HB 5436 Summary

• Establishes that defendants are entitled to release on personal recognizance or non-excessive bail to comply with Michigan Constitution articles 15 and 16, eliminating previous bail-setting criteria.

• Allows courts to detain defendants without bond only if they pose articulable risks of absconding or personal harm, proof is evident or presumption of guilt is great, and defendant is charged with specific crimes (murder, treason, first-degree criminal sexual conduct, armed robbery, kidnapping with extortion intent, or violent felonies with prior convictions or probation/parole status).

• Requires courts to determine defendant's ability to pay through financial disclosure forms and consider factors including criminal history, community ties, weight of evidence, pending charges, and mitigating circumstances before imposing any monetary or nonmonetary conditions.

• Mandates courts prioritize personal recognizance with standard conditions or least restrictive nonmonetary conditions; permits cash bail only when no combination of nonmonetary conditions addresses risk and defendant is charged with assaultive crimes, listed offenses, serious misdemeanors, DUI violations, or felonies punishable by 5+ years imprisonment.

• Requires district and circuit courts to submit quarterly reports to the State Court Administrative Office containing bond decision data including bond type, detention status, charges, judge identity, demographic information, risk assessment results, failures to appear, and rearrests.