Sec. 1320.18 allows a prosecutor to request and a judge to impose "preventive detention" (held in jail pretrial with no way out) if the judge believes no release conditions will assure protection of the public or return to court.
That is a completely subjective standard. The judge just has to say that they don't think release will assure protection or return and they can simply order incarceration. Nothing stops them from doing this. Judges can always find some reason to justify.
In the past, judges have set high bail; now they don't even have to bother with bail. Sec. 1320.19 and 20 describe the hearings. Almost no due process protections. Almost unlimited judge discretion to impose preventive detention.
Judges use pretrial detention to pressure guilty pleas. This gives them additional powers to do so. P25/SB10 cuts out bail bondsmen, but it is the judges who set bail. It is the judges who lock people up. P25/SB10 gives judges more power.
The 150k number is wrong. It is somewhat based on a study recently released by PPIC, which said that because SB10 says people accused of misdemeanors are to be released, there will be more release. (see Sec. 1320.8)
Problem is Sec. 1320.10(e) gives a long list of extremely broad exceptions to the misdemeanor release rule. If you fit one of these exceptions, you don't get released.
These exceptions include-- if you violated a condition of release in the past 5 years (like missing a court date or not reporting to your probation/pretrial services officer). That is going to be a lot of people who don't get the misdo release.
The study that made that big estimate did not take into account all of the exceptions. They even acknowledge being an over-estimate. They also are only looking at people released pre-arraignment. With expanded judge power at arraingment, more will be jailed then.
Also, there will be added incentive for police to upcharge people to felonies, which will further reduce misdo release. They do it anyway, but expect it to increase when they can.
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