SB 122 REBUTTABLE PRESUMPTION AGAINST RELEASE

Sen Craig Brandt

Actions: [1] SCC/SHPAC/SJC/SFC-SCC

Scheduled: Not Scheduled

 Senate Bill 122 (SB 122) relates to pretrial release and establishes when a rebuttable presumption arises in order to hold a defendant in jail before trial. The bill contains an emergency clause, to take effect immediately.  

 SB 122 provides that if the prosecution provides probable cause that a defendant has committed certain offenses, it is presumed that the prosecution has proven that the defendant is likely to pose a threat to others if released pre-trial and that no conditions of release can protect the community.  The defendant is permitted to rebut this presumption. 

The offenses that trigger this presumption are: first-degree murder, first- or second-degree felony human trafficking of a child, first degree felony abuse of a child, a serious violent felony offense, a felony involving a firearm, a felony during which great bodily harm or death was inflicted, the commission of a new felony while pending trial or while on probation or parole for the above offenses, or the commission of a new felony within five years of a conviction for an offense listed above.  

SB 122 applies to charges filed against defendants on or after the effective date of the act and contains an emergency clause, to take effect immediately.   
 

 Currently, there is no presumption when determining pretrial release that a defendant is likely to pose a threat to others if released pretrial based on offense charged or criminal history.  

 SB 122 relates to HB 44, SJR 11 and HJR 3