Amends TCA Title 40.

BAILABLE OFFENSES - RELEASE<br /> <br /> Present law provides that a person charged with a bailable offense, before a magistrate authorized to admit the person to bail, may be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community.<br /> <br /> As an alternative to the present law, this bill adds that a person charged with a bailable offense, before a magistrate authorized to admit the person to bail, may be ordered released pending trial with conditions of release that may include the deposit of bail.<br /> <br /> This bill adds that in making a determination pursuant to this bill, the magistrate must give first consideration to ensuring the safety of the community.<br /> <br /> RELEASE FACTORS CONSIDERED<br /> <br /> Present law provides that the magistrate, when making a determination on whether or not a defendant must be released, may consider several factors including the nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance. <br /> <br /> This bill amends the above provision to provide, instead, that one of the several factors that a magistrate may consider includes the nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance and the safety of the community.<br /> <br /> CONDITIONS ON RELEASE<br /> <br /> Present law provides that if a defendant does not qualify for a release upon recognizance, then the magistrate must impose the least onerous conditions reasonably likely to assure the defendant's appearance in court.<br /> <br /> This bill amends the above provision to provide, instead, that if a magistrate determines that conditions of release are necessary, then the magistrate must impose the least onerous conditions reasonably likely to ensure the safety of the community and the defendant's appearance in court.<br /> <br /> If conditions on release are found necessary, under present law a magistrate may impose one or more certain conditions including imposing any other reasonable restriction designed to assure the defendant's appearance, including, but not limited to, the deposit of bail.<br /> <br /> This bill amends the above provision to provide, instead, that if conditions on release are found necessary, a magistrate may impose one or more certain conditions including imposing any other reasonable restriction designed to ensure the safety of the community and the defendant's appearance, including, but not limited to, the deposit of bail.<br /> <br /> BAIL SECURITY REQUIRED<br /> <br /> Present law provides that absent a showing that conditions on a release on recognizance will reasonably assure the appearance of the defendant as required, the magistrate must, in lieu of the conditions of release, require bail to be given.<br /> <br /> This bill amends the above provision to provide, instead, that if the magistrate determines that a release on recognizance or with conditions will not reasonably ensure the safety of the community and the appearance of the defendant as required, then the magistrate must require bail to be given.<br /> <br /> SETTING BAIL<br /> <br /> Present law provides that bail must be set as low as the court determines is necessary to reasonably assure the appearance of the defendant as required.<br /> <br /> This bill clarifies that bail must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant as required.<br />