Yesterday, the Arizona Court of Appeals ruled that a blanket rule that denies those accused of sex offenses bail is unconstitutional.

A a flat denial of bail with no opportunity for a defendant to argue he or she can be safely released, becomes punitive and that is not permitted until someone has been proven by clear and convincing evidence that no release conditions will reasonably assure the safety of other persons or the community… and that requires a hearing.

The state indicated it intended to appeal the ruling to their supreme court, but in the interim, a rule that denied bail to accused sex offenders was shot down.

 

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