SB 856

In determining whether or not a defendant who is charged with a bailable offense s hall be released, and if so, the least restrictive conditions of release that will reasonably ensure the appearance of the defendant as required and the safety of the community, present law requires the magistrate to consider any available results of a va l idated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. Additionally, present law authorizes the magistrate to consider any of the following factors when making such determina t ions: (1) The defendant's length of residence in the community; (2) The defendant's employment status; (3) The defendant's prior criminal record, including prior releases on recognizance or bail; (4) Whether, at the time of being charged with the offense, the defendant was on release pending trial, sentencing, or appeal in connection with another offense; (5) The nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the ri sk of nonappearance and the safety of the community; (6) Any substance use or mental health issues that would be better addressed in a community-based treatment program; and (7) Any other factors indicating the defendant's ties to the community or bear ing on the defendant's risk of willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state. This bill adds as an eighth factor that the magistrate may consider reliable hearsay evidence, including, bu t not limited to, computer printouts of state and federal criminal records maintained by the TBI and the FBI, if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by the magistrate. This bill also authorizes a magistrate to consider such factor when determining the amount of bail necessary to reasonably assure the appearance of a defendant while at the same time protecting the safety of the public. ON MARCH 13, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSE D SENATE BILL 856, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:  Adds that in determining whether or not a defendant sh ould be released on bail pending trial , the magistrate may consider hearsay evidence when the magistrate finds that the evidence is reliable if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by the magistrate.  Adds that in determining the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public, the magistrate may consider hearsay evidence when the magistrate finds that the evidence is reliable if the defendant is accorded a fair opportunity to rebut any reliable hearsay evidence considered by the magistrate.