Currently, money bail can be set on any misdemeanor or felony case. The new law requires that anyone charged with a qualifying offense* be released without bail while they await their day in court and released with no conditions unless it is proven that conditions are necessary to ensure court appearance.
The conditions of release must be nonmonetary and the least restrictive to reasonably assure return to court. A person charged with a qualifying offense who is released to await trial in the community can be subject to bail or pretrial detention at a later point if he or she persistently and willfully fails to appear in court, violates an order of protection, is accused of witness tampering or intimidation, or is charged with another felony while awaiting trial for a felony.
*Qualifying offenses include all misdemeanors (except sex offenses and contempt of court charges related to an allegation of domestic violence), all non-violent felonies (except witness intimidation and tampering, sex offenses, and incest as well as some conspiracy, terrorism and contempt charges), robbery in the second degree, and burglary in the second degree.