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Senate Bill 333 Printer's Number 253

PENNSYLVANIA, January 31 - for the defendant's pretrial detention and the court, magistrate

or judicial officer finds, by clear and convincing evidence,

that the defendant committed the felony offense as charged by

the Commonwealth and the defendant poses an imminent risk of

serious harm to an individual or the community and that no

condition or combination of conditions of release can mitigate

that serious risk of harm.

(b) Nonmonetary conditions.--The court, magistrate or

judicial officer may impose one or more nonmonetary conditions

of release when the condition or combination of conditions is

necessary to reasonably ensure the defendant's appearance in

court or safety to an individual or the community.

(c) Contest of court order.--If the court orders the

defendant's pretrial detention or the defendant is unable to

meet the nonmonetary conditions of release ordered by the court,

the defendant shall have the right to contest the order at a

detention review hearing. The detention review hearing shall be

held within 48 hours of the detention order or imposition of

unmet conditions of release.

(d) Rights of defendant.--At any pretrial hearing which may

result in the loss of or infringement upon the defendant's

liberty, the defendant shall be entitled to the following:

(1) The right to be present during the pretrial hearing.

(2) The right to be represented by counsel. If the

defendant cannot afford an attorney and qualifies for

representation by a public defender in a criminal case, the

court shall appoint counsel.

(3) The right to confront and cross-examine witnesses.

(4) The right to present evidence.

(5) The right to an expedited appeal of an order

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