H.F. 2222 Section 1. NEW SECTION . 811.2A Conditions of release —— 1 assessment of risk. 2 1. Prior to release, a court may require a bailable 3 defendant charged with any offense involving an allegation that 4 the defendant’s release may endanger the safety of another 5 person to submit to a risk assessment in addition to any other 6 conditions of release under section 811.2. 7 2. The court shall have discretion whether to order a 8 defendant to complete a risk assessment. If a defendant is 9 ordered to complete a risk assessment, the risk assessment 10 shall be performed by a judicial district department of 11 correctional services using a validated risk assessment 12 developed by the board of parole and approved by the department 13 of corrections. The court shall consider the risk assessment 14 in determining the appropriate conditions for release. In 15 determining whether to release a defendant, the court shall 16 determine whether sufficient conditions for release are 17 available that are designed to reduce the risk to another 18 individual, detect threatening or criminal behavior, and 19 increase the safety of individuals and the general public, and 20 balance those determinations with the potential risk of harm 21 if the defendant is released. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill allows the court to use a pretrial risk assessment 26 if a bailable defendant is charged with any offense involving 27 an allegation that the defendant’s release may endanger the 28 safety of another person. If the court determines a risk 29 assessment should be performed, a judicial district department 30 of correctional services will perform the risk assessment using 31 a validated risk assessment developed by the board of parole 32 and approved by the department of corrections. The court shall 33 consider the results of the risk assessment, along with other 34 factors, in determining whether to release the defendant. 35 -1- LSB 5155YH (3) 91 as/js 1/ 1