House Bill 26-027

This bill establishes a clear statewide requirement that individuals arrested without a warrant must receive a prompt judicial determination of probable cause following their arrest and booking into a detention facility. The bill codifies the constitutional standard articulated by the United States Supreme Court in County of Riverside v. McLaughlin, which held that jurisdictions must generally provide a probable cause determination within forty-eight (48) hours of a warrantless arrest.

Under this legislation, any person arrested without a warrant must be brought before a judicial officer, or otherwise have a probable cause determination made, within 48 hours of arrest. The determination may occur during an initial appearance, arraignment, or through another legally authorized procedure, including secure video hearings or sworn written affidavits reviewed by a judge or magistrate.

The bill clarifies that delays beyond the forty-eight hour period are presumed unconstitutional unless the government can demonstrate extraordinary circumstances. Routine administrative delays, investigative convenience, staffing shortages, or court congestion are explicitly prohibited from being used as justifications for exceeding the time limit.

If a probable cause determination is not made within the required timeframe, the detained individual must be released from custody without unnecessary delay, unless a judicial warrant supported by probable cause has been issued or the person is being lawfully held on another charge.