Criminal Justice (Courts)

This bill (S 330) requires courts to review criminal sentences that are illegal or "unduly harsh or severe," even if a defendant previously waived their right to appeal. It amends the criminal procedure law to mandate that courts modify such sentences by reversing the sentencing portion while upholding the conviction. The law directly affects defendants serving criminal sentences deemed excessive by appellate courts, providing a mechanism to correct disproportionate punishments without requiring the defendant to formally challenge the sentence.

This bill allows courts in counties not entirely within a city to conduct electronic arraignments under specific conditions. It requires defendants to waive in writing their right to appear in person, ensures electronic arraignments won’t cause unreasonable delays, and prohibits guilty pleas during such proceedings. Courts must obtain approval from the chief administrator of the courts and use secure video systems meeting defined technical standards. The policy directly affects defendants in rural or non-city county areas and aims to streamline court processes while maintaining procedural safeguards.

This bill creates mandatory pretrial hearings to determine if defendants charged with specific serious offenses (like domestic violence, weapons crimes, repeat violent offenses, or certain felonies) pose a danger to the community. If the court finds they might be dangerous, they may be held in custody before trial, but only after a hearing and if no release conditions (such as avoiding victims or substance use) can ensure safety. The law requires hearings within days of arrest, presumes release unless clear evidence shows no conditions can guarantee safety, and limits pretrial detention to 120 days (district court) or 180 days (supreme court). It directly affects individuals facing charges listed in the bill, including domestic violence cases, weapon-related offenses, and repeat crimes.

Relates to setting bail for dangerous defendants who pose a threat to public safety; requires a court to make an individualized determination based on the principal's record of a prior felony conviction, failure to appear in court or arrest during the interim period while awaiting a preliminary hearing or trial.