Under existing law, every person charged with and arrested for a felony has an absolute right to a preliminary hearing. This bill would provide that a pretrial detention hearing may satisfy the right to a preliminary hearing. Under existing law, a defendant may be denied bail for certain enumerated offenses following a pretrial detention hearing. This bill would provide that a pretrial detention hearing must be set within 10 days of the defendant's arrest. This bill would provide that a continuance of a pretrial detention hearing may not exceed 21 days unless a joint motion is filed by the parties. This bill would require a court to make a record of all pretrial detention hearings. This bill would also provide that an appeal of a pretrial detention order shall be made to the Court of Criminal Appeals.

Statutes affected:
Introduced: 15-13-3, 15-11-1, 15-13-3, 15-11-1, 15-13-3, 15-13-3, 13A-5-40, 13A-6-2, 13A-6-43, 13A-6-61, 13A-6-63, 13A-6-65, 13A-6-130, 13A-6-152, 13A-7-5, 13A-7-41, 13A-8-41, 13A-10-152, 26-15-3, 15-13-3