Criminal justice groups have largely come out in opposition to that amendment, arguing that it would undermine the original intent of the bill, which was to reduce the number of individuals incarcerated prior to their trials.
If the judge makes any of those determinations, then the defendant may be held in jail prior to trial. The list of so-called “forcible felonies” that could invite judicial discretion on pretrial detention include first and second-degree murder, predatory criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, kidnapping, aggravated battery resulting in great bodily harm, or any other felony that involves the use or threat of physical force or violence against an individual.
Those charged with stalking, aggravated stalking, domestic battery and aggravated domestic battery would also potentially be subject to pretrial detention.
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