I am happy to announce that a new Administration of Justice Bulletin, The Pretrial Integrity Act, is now available. It answers several questions raised by the new pretrial release laws enacted by S.L. 2023-75. The bulletin explores the newly enacted changes, how they are affected by different charging documents, the impact of the new provisions on existing pretrial release laws, and potential challenges in implementation.
Some of the covered issues include:
- which judicial official sets conditions when a defendant is charged with an inchoate crime (solicitation, conspiracy, attempt) or charged as a principal to a crime under a theory of liability (acting in concert, aiding and abetting, or accessory before the fact);
- what procedures apply when charges are initiated by citation, summons, or indictment;
- setting conditions of release for defendants charged with an impaired driving offense and subject to G.S. 15A-533(h); and
- examples of measures that have been implemented in some counties to address the increase in hearings.
For visual learners like myself, there is a flowchart at the end of the bulletin that offers guidance as to when, how, and by whom conditions of pretrial release are to be set for newly arrested defendants.
Thank you to my colleagues who assisted in navigating some of these issues, especially as they intersect with other areas of criminal law and procedure. Another special thank you to the judicial officials who ask questions and keep us in the loop as the issues arise. If there is an important and relevant topic that I have missed, please feel free to email me at bwilliams@sog.unc.edu.