Senate Bill 490
PROHIBITING NON-MONETARY BAIL FOR CERTAIN CHARGES
Senate Bill 490 Bill Information
Description: SB 490 would prohibit authorities from releasing a defendant on their own recognizance or with an unsecured monetary condition if they are considered a "person posing a threat to public safety," which includes individuals charged with specific offenses such as assaulting a law enforcement officer, committing violent crimes with prior violent criminal history, or possessing significant quantities of fentanyl or its derivatives.
PA Justice Alliance Member Positions & Feedback
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SB 490 would unconstitutionally prohibit judges from assigning non-monetary bail for defendants based only on their charges. SB 490 would violate (1) the constitutional requirements for bail consideration, and (2) the constitutional separation of powers, which gives the courts power to decide criminal legal procedures. In addition, if enacted, SB 490 would have little effect on current bail practices. It would, however, exacerbate economic and racial disparities in the criminal legal system.
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