False Claims About Detainable Charges Made by State Senator Steve McClure
State Senator Steve McClure claimed that people charged with burglary, child pornography, and DUIs could not be detained pretrial because of the Pretrial Fairness Act.
The Briefing
The senators assertions were patently false, which is why the WAND TV reporter eventually removed them from his article. Under the Pretrial Fairness Act, a judge can absolutely detain someone accused of residential burglary or child pornography. The law also made more DUI offenses detention-eligible than before the enactment of the law.
In that same article, Sen. McClure also claimed that he knew “for a fact” that prosecutors had to drop cases because they could not meet the deadlines for hearings, ignoring that the Pretrial Fairness Act allows a prosecutor to ask for additional time and that the law did not change the amount of time before an initial apperance hearing.
Unable to point to rising crime because of the law, he simply asserted that people must not be reporting crimes, without any evidence to support his claim.
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