A bill proposing major reforms to current pretrial release and detention laws has raised a number of red flags with local court systems.

SB 5307, sponsored by Sen. Jamie Pedersen (D–Seattle), looks to reform the pretrial release and detention system through changes to cash bail and the hearing schedule after an individual’s arrest. While these reforms are well-meaning, the bill itself requires a number of insurmountable fiscal and time requirements for courts without any fiscal assistance from the State.

Cash bail

The bill looks to reform how cash bail is assessed in certain cases. However, the Washington Supreme Court is already reviewing a rule change that would require trial courts to release individuals suspected of non-violent crimes without bail. It is expected that the Supreme Court will adopt these rules and implement them in a more straightforward and efficient manner than is outlined in the bill.

The 48-hour rule

Current court rules require that a judge find probable cause within 48 hours after an arrest in order for an individual to be detained. If probable cause is found, the defendant must appear before a judge for arraignment by the next court day. However, under the bill, courts would be required to have a full-release hearing within 48 hours after an arrest. Weekends and holidays would be included in those 48 hours and would require courts, prosecutors and public defenders to operate on an on-call basis every weekend and holiday.

Additional hearings

The bill also sets new standards for detention hearings. These hearings would need to take place within three days of a pretrial detention order or restrictive release order to review the orders and make any necessary changes. Similar to the 48-hour rule, the hearings would need to take place on weekends and holidays.

In short, as written, the bill makes requirements that would be impossible for courts to implement, in terms of both time and financial resources.

The bill received a public hearing on Monday, February 1 in the Senate Law & Justice Committee. AWC encourages cities with municipal courts to review SB 5307 and share their concerns with legislators.

AWC is opposed to SB 5307 as drafted.

Dates to remember

SB 5307 is scheduled for executive session in the Senate Law & Justice Committee on Thursday, February 4 at 10:30 am.