MO SB 1243

Quick answers

Description

SB 1243 - This act amends Supreme Court Rule 33.01 relating to conditions of release from custody in criminal proceedings. Currently, when considering the least restrictive condition for release, the court shall first consider non-monetary conditions and may only consider monetary conditions if the non-monetary conditions alone will not secure the appearance of the defendant or the safety of the community or certain persons. After considering the defendant's ability to pay, a monetary condition fixed at more than is necessary to secure the appearance of the defendant at trial or the safety of the community or certain persons is impermissible. This act repeals this provision and provides that the court shall have discretion to impose monetary or non-monetary conditions of release as the court determines appropriate under the individual circumstances of the defendant and the case. However, in making this determination, the court shall give substantial weight to: (1) The defendant's prior criminal convictions or history of criminal activity; (2) Any prior failures to appear in court by the defendant; (3) The nature and seriousness of the current criminal charge; and (4) Any known risk to the safety of the community or other person. The court shall not be required to exhaust non-monetary conditions before setting monetary conditions if such conditions are necessary to reasonably assure the appearance of the defendant and protect the safety of the public or certain persons. The discretion of the court under this rule shall be presumed to be valid and shall not be disturbed upon review absent a clear abuse. This act shall become effective date on January 1, 2027. TRISTAN BENSON, JR.