Bill Text: MI HB5464 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; bail; requirements for the use of a pretrial risk assessment tool by a court making bail decision; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 6e to ch. V.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-02-06 - Bill Electronically Reproduced 02/06/2020 [HB5464 Detail]
Download: Michigan-2019-HB5464-Introduced.html
HOUSE BILL NO. 5464
February 05, 2020, Introduced by Reps. Lightner
and Wozniak and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 6e to chapter V.
the people of the state of michigan enact:
Sec. 6e. (1) If the court in making a
determination regarding admission to bail and any necessary protective conditions
for admission to bail under this chapter uses a pretrial risk assessment tool, the
tool must be shown to be valid after peer testing and to be free of biases. If
the pretrial risk assessment tool meets the aforementioned requirements, it
still may not be utilized unless all of the following apply to the use of the
tool:
(a)
All documents, data, records, and information used by the builder to build or
validate the pretrial risk assessment tool and ongoing documents, data,
records, and written policies outlining the usage and validation of the
pretrial risk assessment tool are open to public inspection, auditing, and
testing.
(b)
A party to a criminal case in which a court has considered, or an expert
witness has relied upon, a pretrial risk assessment tool is entitled to review
all calculations and data used to calculate the defendant's own risk score.
(c)
No builder or user of a pretrial risk assessment tool may assert trade secret
or other intellectual property protections in order to quash discovery of the
materials described in subdivision (a) in a criminal case.
(2)
For purposes of this section, "pretrial risk assessment tool" means a
pretrial process that creates or scores particular factors in order to estimate
a defendant's level of risk to fail to appear in court, risk to commit a new
crime, or risk posed to the community in order to make recommendations as to
bail or conditions of release based on such risk, whether made on an
individualized basis or based on a grid or schedule.
