Eroding pre-trial rights, requiring waiver of process rights

The ACLU of Kansas strongly opposes SB 190. The bill undermines the essential principle of a fair and just legal system by restricting the ability of magistrates to make individualized decisions concerning conditions of release. Especially concerning is the mandatory waiver of process rights included in the bill. In a fair legal system, each case is ideally considered on its own merits; however, SB 190 imposes requirements that overlook the unique circumstances of each individual.

Additionally, the bill's limitations on pre-trial release is concerning. Pre-trial release is crucial to prevent unwarranted and extended incarceration. Our criminal legal system is already suffering from over-incarceration. Instead of addressing the issue, this bill would exacerbate the problem by creating fewer options and opportunities pre-trial.