Rebuttable Presumptions Against Pretrial Release: Bulletin Available

A new Administration of Justice Bulletin on Rebuttable Presumptions Against Pretrial Release is now available. I previously blogged about these types of presumptions here, and this bulletin expands on the subject.

A rebuttable presumption against pretrial release is grounded in the premise that no condition of release will reasonably assure (1) the appearance of the defendant and (2) the safety of the community. This has often been interpreted to mean that conditions of release should be denied unless the presumption is overcome.

Rebuttable presumptions against pretrial release have existed in the North Carolina General Statutes for decades, the first having been enacted in 1999. The General Assembly has added variations of these statutes to G.S. Chapter 15A over time. Even so, there is no case law addressing standards for applying or overcoming the presumptions. The most recent statutory addition—the rebuttable presumption against release for violent offenses—is likely to arise much more frequently than the others given the number of crimes to which it applies. The statute leaves some gaps in terms of procedure and also raises some constitutional questions. The bulletin describes the new law in the context of existing rebuttable presumption provisions. It also examines how similar laws have been interpreted in other jurisdictions.

Note that other types of rebuttable presumptions exist under state law. For example, G.S. 14-17 includes a rebuttable presumption that murder is willful and premeditated when committed against a person with whom the perpetrator has a qualifying relationship. G.S. 14-360.1 establishes a rebuttable presumption that a veterinarian is acting in good faith when making a report of suspected animal cruelty. These presumptions are likely to have their own evidentiary standards and burdens of proof. The bulletin addresses only the presumption against pretrial release.