House Bill 80 (HB 80) enacts a new section of criminal procedure regarding detaining defendants without bail and allows a court to require a defendant to participate in substance abuse treatment programs pending trial.
The bill creates a rebuttable presumption that under certain circumstances, no release conditions will reasonably protect the safety of others or the community, and therefore the defendant must be held without bail before conviction. The prosecutor must request a pretrial detention hearing and must prove by clear and convincing evidence one of the following: (1) the defendant is charged with a first-degree felony or a serious violent offense; (2) the defendant was previously convicted of a felony; or (3) the defendant previously violated conditions of pretrial release for any offense.
The bill defines a “serious violent offense” as: second degree murder, voluntary manslaughter, third degree aggravated battery, first degree kidnapping, first and second degree criminal sexual penetration, second and third degree criminal sexual contact of a minor, first and second degree robbery, second degree aggravated arson, shooting at a dwelling, shooting at or from a motor vehicle, aggravated battery or assault against a police officer, assault with intent to commit a violent felony against a peace officer, or various other offenses, when the nature of the offense and the resulting harm are such that the judge determines the crime to be a serious violent offense.
In order to rebut this presumption, a defendant must demonstrate, by a preponderance of the evidence, that the prosecutor did not meet its burden.
HB 80 provides that the Rules of Evidence do not apply to a pretrial detention hearing and that this this law cannot be construed to modify or limit the person’s presumption of innocence.
If a court finds that a defendant be detained prior to trial, the court may require the defendant to participate in a substance abuse program pending trial, so long as the defendant stipulates to having a substance abuse addition or problem. Programs include: (1) a 28-day inpatient, residential or in-custody substance abuse treatment program, (2) a 90-day outpatient treatment program, (3) a drug court program; or (4) any other program approved by the court.
If a defendant fails to complete the ordered program, the court may issue an arrest warrant, determine if the defendant should be detained without bail, and may punish the defendant for contempt of court.
HB 80 is effective July 1, 2021.