MI HB5440

Courts may consider actuarial risk assessment instruments approved by the state court administrative office when setting bail under section 6 of the Criminal Procedure Act.

Counties and courts must request approval from the state court administrative office before using any pretrial risk assessment instrument, with the office required to make a determination within 90 days.

Approved instruments are valid for 5 years, after which they must be revalidated and resubmitted for continued use.

The state court administrative office must consult with stakeholders including judges, prosecutors, defense attorneys, law enforcement, and domestic violence organizations before approving instruments.

Risk assessment instruments must be validated as unbiased on the basis of race, gender, and socioeconomic status, and must accurately predict risk of nonappearance or danger to public safety.