Bill aims to define 'good behavior' for summons releases to close enforcement gap, prosecutor says

Representative Jennifer Rhodes introduced House Bill 16‑96 to define “good behavior” for defendants released on a summons (in lieu of custodial arrest) and to add enforcement mechanisms comparable to the bail‑jumping statute. Prosecutor Kayla Slaughter told the committee a recent local case revealed courts treat the summons as an executive, not a judicial, directive, leaving prosecutors without a statutory mechanism to enforce breaches of 'good behavior' for summonsed defendants.

Slaughter outlined examples from her courtroom where defendants released on a summons later committed crimes and argued there is a policy gap: unlike bail released by a judicial officer, a summons lacks a defined enforcement track that allows prosecutors to charge contempt or bail‑breach consequences. The bill would add statutory definitions, penalties and defenses tailored to summons releases while preserving due process. Slaughter said the change would reduce unnecessary detention by allowing summons releases to be effective without repeatedly invoking bail commissioners and court scheduling.

Committee members asked whether the proposal expands executive power and whether it risks double jeopardy. Slaughter and other attorneys explained the bill is drafted to avoid double jeopardy by requiring distinct evidence (the fact of release plus new criminal acts) and to preserve due process rights; the committee requested additional review and consultation with county attorneys.

No vote was taken; committee members asked for further legal review before moving forward.