What doesn’t SB21-62 Do?

Does SB21-062 limit arrests or bond setting for violent felonies, like murder and rape?

No. All high-level felonies and statutory crimes of violence are completely excluded from the bill.

Does SB21-062 prohibit arrests for felonies and Victim Rights Act offenses?

No. High level felonies are excluded from this bill. Arrests on lower level felonies and Victim Rights Act (VRA) offenses are always permissible when there is a safety risk or a concerns of continued criminal conduct.

Does SB21-062 lessen protections for domestic violence victims?

No. All domestic violence cases are exempted from the summons provisions and money bond is always permitted when there is a threat to the safety of a victim. Nothing in the bill changes the mandate that people arrested on domestic violence charges must appear before a judge to acknowledge the protection order before being released on bond.

Does SB21-062 require personal recognizance (PR) bonds (non-monetary bonds) for felonies and violent offenses?

No. A judge may set a money bond on any offense when there is a risk to the safety of another, or a risk of flight from prosecution. These are the lawful justifications for pretrial detention recognized by the U.S. Supreme Court and federal courts across the country.

Does SB21-062 give a free pass to people who fail to appear in court?

No. Nothing in this bill limits the ability of the court to issue arrest warrants for failure to appear (FTA) or of officers to execute FTA arrest warrants. People will continue to be subject to arrest and jailing on their very first missed court date. The bill does set some limits on courts imposing money bond that may lead to pretrial incarceration for simple FTA, but money bond is always permitted when the missed court date wastes either a victim or witness’s time, serves to harass a victim or witness, or when there is a risk of flight from prosecution.

Does SB21-062 institute the strict jail admission standards in place during COVID?

No. This bill institutes a much narrower subset of jail admission policies than those used to reduce jail populations during the COVID-19 crisis. In many jails during the COVID-19 crisis, most misdemeanors and many low-level felonies were blocked from entry to the jail, regardless of whether a warrant had been issued for the defendant’s arrest. SB21-062 does not affect arrest on warrants, and it includes a broad safety and repeat offense exception that permits arrests for all VRA misdemeanors and felonies.