Summary:

 House Joint Resolution 9 (HJR 9) proposes to remove the requirement in the constitution that only courts of record may deny bail. It also proposes to allow courts to deny bail for any criminal offense upon a finding that a defendant is either dangerous, a flight risk or had previously failed to appear in court.   

Legislation Overview:

 House Joint Resolution 9 (HJR 9) proposes to amend Article 2, Section 13 of the state constitution regarding the denial of bail and the imposition of pretrial detention.  
First, it removes the requirement that only courts of record are able to deny bail. Instead, bail may be denied by any court. 
Second, it allows a defendant charged with any offense (not just a felony) to be detained pending trial if the court determines that a defendant: (1) is dangerous and release conditions will not reasonably protect the safety of any other person or the community; (2) a flight risk; or (3) has previously failed to appear at court.    
The proposed amendment is to be submitted to the people at the next general election or any special election that may be called for that purpose. 

Current Law:

 Currently, bail can be denied only by a court of record, and only a defendant charged with a felony can be held pretrial.  Bail may be denied pending trial for a defendant charged with a felony if the prosecutor proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.