S.F. No. 88 - Bill Summary

• Defendants charged with misdemeanors must be released on personal recognizance unless the court determines substantial likelihood they will fail to appear or pose a threat to victim safety.

• Courts cannot impose financial conditions of release that result in pretrial detention; if a defendant remains in custody more than 48 hours after a financial condition is imposed, a rebuttable presumption exists that the condition caused detention.

• Seven specific offense violations are exempted from these requirements: DWI (169A.20), domestic abuse (518B.01), certain assault offenses (609.224, 609.2242), harassment (609.748, 609.749), and failure to appear (629.75).

• Money bail must be deposited with the court administrator, retained until case disposition, and returned to the accused upon release or applied to fines and restitution upon conviction.

• Effective date: August 1, 2020.