Alabama |
Const. art. 1 § 16 |
Capital offenses |
§§ 15-13-108 &
15-13-3 |
Same as constitution |
Alaska |
Const. art. 1 § 11 |
Capital offenses |
§ 12.30.011(d)(2) |
Unclassified felonies; class A felonies; sexual felonies; felony operating a vehicle while under influence; felony refusing to submit to a chemical test; felony crimes against a person or any domestic violence offense if have a previous similar conviction in last five years; felonies committed while on pretrial release; arrested for felonies committed in another state. |
Arizona |
Const. art. 2 § 22 |
Capital offenses; sexual assault; sexual conduct or molestation of a minor; serious felony offenses if the defendant is in the country illegally,* as defined by the Legislature; felony committed while on pretrial release for a felony offense; felony offenses. |
§ 13-3961 |
Same as constitution plus aggravated driving under the influence by a person in the country illegally; felonies involving dangerous crimes against children; terrorism; if defendant is a street gang member. |
Arkansas |
Const. art. 2 § 8 |
Capital offenses |
Capital offenses |
None specified |
California |
Const. art. 2 § 8 |
Capital offenses; felonies involving acts of violence; felony sexual assault; felonies involving threats of great bodily harm. |
Penal Code §§ 1271 & 1270.5 |
Capital offenses |
Colorado |
Const. art. II § 19 |
Capital offenses; violent crimes committed while on pretrial release for a violent crime; violent crimes if there is a previous violent crime conviction or two previous convictions for any felony. |
§ 16-4-101 |
Same as constitution plus illegal possession of a weapon due to criminal record; sexual assault; sexual assault on a child by one in a position of trust. |
Connecticut |
Const art 1 § 8 |
Capital offenses |
|
|
Delaware |
Const. art. 1 § 12 |
Capital offenses
|
11 Del. C.
§§ 2103 & 2116 |
Same as constitution plus violent felonies committed while on pretrial release for a violent felony.
|
District of Columbia |
|
|
§§§§ 23-1321,
23-1322, 23-1325, & 23-1329 |
1st and 2nd degree murder; assault with intent to kill while armed; any offense while on pretrial release for a felony or misdemeanor; crime of violence or dangerous crime (defined in §23-1331) while armed; crime of violence or dangerous crime and has previously been convicted of a crime of violence or dangerous crime while on pretrial release; two or more crimes of violence or dangerous crimes were committed in separate incidents— joined in the case before the judicial officer; robbery where victim sustained physical injury; carrying a pistol without a license; carrying a rifle or shotgun; possession of a firearm during commission of a crime of violence or dangerous crime; unlawful possession of a firearm; committing a gun crime (as defined in § 7-2508.01) while on probation, parole, or supervised release for a crime of violence or dangerous crime while armed (as defined in § 22-4502(a). |
Florida |
Const. art. 1 § 14 |
Capital offenses or offenses punishable by life. |
§ 907.041(4) |
Trafficking controlled substances; driving under the influence manslaughter and has a previous conviction for driving under the influence manslaughter, was driving with a suspended license, or was previously convicted for driving with a suspended license; dangerous offenses; any offense while on pretrial release for a dangerous offense; defendant has previously been sentenced under §§ 775.082(9) or 775.084 as a releasee reoffender, habitual violent felony offender, three time violent felony offender, violent career criminal, or state attorney files notice seeking sentencing as such; manufacturing controlled substances. |
Georgia |
|
|
§§ 17-6-1 &
17-6-13 |
Stalking if the violation occurred on pretrial release or probation or parole for a stalking violation; serious violent felony if there is a previous conviction for a serious violent felony; family violence crime involving serious injury to victim. |
Hawaii |
Const. art. 1 § 12 |
Offenses punishable by life. |
§§ 804-4(a) &
804-3 |
1st or 2nd degree murder; 1st or 2nd degree attempted murder; a class A or B felony (except 1st degree forgery and failing to render aid). |
Idaho |
Const. art. 1 § 6 |
Capital offenses |
§§ 19-2902 &
19-2903 |
Same as constitution |
Illinois |
Const. art. 1 § 9 |
Capital offenses; offenses punishable by life; offenses without possibility of parole. |
725 ILCS 5/110-4 |
Same as constitution plus stalking; aggravated stalking; unlawful use of weapons when the offense occurred in a school zone; terrorist threats (attempts included). |
Indiana |
Const. art. 1 § 17 |
Murder; treason |
§ 35-33-8-2 |
Murder |
Iowa |
Const. art. 1 § 12 |
Capital offenses |
§ 811.1 |
None specified |
Kansas |
Const. Bill of Rights § 9 |
Capital offenses |
§§ 22-2802 &
59-29a20 |
Sexually violent predator |
Kentucky |
Const. Bill of Rights § 16 |
Capital offenses |
|
|
Louisiana |
Const. art. 1 § 18 |
Capital offenses; crimes of violence; production, manufacture, distribution, or dispensing, or possession with intent to manufacture, distribute or dispense a controlled dangerous substance. |
C. Cr. P. Art. 312
& Art. 313 |
Capital offenses; offenses that are classified as both a sex offense and a crime of violence that are punishable by imprisonment of 25 years or more; crimes of violence if defendant failed to appear after posting bail; production manufacture, distribution, or dispensing, or possession with intent to manufacture, distribute or dispense a controlled dangerous substance if defendant failed to appear after posting bail; domestic abuse battery; violation of protective orders; stalking; any felony offense involving use or threatened use of force or a deadly weapon upon a family member, household member, or dating partner. |
Maine |
Const. art. 1 § 10 |
Crimes that are currently or were formerly (since the adoption of the constitution) a capital offense, regardless of current penalty. |
15 § 1003(3) & (4) |
Same as constitution |
Maryland |
|
|
Cr. Pr. § 5-202 |
Escape; defendant being charged as a drug kingpin; crimes of violence if previous conviction for a crime of violence or any of the following crimes under (f)(1): wearing, carrying, or transporting a handgun, use of a handgun or an antique firearm in commission of a crime, violating prohibitions related to assault weapons, use of a machine gun in a crime of violence, use of a machine gun for an aggressive purpose, use of a weapon as a separate crime, possession of a regulated firearm, transporting a regulated firearm for unlawful sale or trafficking, possession of a rifle or shotgun by a person with a mental disorder; any of the above crimes under (f)(1) if previous conviction for a crime of violence or crime under (f)(1); one of the following crimes, when committed on pretrial release of the one of the following crimes: first or second degree aiding, counseling, or procuring arson, first, second, or third degree burglary, causing abuse to a child, a crime that relates to a destructive device, a crime that related to a controlled dangerous substance, manslaughter by vehicle or vessel, a crime of violence; violating a protective order involving threats or abuse; a registered sex offender. |
Massachusetts |
|
|
276 §§ 58 & 58A |
A felony that has as an element of the offense the use, attempted use, or threatened use of physical force against another; any felony that by its nature involves a substantial risk that physical force against another will result- including burglary and arson; violation of protection orders or offenses involving marital/child disputes (see 58A for specific sections); offenses involving domestic abuse; drug offenses with a mandatory minimum sentence of three years; intimidation of a witness; 3rd or subsequent driving under the influence; illegal possession of a firearm as enumerated in 269 §10(a), (c) & (m) & 269 §10G.; new crime while on pretrial release. |
Michigan
|
Const. art. 1 § 15 |
Murder; treason; violent felonies if there are two previous violent felony convictions within 15 years; 1st degree criminal sexual conduct; armed robbery; kidnapping with intent to extort money; violent felony while on probation, parole, or pretrial release for a violent felony. |
§§§ 765.5, 765.6(1), & 765.6(d) |
Murder and treason. |
Minnesota |
Const. art. 1 § 7 |
Capital offenses |
|
|
Mississippi |
Const. art. 3 § 29 |
Capital offenses; crimes punishable by life in prison; offenses punishable by 20 or more years; defendant has a previous conviction for a capital offense or offense punishable by 20 or more years; felony committed while on pretrial release as enumerated in Const. Art. 3 § 29(2). |
§§ 99-5-33 &
99-5-35 |
Any offense where there is potential for a murder charge until it is known if the wounded victim will recover. |
Missouri |
Const. art 1 § 20 |
Capital offenses |
§§§ 544.455, 544.457 & 544.470 |
Illegal alien charged with any offense. |
Montana |
Const. art. 2 § 21 |
Capital offenses |
§ 46-9-102 |
Same as constitution |
Nebraska |
Const. art. 1, § 9 |
NA |
NA |
|
Nevada |
Const. art, 1, § 7 |
Capital offenses or murder punishable by life without parole. |
§ 178.484 |
1st degree murder |
New Hampshire |
|
|
§§§ 597:1, 597:1c, & 597:2 |
Offenses punishable by life; abuse of a family or household member or intimate partner (see §173 B:1(I)); violation of a protection order protecting an intimate partner. |
New Jersey |
Const. art. 1 § 11 |
None specified |
§ 2A:162-19 |
Murder; offenses punishable by life. |
New Mexico |
Const. art. 2 § 13 |
Capital offenses; felonies |
|
|
New York |
|
|
CLS CPL § 510.10 |
A violent felony offense (see CLS Penal § 70.02) except 2nd degree burglary under § 140.25(2) and 2nd degree robbery under § 160.10(1); 3rd degree witness intimidation; witness tampering; Class A felonies except section 220 (§ 220.77 not excepted); |
North Carolina |
Const. art. 1 § 27 |
None specified |
|
Capital offenses; drug trafficking while on pretrial release for another offense and there is a prior Class A through E felony or drug trafficking conviction (or release from custody for that conviction) within the previous five years; offense associated with a criminal street gang while on pretrial release for another offense and there is a prior similar conviction (or release from custody for that conviction) within the previous five years; felonies or Class A1 misdemeanors involving a firearm while on pretrial release for the same and there is a prior similar conviction (or release from custody for that conviction) within the previous five years; manufacture of methamphetamine committed to maintain dependence on or illegal use of the drug.
|
North Dakota |
Const. art. 1 §11 |
Capital offenses |
|
|
Ohio |
Const. art. 1 § 9 |
Capital offenses; felonies that pose a substantial risk of serious physical harm, as determined by the General Assembly. |
§ 2937.222 |
Noncapital aggravated murder; murder; 1st or 2nd degree felony; aggravated vehicular homicide; vehicular homicide; vehicular manslaughter; felony stalking; felony driving under the influence of drugs or alcohol. |
Oklahoma |
Const. art. 2 § 8 |
Capital offenses; violent offenses; offenses punishable by life; felonies when there are two or more prior felony convictions; dangerous controlled substance offenses when maximum sentence at least 10 years. |
22 § 1101 |
Same as constitution plus kidnapping. |
Oregon |
Const. art. 1 §§ 14 & 43 |
Murder; treason; aggravated murder; violent felonies. |
§135.240 |
Same as constitution plus any offense while on pretrial release. |
Pennsylvania |
Const. art. 1 §14 |
Capital offenses or offenses punishable by life. |
42 Pa.C.S. 5701 |
Same as constitution |
Rhode Island
|
Const. art. 1 §9 |
Offenses punishable by life; offenses involving use or threat of use of a dangerous weapon when there is a previous similar conviction or previous life sentence; drug crimes punishable by more than 10 years. |
§ 12-13-1 |
None specified |
South Carolina |
Const. art. 1 §15 |
Capital offenses; offenses punishable by life; violent offenses, as defined by the General Assembly. |
§ 22-5-510 |
Same as constitution. Defines violent offenses as those enumerated in § 16-1-60. |
South Dakota |
Const. art. 6 §8 |
Capital offenses |
|
|
Tennessee |
Const. art. 1, §15 |
Capital offenses |
§ 40-11-102 |
Same as constitution |
Texas |
Const. art. 1 §§§ 11, 11a, & 11c |
Capital offenses; felonies when there are two previous felony convictions; felonies while on pretrial release for a felony; offenses involving a deadly weapon when there is a previous felony conviction; violent or sexual felonies while on supervision for a prior felony. Authorizes legislature to enact a law to deny release for a violation of a protection order that is a condition of pretrial release for a family violence offense. |
C. Cr. P. Art. 17.152 & Art. 17.153 |
Violation of a protection order that is a condition of pretrial release related to family violence or a child victim. |
Utah |
Const. art. 1 §8 |
Capital offenses; felonies committed while on pretrial release, probation, or parole for another felony; crimes designated by statute as non-bailable. |
§ 77-20-1
(effective Oct. 1, 2020) |
Same as constitution plus felonies, if in a former instance defendant violated a material condition of bail; domestic violence offenses. |
Vermont |
Const. §40 |
Offenses punishable by death or life imprisonment; felonies involving violence. |
13 §§§§§ 7553, 7553a, 1043, 1044, & 1063 |
Same as constitution plus 1st and 2nd degree aggravated domestic assault; aggravated stalking. |
Virginia |
|
|
§§ 19.2-120 & 19.2-120.1 |
Violent offenses enumerated in §19.2-297.1; offenses punishable by life imprisonment or death; drug offenses punishable by 10 or more years if there is a prior similar conviction or conviction as drug kingpin; firearm offenses carrying a mandatory minimum penalty; any felony if there are two or more prior convictions for violent offenses or offenses punishable by life imprisonment or death; felonies committed while on pretrial release for another felony; sexual crimes listed under § 18.2-67.5:2(B) with a previous conviction for a similar offense; child pornography/certain offenses against children; gang participation or recruitment; terrorism; bioterrorism; driving under the influence resulting in death or injury and there are three prior convictions for a similar offense in the past five years; a second or subsequent violation of a protection order; third or subsequent assault and battery against family or household member within 20 years; offenses of obstructing justice or resisting arrest with threats of force; strangulation of a family or household member; sex trafficking; illegal aliens charged with certain crimes see § 19.2-120.1. |
Washington |
Const. art. 1 §20 |
Capital offenses; offenses punishable by life. |
NA |
|
West Virginia |
|
|
§ 62-1C-1 |
Life imprisonment |
Wisconsin |
Const. art. 1 §8 |
Authorizes the Legislature to enact a law allowing denial of release for murder punishable by life, sexual assault punishable by a maximum of 20 years, and for felonies involving serious bodily injury or threat of serious bodily injury if there is a previous similar conviction. |
§§ 969.01 & 969.035 |
1st degree intentional homicide; 1st or 2nd degree sexual assault of a child; repeated acts of sexual assault on the same child; sexual assault of a child placed in substitute care; violent crime or attempted violent crime and has a previous similar conviction. |
Wyoming |
Const. art. 1 §14 |
Capital offenses |
§ 7-10-101 |
Same as constitution |