This bill mandates, in the District of Columbia (DC), pretrial and post-conviction detention for crimes of violence and dangerous crimes and cash bail to obtain pretrial release for public safety or order crimes.
Under current DC law, a court may generally order a defendant released before trial based on the judge’s assessment of the risks posed by the defendant's release. If the defendant is charged with a crime of violence or a dangerous crime, the court must determine conditions for release; if the defendant has a prior history of such crimes, is charged with a crime that involves deadly weapons, or is charged with a crime of violence, there is a rebuttable presumption that the defendant must be detained.
The bill requires defendants charged with a crime of violence or a dangerous crime to be detained while awaiting trial. It also prohibits a court from releasing a defendant charged with a public safety or order crime without a secured appearance bond (i.e., money or property subject to forfeiture). Public safety or order crimes include fleeing from a law enforcement officer, rioting, and stalking.
Current DC law also allows individuals who are convicted of an offense to be released pending sentencing or an appeal if the court finds the individual is unlikely to flee or pose a danger to others. The bill requires individuals who are convicted of a crime of violence or a dangerous crime to be detained in these circumstances.
