial release and detention system using validated risk assessment tools.

• Requires courts to establish Pretrial Assessment Services to evaluate arrested persons as low, medium, or high risk and make release recommendations; misdemeanor arrests must be booked and released within 12 hours unless they meet specific exceptions.

• Creates presumption for release on own recognizance with least restrictive nonmonetary conditions, but allows prosecutors to file motions for preventive detention based on violent offenses, pending cases, witness intimidation, or public safety concerns.

• Requires preventive detention hearings within three court days with defendant's right to counsel, victim notice and opportunity to be heard, and court must prove by clear and convincing evidence that no conditions will assure public safety or appearance in court.

• Establishes funding mechanisms through the Judicial Council and Department of Finance for pretrial assessment services, supervision, and judiciary workload; requires data reporting and biennial reports to Legislature beginning January 1, 2021.