SECTION 1 (TITLE):
This act shall be known as the End Cash Bail Act.

SECTION 2 (PURPOSE):
To reduce the number of people in jail who haven’t been convicted by revising law relating to bail and pretrial hearings.

SECTION 3 (PROVISIONS):

(a) For offenses eligible for bail under STATE LAW, no secured financial condition on a person’s pretrial release shall be imposed. No secured financial condition on a person’s release pending sentencing, pending appeal, or pending adjudication of an alleged probation or parole violation, shall be imposed. No fee shall be required for any condition that is associated with pretrial detention or supervision, pretrial or post-trial release, diversion, or deferred prosecution.

(b) At the discretion of the arresting officer or the local prosecuting authority, release on own recognizance with citation may occur for any offense. Such release shall occur prior to jail booking or police processing procedures, and any individual cited and released under this subsection shall have the right to petition for modification of any condition of release imposed in this section.

(c) If the defendant is charged with a felony or a misdemeanor involving violating a restraining order or regarding domestic violence, the arresting officer, sheriff, or other designee of the state shall request an immediate hearing before a magistrate to request additional conditions of release or detention. Such hearing may occur no later than the conclusion of jail booking or police processing procedures.

(d) To obtain additional conditions of release or detention beyond those specified in (b)(ii), the designee of the state must certify in writing that there are individualized facts to believe that release on recognizance would not reasonably mitigate a high risk of:

(e) The magistrate hearing may occur no later than the conclusion of jail booking or police processing procedures.

(f) The pretrial release hearing shall occur no longer than seven days after the magistrate hearing when an arrestee has been released with temporary conditions, or 48 hours after, when an arrestee has been temporarily detained according to a magistrate’s order.

(g) When releasing an arrestee after citation as described in (b), a magistrate hearing as described in (d), or a pretrial release hearing as described in (e), state officials shall offer the arrestee court reminders, such as reminders via phone call or two-way text message; information on how the arrestee can contact the court, report a change in circumstances, or secure flexible scheduling; and other supports available in the jurisdiction such as transitional housing, pretrial navigators, or provision of court- or community-based childcare.

(h) The Attorney General shall propose a procedure to collect and release data from every jurisdiction regarding pretrial release and detention. The data shall be collected and released in a reporting period no shorter than one month and no longer than three months, as to be determined by the Attorney General.