Pretrial Release: State Constitutional Right to Bail

6/20/2022

Pretrial Release EligibilityStates typically have a constitutional provision mirroring the federal Eighth Amendment prohibition on excessive bail. There also are constitutional or statutory provisions that provide the “right to bail”—the right to be released from jail before trial after a defendant agrees to return for court. These provisions provide the foundation for pretrial policy and are distinguished from financial conditions of release imposed by a court, which are often referred to as “bail” or “money bail.”

These constitutional provisions establish the release/detention framework, setting the current state boundaries for initial pretrial detention or release. Defendants are often detained because of their inability to meet conditions of release, particularly those with financial requirements. To the extent that financial resources are not a question, constitutional provisions set the baseline for who can legally be released or detained.

There are three different constitutional approaches in the states. Nineteen states have a broad, or traditional, constitutional right to bail, generally following language adopted in Pennsylvania in 1682 “that all prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident, or the presumption great.”

In these 19 states, provisions require that every defendant not accused of an offense defined as a capital crime is entitled to have a court set conditions of release. Defendants who meet those conditions cannot be detained without bail to prevent flight or protect community safety.

Most common, 22 states have right to bail provisions that have been amended to expand preventive detention. In most of these states, amendments have added a specific list of circumstances and offenses, or categories of offenses, for which a defendant can be held without a court setting conditions of release; i.e., held without bail. These typically include violent offenses, sex offenses or repeat offenses. Specified circumstances include a court finding that the defendant, if released, would present a danger to another person or the community, criminal history and supervision status at the time of the charged offense.

Nine states do not have an affirmative constitutional right to bail but do mirror the federal statutory language that protects against excessive bail. The statutory provisions in these nine states generally allow for some preventive detention and the limitations on pretrial release can be broad. In practice, statutory provisions in these states can function much the same way as the 22 states with amended constitutional provisions.

Constitutional Right to Bail Provisions

Expansion of Detention in State Constitutions

In the 22 states that have amended the constitutional right to bail, detention has been expanded in a number of ways. Denial of release has been authorized if:

  • Certain charges are alleged and there is a finding that the defendant would present a danger to the community or another person.
  • Certain charges are alleged and a defendant was already on pretrial release for another offense.
  • Certain charges were alleged and the defendant was already on post-conviction supervision.
  • Certain charges are alleged and the defendant has a previous conviction for specified offenses.
  • The defendant was on supervision or had a prior offense and there is a finding of dangerousness.
  • A defendant violates conditions of release.

For more information on authorized pretrial detention see NCSL’s Pretrial Release: Detention.

The relevant language from each of the 41 states that have an affirmative right to bail codified in their state constitutions is contained in the chart below.

50 State Chart | Pretrial Release Eligibility

STATE

CITATION

Alabama

“That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great…”

Alabama Const. Art. I, Sec. 16

Alaska

“In all criminal prosecutions, .... [t]he accused is entitled ... to be released on bail, except for
capital offenses when the proof is evident or the presumption great.”

Alaska Const. Art. I, § 11

Arizona

“A. All persons charged with crime shall be bailable by sufficient sureties, except:

1.    For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.
2.    For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
3.    For felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.
4.    For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.
B. The purposes of bail and any conditions of release that are set by a judicial officer include:
1.    Assuring the appearance of the accused.
2.    Protecting against the intimidation of witnesses.
3.    Protecting the safety of the victim, any other person or the community.”

A.R.S. Const. Art. II, § 22

Arkansas

“All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.”

Ark. Const. Art. 2, § 8

California

“A person shall be released on bail by sufficient sureties, except for:

a)    Capital crimes when the facts are evident or the presumption great;
b)    Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or
c)    Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.

Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.

A person may be released on his or her own recognizance in the court’s discretion.”

Cal Const, Art. I § 12

Colorado

“(1) All persons shall be bailable by sufficient sureties pending disposition of charges except:
(a)    For capital offenses when proof is evident or presumption is great; or
(b)    When, after a hearing held within ninety-six hours of arrest and upon reasonable notice, the court finds that proof is evident or presumption is great as to the crime alleged to have been committed and finds that the public would be placed in significant peril if the accused were released on bail and such person is accused in any of the following cases:
(I)    A crime of violence, as may be defined by the general assembly, alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence;
(II)    A crime of violence, as may be defined by the general assembly, alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;
(III)    A crime of violence, as may be defined by the general assembly, alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately brought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony; or…

(2) Except in the case of a capital offense, if a person is denied bail under this section, the trial of the person shall be commenced not more than ninety days after the date on which bail is denied. If the trial is not commenced within ninety days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of the bail for the person.”

Colo. Const. Art. II, Section 19

Connecticut

“In all criminal prosecutions, the accused shall have a right to … be released on bail upon sufficient security, except in capital offenses, where the proof is evident or the presumption great…”

Conn. Const. Art. I., Sec. 8

Delaware

“All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is positive or the presumption great; and when persons are confined on accusation for such offenses their friends and counsel may at proper seasons have access to them.”

Del. Const. Art. I, § 12

Washington, D.C.

No constitutional right to bail.

Florida

“Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.”

Fla. Const. Art. I, § 14

Georgia

                   No constitutional right to bail. 

Hawaii

No constitutional right to bail.

Idaho

“All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.”

Idaho Const. Art. I, § 6

Illinois

“All persons shall be bailable by sufficient sureties, except for the following offenses where the proof is evident or the presumption great: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, when the court, after a hearing, determines that release of the offender would pose a real and present threat to the physical safety of any person.”

Illinois Const., Art. I, § 9

Indiana

“Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.”

Ind. Const. Art. 1, § 17

Iowa

“All persons shall, before conviction, be bailable, by sufficient sureties, except for capital offences where the proof is evident, or the presumption great.”

Iowa Const., Art. I § 12

Kansas

“All persons shall be bailable by sufficient sureties except for capital offenses, where proof is evident or the presumption great.”

Kan. Const. B. of R. § 9

Kentucky

“All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great…”

Ky. Const. § 16

Louisiana

“A. Excessive bail shall not be required. — Before and during a trial, a person shall be bailable by sufficient surety, except when he is charged with a capital offense and the proof is evident and the presumption of guilt is great…

B. However, a person charged with a crime of violence as defined by law or with production, manufacture, distribution, or dispensing or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance as defined by the Louisiana Controlled Dangerous Substances Law, and the proof is evident and the presumption of guilt is great, shall not be bailable if, after a contradictory hearing, the judge or magistrate finds by clear and convincing evidence that there is a substantial risk that the person may flee or poses an imminent danger to any other person or the community.”

La. Const. Art. I, § 18

Maine

“No person before conviction shall be bailable for any of the crimes which now are, or have been denominated capital offenses since the adoption of the Constitution, when the proof is evident or the presumption great, whatever the punishment of the crimes may be.”

Me. Const. Art. I, § 10

Maryland

No constitutional right to bail.

Massachusetts

No constitutional right to bail.

Michigan

“All persons shall, before conviction, be bailable by sufficient sureties, except that bail may be denied the following persons when the proof is evident or the presumption great:

(A)    A person who, within the 15 years immediately preceding a motion for bail pending the disposition of an indictment for a violent felony or of an arraignment on a warrant charging a violent felony, has been convicted of 2 or more violent felonies under the laws of this state or under substantially similar laws of the United States or another state, or a combination thereof, only if the prior felony convictions arose out of at least 2 separate incidents, events, or transactions.
(B)    A person who is indicted for, or arraigned on a warrant charging, murder or treason.
(C)    A person who is indicted for, or arraigned on a warrant charging, criminal sexual conduct in the first degree, armed robbery, or kidnapping with intent to extort money or other valuable thing thereby, unless the court finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person.
(D)    A person who is indicted for, or arraigned on a warrant charging, a violent felony which is alleged to have been committed while the person was on bail, pending the disposition of a prior violent felony charge or while the person was on probation or parole as a result of a prior conviction for a violent felony.

If a person is denied admission to bail under this section, the trial of the person shall be commenced not more than 90 days after the date on which admission to bail is denied. If the trial is not commenced within 90 days after the date on which admission to bail is denied and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of bail for the person.

As used in this section, “violent felony” means a felony, an element of which involves a violent act or threat of a violent act against any other person.”

MCLS Const. Art. I, § 15

Minnesota

“All persons before conviction shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.”

Minn. Const., Art. I, § 7

Mississippi

“(1) Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more.

(2) If a person charged with committing any offense that is punishable by death, life imprisonment or imprisonment for one (1) year or more in the penitentiary or any other state correctional facility is granted bail and (a) if that person is indicted for a felony committed while on bail; or (b) if the court, upon hearing, finds probable cause that the person has committed a felony while on bail, then the court shall revoke bail and shall order that the person be detained, without further bail, pending trial of the charge for which bail was revoked. For the purposes of this subsection (2) only, the term “felony” means any offense punishable by death, life imprisonment or imprisonment for more than five (5) years under the laws of the jurisdiction in which the crime is committed. In addition, grand larceny shall be considered a felony for the purposes of this subsection.

(3) In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment, a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required.

(4) In any case where bail is denied before conviction, the judge shall place in the record his reasons for denying bail. Any person who is charged with an offense punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment and who is denied bail prior to conviction shall be entitled to an emergency hearing before a justice of the Mississippi Supreme Court. The provisions of this subsection (4) do not apply to bail revocation orders.”

Miss. Const. Ann. Art. 3, § 29

Missouri

“That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.”

Mo. Const. Art. I, § 20

Montana

“All persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.”

Mont. Const., Art. II § 21

Nebraska

“All persons shall be bailable by sufficient sureties, except for treason, sexual offenses involving penetration by force or against the will of the victim, and murder, where the proof is evident or the presumption great.”

Ne. Const. Art. I, § 9

Nevada

“All persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.”

Nev. Const. Art. 1, § 7

New Hampshire

No constitutional right to bail.

New Jersey

“All persons shall, before conviction, be eligible for pretrial release. Pretrial release may be denied to a person if the court finds that no amount of monetary bail, non-monetary conditions of pretrial release, or combination of monetary bail and non-monetary conditions would reasonably assure the person’s appearance in court when required, or protect the safety of any other person or the community, or prevent the person from obstructing or attempting to obstruct the criminal justice process. It shall be lawful for the Legislature to establish by law procedures, terms, and conditions applicable to pretrial release and the denial thereof authorized under this provision.”

N.J. Const., Art. I, Para. 11

New Mexico

“All persons shall, before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great and in situations in which bail is specifically prohibited by this section. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Bail may be denied by a court of record pending trial for a defendant charged with a felony if the prosecuting authority requests a hearing and proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. An appeal from an order denying bail shall be given preference over all other matters.

A person who is not detainable on grounds of dangerousness nor a flight risk in the absence of bond and is otherwise eligible for bail shall not be detained solely because of financial inability to post a money or property bond. A defendant who is neither a danger nor a flight risk and who has a financial inability to post a money or property bond may file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner.”

N.M. Const. Art. II, § 13

New York

No constitutional right to bail.

North Carolina

No constitutional right to bail.

North Dakota

“All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great.”

N.D. Const. Art. I, § 11

Ohio

“All persons shall be bailable by sufficient sureties, except for a person who is charged with a capital offense where the proof is evident or the presumption great, and except for a person who is charged with a felony where the proof is evident or the presumption great and where the person poses a substantial risk of serious physical harm to any person or to the community. Where a person is charged with any offense for which the person may be incarcerated, the court may determine at any time the type, amount, and conditions of bail. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.

The General Assembly shall fix by law standards to determine whether a person who is charged with a felony where the proof is evident or the presumption great poses a substantial risk of serious physical harm to any person or to the community. Procedures for establishing the amount and conditions of bail shall be established pursuant to Article IV, Section 5(b) of the Constitution of the state of Ohio.”

Oh. Const. Art. I, § 9

Oklahoma

“A. All persons shall be bailable by sufficient sureties, except that bail may be denied for:
1.    capital offenses when the proof of guilt is evident, or the presumption thereof is great;
2.    violent offenses;
3.    offenses where the maximum sentence may be life imprisonment or life imprisonment without parole;
4.    felony offenses where the person charged with the offense has been convicted of two or more felony offenses arising out of different transactions; and
5.    controlled dangerous substances offenses where the maximum sentence may be at least ten (10) years imprisonment.
On all offenses specified in paragraphs 2 through 5 of this section, the proof of guilt must be evident, or the presumption must be great, and it must be on the grounds that no condition of release would assure the safety of the community or any person.”

Okl. Const. Art. 2, § 8

Oregon

“Offences, except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.”

Ore. Const. Art. I, § 14

“(b) The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial. Murder, aggravated murder and treason shall not be bailable when the proof is evident or the presumption strong that the person is guilty. Other violent felonies shall not be bailable when a court has determined there is probable cause to believe the criminal defendant committed the crime, and the court finds, by clear and convincing evidence, that there is danger of physical injury or sexual victimization to the victim or members of the public by the criminal defendant while on release.”

Ore. Const. Art. I, § 43

Pennsylvania

“All prisoners shall be bailable by sufficient sureties, unless for capital offenses or for offenses for which the maximum sentence is life imprisonment or unless no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great…”

Pa. Const. Art. I, § 14

Rhode Island

“All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, or for offenses involving the use or threat of use of a dangerous weapon by one already convicted of such offense or already convicted of an offense punishable by imprisonment for life, or for offenses involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute or deliver any controlled substance or by possession of a controlled substance punishable by imprisonment for ten (10) years or more, when the proof of guilt is evident or the presumption great.”

R.I. Const. Art. I, § 9

South Carolina

“All persons shall be, before conviction, bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, or with violent offenses defined by the General Assembly, giving due weight to the evidence and to the nature and circumstances of the event.”

S.C. Const. Ann. Art. I, § 15

South Dakota

“All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or presumption great.”

S.D. Const. Article VI, § 8

Tennessee

“That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great.”

Tenn. Const. Art. I, § 15

Texas

“All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.”

Tex. Const. Art. I, § 11

“(a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a prior felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accorded a trial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a review of any judgment or order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.
(b) In this section:

(1) “Violent offense” means:
(A) murder;
(B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault;
(C) aggravated kidnapping; or
(D) aggravated robbery.
(2) “Sexual offense” means:
(A) aggravated sexual assault;
(B) sexual assault; or
(C) indecency with a child.”

Tex. Const. Art. I, § 11a

“The legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this state determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.”

Tex. Const. Art. I, § 11c

Utah

“(1) All persons charged with a crime shall be bailable except:

(a) persons charged with a capital offense when there is substantial evidence to support the charge; or
(b) persons charged with a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when there is substantial evidence to support the new felony charge; or
(c) persons charged with any other crime, designated by statute as one for which bail may be denied, if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community or is likely to flee the jurisdiction of the court if released on bail.

(2) Persons convicted of a crime are bailable pending appeal only as prescribed by law.”

Utah Const. Art. I, § 8

Vermont

“Excessive bail shall not be exacted for bailable offenses. All persons shall be bailable by sufficient sureties, except as follows:

(1) A person accused of an offense punishable by death or life imprisonment may be held without bail when the evidence of guilt is great.
(2) A person accused of a felony, an element of which involves an act of violence against another person, may be held without bail when the evidence of guilt is great and the court finds, based upon clear and convincing evidence, that the person’s release poses a substantial threat of physical violence to any person and that no condition or combination of conditions of release will reasonably prevent the physical violence. A person held without bail prior to trial under this paragraph shall be entitled to review de novo by a single justice of the Supreme Court forthwith.
(3) A person awaiting sentence, or sentenced pending appeal, may be held without bail for any offense.

A person held without bail prior to trial shall be entitled to review of that determination by a panel of three Supreme Court Justices within seven days after bail is denied.

Except in the case of an offense punishable by death or life imprisonment, if a person is held without bail prior to trial, the trial of the person shall be commenced not more than 60 days after bail is denied. If the trial is not commenced within 60 days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set bail for the person.”

V.S.A. Const. § 40

Virginia

No constitutional right to bail.

Washington

“(2) All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious bodily harm or prevent the intimidation of witnesses. Monetary conditions of release may be imposed at or after the initial appearance only upon a finding that there is a reasonable basis to believe that the conditions are necessary to assure appearance in court. The legislature may authorize, by law, courts to revoke a persons release for a violation of a condition of release.

(3) The legislature may by law authorize, but may not require, circuit courts to deny release for a period not to exceed 10 days prior to the hearing required under this subsection to a person who is accused of committing a murder punishable by life imprisonment or a sexual assault punishable by a maximum imprisonment of 20 years, or who is accused of committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another and who has a previous conviction for committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another. The legislature may authorize by law, but may not require, circuit courts to continue to deny release to those accused persons for an additional period not to exceed 60 days following the hearing required under this subsection, if there is a requirement that there be a finding by the court based on clear and convincing evidence presented at a hearing that the accused committed the felony and a requirement that there be a finding by the court that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent intimidation of witnesses. Any law enacted under this subsection shall be specific, limited and reasonable. In determining the 10-day and 60-day periods, the court shall omit any period of time found by the court to result from a delay caused by the defendant or a continuance granted which was initiated by the defendant.”

Wis. Const. Art. I, § 8

West Virginia

No constitutional right to bail.

Wisconsin

“(2) All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious bodily harm or prevent the intimidation of witnesses. Monetary conditions of release may be imposed at or after the initial appearance only upon a finding that there is a reasonable basis to believe that the conditions are necessary to assure appearance in court. The legislature may authorize, by law, courts to revoke a persons release for a violation of a condition of release.

(3) The legislature may by law authorize, but may not require, circuit courts to deny release for a period not to exceed 10 days prior to the hearing required under this subsection to a person who is accused of committing a murder punishable by life imprisonment or a sexual assault punishable by a maximum imprisonment of 20 years, or who is accused of committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another and who has a previous conviction for committing or attempting to commit a felony involving serious bodily harm to another or the threat of serious bodily harm to another. The legislature may authorize by law, but may not require, circuit courts to continue to deny release to those accused persons for an additional period not to exceed 60 days following the hearing required under this subsection, if there is a requirement that there be a finding by the court based on clear and convincing evidence presented at a hearing that the accused committed the felony and a requirement that there be a finding by the court that available conditions of release will not adequately protect members of the community from serious bodily harm or prevent intimidation of witnesses. Any law enacted under this subsection shall be specific, limited and reasonable. In determining the 10-day and 60-day periods, the court shall omit any period of time found by the court to result from a delay caused by the defendant or a continuance granted which was initiated by the defendant.”

Wis. Const. Art. I, § 8

Wyoming

“All persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.”

Wyo. Const. Art. 1, § 14

Source: National Conference of State Legislatures, June 2022