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HB18-1089: No Monetary Conditions Of Bond For Misdemeanors

Criminal Justice | End Debtors' Prisons
Bill Number: HB18-1089
Year: 2018
ACLU Position: Support
Sponsors: A. Benavidez

Description:
The bill states that, except in certain cases, a court shall not require
a defendant arrested and charged for any misdemeanor, petty offense, or
municipal code violation to post monetary bail as a condition of being
discharged from custody. A defendant who is charged with an offense
other than a felony may not be released from custody under his or her
own recognizance until he or she signs and files with the clerk of the
court or other designated person a written release agreement that includes
certain promises.
Current law requires any pretrial services program to be
established pursuant to a plan formulated by a community advisory board
created for such purpose and appointed by the chief judge of the judicial
district. The bill makes this requirement merely permissible.
The bill states that if a person is in custody and the court imposed
a monetary condition of bond for release, and the person, after 5 days
from the setting of the monetary condition of bond, remains in custody
because he or she is unable to meet the monetary obligations of the bond,
upon motion of the person, the court shall forthwith conduct a hearing to
reconsider the monetary condition of the bond.

Current Status:

Introduced In Senate - Assigned to State, Veterans, & Military Affairs (04/02/2018)
House Third Reading Passed - No Amendments (03/29/2018)
House Third Reading Laid Over to 03/28/2018 - No Amendments (03/27/2018)
House Third Reading Re-referred with Amendments - Committee (03/21/2018)
House Third Reading Laid Over to 03/20/2018 - No Amendments (03/14/2018
House Committee on Judiciary Refer Amended to House Committee of the Whole (03/08/2018)
House Committee on Judiciary Witness Testimony and/or Committee Discussion Only (02/22/2018)
Introduced In House - Assigned to Judiciary (01/18/2018)



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