SB 995 - This act modifies provisions relating to a person charged with a bailable offense. ISSUANCES OF WARRANTS UPON COMPLAINT (Section 544.020) Under current law, a judge shall issue a warrant whenever a complaint is made setting forth that a felony has been committed. This act repeals those provisions and provides that if a prosecuting attorney wishes to request an arrest warrant at the initiation of a criminal case, the prosecutor must file with the complaint, information, or indictment, a completed risk assessment form pursuant to this act. A summons shall be issued on all cases initiated without a risk assessment form. Additionally, if a defendant is detained, he or she will be seen by a judge for arraignment and detention hearing immediately upon the defendant's first appearance before the judge, unless a continuance is filed. PRE-TRIAL RISK ASSESSMENT SYSTEM (Section 544.454) Under this act, a judge must use the risk assessment system adopted by the judicial circuits. Using this system, if the judge determines the defendant poses a low risk of flight, is likely to appear for trial, and is not likely to be a danger to others, the court shall order the defendant released on unsecured bond or on the defendant's own recognizance. However, a defendant's inability to financially afford a bail bond will not constitute a sufficient reason for the defendant to remain in pre-trial detention. If the defendant poses a moderate risk of flight, has a moderate risk of not appearing for trial, or poses a moderate risk of danger to others, the court shall release the defendant but shall order the defendant to be subject to electronic monitoring, intoxicant testing, or other conditions. Under this act, if the court determines that a defendant poses a high risk of flight, has a high risk of not appearing for trial, or poses a high risk of danger to others, the court may utilize its discretion in denying pre-trial release or imposing pre-trial release conditions. The reasons for the denial shall be shown in the record by docket entry or written order. CONDITIONS OF PRETRIAL RELEASE (Section 544.455) Under current law, a judge, in the exercise of his or her discretion, may release a person charged with a bailable offense. In determining which conditions of release will reasonably ensure appearance, the judge takes into account several factors, including the nature of the offense charged, the weight of the evidence against the accused, financial resources, and other factors. A judge may impose certain conditions of release to reasonably ensure the appearance of the person for trial. Under this act, a judge must use the risk assessment system adopted by the judicial circuits to determine which conditions of release will reasonably ensure appearance and safety of the community. Additionally, if the judge requires the execution of a bail bond, then a defendant's inability to financially afford such bond cannot be the only reason for detention. Under this act, a judge can place a person on house arrest or other geographical restriction with or without electronic monitoring. If a person cannot afford the costs of electronic monitoring, the judge can order the electronic monitoring be paid by the county commission. Finally, a person who is detained after 24 hours from the time of the release hearing, may file a motion to reopen the release hearing for the introduction of newly acquired evidence showing the defendant will reappear and is not a danger to another person or the community. MARY GRACE BRUNTRAGER