House Joint Resolution No. 171 is a proposed amendment to the state constitution that seeks to revise the bail and pretrial release system. It would allow courts to deny pretrial release if no conditions can ensure the accused's court appearance, community safety, or prevent obstruction of justice. The amendment also empowers the legislature to set procedures for pretrial release and its denial, while updating technical language and removing outdated references to capital offenses. If the resolution garners at least three-fourths support from each house of the General Assembly, it will appear on the 2024 general election ballot; if it receives a simple majority but less than three-fourths, it will be reconsidered in the 2025 session and potentially placed on the 2026 ballot. The amendment's adoption depends on a majority vote in the general election, and it is associated with a one-time printing cost of $10,000.

The resolution details the factors to be considered when setting release conditions, such as the nature of the offense, the defendant's history, and community ties, with additional criteria for serious offenses and family violence crimes. For serious firearm offenses, the resolution proposes specific conditions, including a potential requirement for a minimum cash deposit with the court. It restricts financial conditions for misdemeanors, except under certain circumstances, and mandates the least restrictive conditions necessary to ensure court appearance and public safety for serious offenses. These conditions may include supervision, travel restrictions, and electronic monitoring. The Judiciary Committee has passed the resolution with a joint favorable vote.