TITLE 19

CRIMINAL PROCEDURE

CHAPTER 19

MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL

19-1910.  pretrial risk assessment tools. (1) All pretrial risk assessment tools shall be transparent, and:

(a)  All documents, data, records, and information used by the builder to build or validate the pretrial risk assessment tool and ongoing documents, data, records, and written policies outlining the usage and validation of the pretrial risk assessment tool shall be open to public inspection, auditing, and testing;

(b)  A party to a criminal case wherein a court has considered, or an expert witness has relied upon, a pretrial risk assessment tool shall be entitled to review all calculations and data used to calculate the defendant’s own risk score; and

(c)  No builder or user of a pretrial risk assessment tool may assert trade secret or other intellectual property protections in order to quash discovery of the materials described in paragraph (a) of this subsection in a criminal or civil case.

(2)  For purposes of this section, "pretrial risk assessment tool" means a pretrial process that creates or scores particular factors in order to estimate a person’s level of risk to fail to appear in court, risk to commit a new crime, or risk posed to the community in order to make recommendations as to bail or conditions of release based on such risk, whether made on an individualized basis or based on a grid or schedule.

History:

[19-1910, added 2019, ch. 258, sec. 1, p. 768.]