1. Presumption of release without conditions Washington Court Rules, - PDF document

Defender Initiative 10th Annual Conference Session 3 - Doyle Presentation 3.2 Conference 1. Presumption of release without conditions Washington Court Rules, CrR and CrRLJ 3.2 1 2. Judges MUST release w/o conditions absent the State showing a substantial risk: Interference w/ FTA in Court administration of justice Commission of a (witness tampering or VIOLENT crime CrR, CrRLJ 3.2(c) ‐ factors intimidation) CrR, CrRLJ 3.2(e) to consider CrR, CrRLJ 3.2(e) 2 February 28, 2020

Defender Initiative 10th Annual Conference Session 3 - Doyle Presentation 3.2 Conference 3. If substantial risk found, then least restrictive conditions  Money bail a last resort  Continuum of conditions to mitigate the identified risk – State v. Huckins, 5 Wash.App.2d 457 (2018)  EXAMPLES OF CONDITIONS:  No contact with persons, places  Release to designated person or organization to supervise  Pretrial services supervision  Call ‐ in day reporting day reporting  Electronic home monitoring (EHM)  Work release 3 4. Must Consider Financial Circumstances of Accused if Bail Imposed Where substantial FTA risk, • must set at amount that will reasonably assure appearance. CrR, CrRLJ 3.2(b)(6) Where substantial risk of violent crime, • must set at an amount that will reasonably assure community safety, prevent justice interference. CrR, CrRLJ 3.2(d)(6) 4 February 28, 2020

Defender Initiative 10th Annual Conference Session 3 - Doyle Presentation 3.2 Conference 5. If money bail is imposed, consider refundable deposit into court registry. Advantages: • Authorized by CrR, CrRLJ 3.2(b)(4) • Must still authorize a surety bond, • Person posting gets $ returned in alternative, State v. Barton if conditions met • Can be forfeited for • Deposit in court registry cash or noncompliance w/ any other security not to exceed 10% condition, i.e., new offense, of surety bond amount unlike commercial bond, which is forfeitable ONLY for FTA in court 5 February 28, 2020