Going thru changes to the SAFE-T Act contained in HB 1095. Firstly, it widens the net for judicial detention but still keeps focus on not detaining non-violent individuals. Adds these listed forcible felonies as detainable regardless of probation eligibility:
It maintains and even widens detainability for individuals accused of domestic violence:
Throughout, language regarding threats to the public is amended to reflect the underlined sentence:
Adds more sex offenses, such as patronizing a prostitute, to detainable offenses:
Adds the below crimes to detainable offenses under public safety standard as well
More offenses covered under safety standard:
The definition of willful flight is also broadened:
It creates a grant program for providing funding for public defenders which will have busier
Remote hearings are allowed under more circumstances, importantly id there are "operational challenges in conducting the hearing in person." Counties, especially rural ones, expect those challenges.
This is the provision clarifying that nothing prevents an officer from removing a trespasser:
Removes a much-maligned provision that requires someone violating electronic monitoring conditions to be in violation for more than 48 hours before they can be charged with a Class 3 Felony
That's class 3 felony for someone charged with a felony, or a Class B misdemeanor for someone charged with a misdemeanor
Exempts certain continuances from counting toward a speedy trial clock, including waiting for DNA processing.
Provides clarifying language regarding appeals and continued detention:
And it clarifies the processes for individuals held before Jan. 1, as well as their rights to appeal depending on what they've been charged with. Also sets timelines for rehearing.
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