This is pure insanity. No one can say this is not deliberate.
Under the new law, entire categories of crime, such as aggravated batteries, robberies, burglaries, hate crimes, aggravated DUIs, vehicular homicide, drug induced homicides, all drug offenses, including delivery of fentanyl and trafficking cases, are not eligible for detention no matter the severity of the crime or the defendant’s risk to a specific person or the community, unless the People prove by clear and convincing evidence the person has a “high likelihood of willful flight to avoid prosecution.”
Additionally, in cases involving non-probationable forcible felonies, such as murder and armed robbery, judges may only detain a defendant under the new law if the prosecution proves by clear and convincing evidence the defendant “poses a real and present threat to the safety of a specific, identifiable person or persons.”
Imagine the defendant who murdered his wife, to whom he no longer poses a threat, being released because of this ridiculously limited legal standard. Even more absurd, judges may no longer issue a warrant when a defendant fails to come to court. Instead, an absent defendant must next be served with a court order asking them again to appear and then fail to appear a second time before a warrant may be issued.
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