Senate Bill 493 Printer's Number 448

PENNSYLVANIA, March 21 - and convincing evidence, that the defendant committed a felony

offense as charged by the Commonwealth and the defendant poses

an imminent risk of serious harm to an individual or the

community and that no condition or combination of conditions of

release can mitigate that serious risk of harm.

(b) Nonmonetary conditions.--The court, magistrate or

judicial officer may impose one or more nonmonetary conditions

of release when the condition or combination of conditions is

necessary to reasonably ensure the defendant's appearance in

court or safety to an individual or the community.

(c) Contest of court order.--If the court orders the

defendant's pretrial detention or the defendant is unable to

meet the nonmonetary conditions of release ordered by the court,

the defendant shall have the right to contest the order at a

detention review hearing. The detention review hearing shall be

held within 48 hours of the detention order or imposition of

unmet conditions of release.

(d) Rights of defendant.--At a pretrial hearing which may

result in the loss of or infringement upon the defendant's

liberty, the defendant shall be entitled to the following:

(1) The right to be present during the pretrial hearing.

(2) The right to be represented by counsel. If the

defendant cannot afford an attorney and qualifies for

representation by a public defender in a criminal case, the

court shall appoint counsel.

(3) The right to confront and cross-examine witnesses.

(4) The right to present evidence.

(5) The right to an expedited appeal of an order

resulting in pretrial detention.

§ 5705. Collection and report of pretrial release data.

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