In re Harris

Opinion of the Court by Guerrero, C. J.

The California Constitution guarantees a person charged with a noncapital offense the right to pretrial release on bail, subject to narrow exceptions. (Cal. Const., art. I, § 12.) One exception appears in article I, section 12, subdivision (b) of the California Constitution (article I, section 12(b)), which authorizes a trial court to detain an individual without bail for “[f]elony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others.” We granted review to decide whether an order denying bail pursuant to article I, section 12(b) requires evidence that would be admissible at a criminal trial, and if not, whether the prosecution may meet its burden under this provision through a proffer describing the evidence supporting pretrial detention. Here, petitioner John Harris, Jr., filed a petition for writ of habeas corpus challenging the trial court’s pretrial order detaining him…