On 9/18/2023 the SAFE-T act was signed into law and implemented. The results are that cash is no longer posted for bail. The person who is charged is released by the court (or by statute depending on what the offense is) or detained. The state must file a petition to detain if they decide to not release the defendant. The court then sets the matter for an initial hearing and sets the hearing itself the following date. Sometimes the state will agree to conduct the hearing the same date but that is not normal. The defense attorney receives some discovery and a release risk report from the state/clerk minutes before beginning the hearing. The hearing is conducted via proffer and live witnesses are normally not used. This does vary depending on which county the detention hearing takes place. The court makes a ruling either after the hearing is conducted from the bench or after a period of advisement. If a person is ordered detained he/she must then file a motion for relief. That is a motion requesting the court to reverse its decision. Of course, that rarely occurs. Then the defendant may file a Notice of Appeal if they desire. Most appeals are not successful. So if a court rules a defendant be detained they almost always remain detained until such time as their case is resolved.
The problems I see with this system are that many persons who are charged with firearm offenses and some Domestic/Battery charges are being detained whereas in the past they would have posted cash and been released. In the past when these persons were released on cash bail it was rare that they would commit new crimes while on release. It did happen occasionally, but it was not common. The SAFE-T Act was designed to release as many people pending trial as could be. The application of this act has resulted in many defendants being detained when they would have been released with cash bail prior to the act.
Another problem is that the different counties apply the law differently to similarly charged defendants. Smaller counties have a greater tendency to detain a person charged with a serious felony where in other larger counties that person would be released from custody with conditions.
The appellate courts have essentially concluded that whatever the trial court rules, they won't disturb the finding and detention orders. This is unfortunate as there remain in jail defendants who would have been released on bail prior to the act.