DE HB356

Defines "Risk Assessment Instrument" as a pretrial tool that scores factors to estimate a defendant's risk of failing to appear in court, committing new crimes, or posing danger to victims or the community

Requires all risk assessment instruments used in pretrial release decisions to be fully transparent, with all documents, data, records, and validation information open to public inspection and auditing

Grants defendants the right to review all calculations and data used to determine their individual risk scores in criminal cases

Prohibits builders or users of risk assessment instruments from claiming trade secret or intellectual property protections to block discovery of instrument materials in legal proceedings

Bans use of any risk assessment instrument until testing demonstrates it does not increase or magnify bias against protected classes, as measured by standards such as the error rate balance test