MI HB4656

Court must consider whether pretrial services referral would suffice before imposing conditions of release exceeding standard conditions, and must state on record the reasoning for each condition imposed and why it is the least restrictive means available.

Defendant may request a hearing to reevaluate conditions constituting "significant liberty restraints" (drug/alcohol testing, electronic monitoring, or in-person reporting) after 60 days of compliance; there is a rebuttable presumption such conditions must be discontinued unless defendant is charged with assaultive crime, listed offense, or domestic violence offense.

Electronic monitoring for location purposes limited to defendants charged with domestic violence, assaultive crime, or listed offense, and only upon clear and convincing evidence that defendant poses risk of absconding or harm to identifiable person or community; removes requirement that defendant pay monitoring costs.

Adds new due process hearing requirement if defendant remains incarcerated 48 hours after pretrial release decision; court must conduct de novo review hearing within 48 hours and cannot order detention unless clear and convincing evidence shows defendant poses risk of absconding or harm and no less restrictive conditions available.

Effective January 1, 2025, contingent on enactment of Senate Bill No. ____ or House Bill No. 4655.