This bill establishes a new legal framework regarding pretrial release, specifically creating a rebuttable presumption that a defendant poses a threat to the safety of others if released pending trial under certain conditions. The presumption arises if there is probable cause to believe the defendant has committed specific serious felony offenses, such as first-degree murder, human trafficking of a child, or any serious violent felony. The prosecution must prove by clear and convincing evidence that no release conditions can reasonably protect the safety of others or the community. The bill also clarifies that the burden of proof remains with the prosecution and does not shift to the defendant.
Additionally, the bill outlines that if the presumption applies, the court must evaluate whether the prosecution has met its burden of proof by considering any relevant information indicating the defendant's potential threat. The provisions of this act will apply to charges filed against defendants on or after its effective date, and it is declared an emergency for the public peace, health, and safety, necessitating immediate enactment.