NCJ Number
98313
Date Published
1985
Length
87 pages
Annotation
This volume summarizes the 'danger laws' of 32 States, the District of Columbia, and the Federal Government, which permit judges setting pretrial release conditions to consider the defendant's dangerousness.
Abstract
Prepared as part of a broader study of pretrial dangerousness, these summaries are based on a review of the relevant sections of State constitutions, statutes, and court rules. Originally intended to cover only laws passed through the end of 1982, the volume was updated to include the 1983 Iowa law as well as the Federal Bail Reform Act of 1984. The summary of each law notes (1) defendants not entitled to pretrial release; (2) types of defendants to whom the danger provisions of the law apply; and (3) special conditions that may be imposed on dangerous defendants, including whether such defendants may be detained before trial. The summaries also indicate special procedures required to invoke the dangerousness provisions, including the required findings, factors to consider, standard of proof, burden of proof, hearing requirements, and speedy trial rules. Review/appeals procedures of the laws are also summarized. (Author abstract modified)