Stopping Early Clearance of Unfit, Repeat, and Endangering Defendants (SECURE) Act

Summary

The SECURE Act aims to prevent repeat and/or high-risk offenders from being prematurely released before trial while maintaining judicial discretion over a bail amount. This act restricts pretrial release options for individuals charged with violent felonies who have certain prior records. Defendants with prior violent felony convictions, past bail jumping or escape convictions, or prior failures to appear in court for an alleged felony offense, shall not be released on personal recognizance or unsecured bonds. Courts must instead impose a cash, property, or surety bond in a reasonable amount to ensure both community safety and the defendant’s court appearance 

Stopping Early Clearance of Unfit, Repeat, and Endangering Defendants (SECURE) Act

Notwithstanding any other law to the contrary, a person convicted within the last five years on a felony criminal charge involving the use or threatened use of violence as defined by the law of this State may not be released on their own recognizance, or an unsecured bond if that person has:  

  1. a prior conviction within the last five years of a felony criminal charge involving the use or threatened use of violence; 
  2. a prior conviction for bail jumping or escape; or,  
  3. a record of absconding in any prior felony case. 

Instead, the court shall after inquiring about the defendant’s ability to pay and taking that into account set an amount of bail reasonably calculated to ensure the safety of the community and the appearance of the defendant in court as required, but no higher, and the defendant shall be required to post bond by cash, property, or surety in order to be released from jail pending trial.