Public Danger as Factor in Pretrial Release, Volume II - Final Report

• NCJ Number: 105160
• Author(s): M A Toborg; J P Bellassai
• Date Published: 1986
• Length: 90 pages
• Grant Number(s): 83-IJ-CX-0008
• Agencies: NIJ-Sponsored
• Publication Type: Legislation/Policy Description

Annotation

This volume presents summaries of 32 States' 'danger laws' that permit judges, when setting conditions for pretrial release, to consider whether a released defendant might pose a danger to the community.

Abstract

Each summary discusses the types of defendants to whom the danger provisions apply and the types of defendants who are not entitled to pretrial release. Also discussed are the special conditions that may be imposed on dangerous defendants, including whether such defendants may be detained before trial. The analyses also outline the special procedures required to invoke the provisions on dangerousness, including the required findings, factors to consider, the standard of proof, hearing requirements, speedy trial rules, and the review and appeal procedures. For a related volume presenting a series of issues papers dealing with legislative responses to the problem of crimes committed on bail, see NCJ-105159.