What does SB21-062 do?

What are the key provisions of SB21-062 to safely reduce arrests, cash bond, & jail populations? 

1. Empowers sheriffs

Empower sheriffs to actively manage their jail populations in order to reserve jail beds for people who are a threat to the safety of others. 

2. Increases summons in lieu of arrest

a. Mandatory summons in lieu of arrest for non-violent misdemeanors (meaning crimes not included in the Victim Rights Act).

b. For lower-level felonies and Victim Rights Act offenses, law enforcement officers have the discretion to arrest anyone that they deem to be a safety risk to another person, or anyone they deem would persist in criminal behavior if not arrested.

3. Limit pretrial detention on money bond to people who pose a safety or flight risk.

a.  Courts would be limited to impose money bond for lower-level felonies and misdemeanors to the situations where there is a risk to either the safety of others and/or flight from prosecution. These are the the key legal justifications for pretrial detention identified by the U.S. Supreme Court: 

b. Limits the use of money bond for failure to appear to situations where:

i. Witness or victim’s time was wasted;

ii. Witness or victims face harassment by the defendant,

iii. The defendant is a flight risk, or

iv. There were 3 or more failures to appear in the case.

c. Limits the use of money bond for allegations of technical (non-criminal) probation violation to situations where the defendant has already had their probation revoked in the past, unless the allegation is for a failure to comply with sex offense or domestic violence treatment.