Conditions of release — Judicial officer to consider available information. (Effective January 1, 2011, if the proposed amendment to Article I, section 20 of the state Constitution is approved at the November 2010 general election.)
The judicial officer must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:
(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence;
(2) The weight of the evidence against the defendant; and
(3) The history and characteristics of the defendant, including:
(a) The person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;
(b) Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law; and
(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release.
[2010 c 254 § 7.]
Notes: Intent -- Contingent effective date -- 2010 c 254: See notes following RCW 10.21.010.
Conditions of release — Judicial officer to consider available information. (Effective January 1, 2011, if the proposed amendment to Article I, section 20 of the state Constitution is approved at the November 2010 general election.)
The judicial officer must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:
(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence;
(2) The weight of the evidence against the defendant; and
(3) The history and characteristics of the defendant, including:
(a) The person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;
(b) Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law; and
(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release.
[2010 c 254 § 7.]
Notes: Intent -- Contingent effective date -- 2010 c 254: See notes following RCW 10.21.010.
Conditions of release — Judicial officer to consider available information. (Effective January 1, 2011, if the proposed amendment to Article I, section 20 of the state Constitution is approved at the November 2010 general election.)
The judicial officer must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:
(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence;
(2) The weight of the evidence against the defendant; and
(3) The history and characteristics of the defendant, including:
(a) The person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;
(b) Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law; and
(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release.
[2010 c 254 § 7.]
Notes: Intent -- Contingent effective date -- 2010 c 254: See notes following RCW 10.21.010.
