In Re: Order Revising the Comment to Rule 523 of the Pennsylvania Rules of Criminal Procedure

Summary

This document is the Pennsylvania Criminal Procedural Rules Committee’s Final Report explaining a revision to the Comment to Pennsylvania Rule of Criminal Procedure 523. The revision clarifies that risk assessment tools may be considered in bail determinations but may not be the exclusive means of making the decision.

Holdings

1. The revision to the Comment to Rule 523 recognizes that the rule does not forbid consideration of a risk assessment tool in determining bail, but the tool may not be the exclusive means of reaching the bail decision.

Questions Presented

1. Whether Pennsylvania Rule of Criminal Procedure 523 permits consideration of risk assessment tools in making bail determinations.
2. Whether the Comment to Rule 523 should clarify that a risk assessment tool may not be the exclusive means of reaching a bail decision.

Disposition

approved