In re Harris

Summary

The court held that a trial court deciding whether to detain a defendant without bail under article I, section 12(b) may consider reliable hearsay, documentary material, and prosecutorial proffers rather than only evidence admissible at trial. Such evidence may be used consistently with federal and state due process, but the court must assess reliability, may require additional evidence, and may not simply presume the truth of the criminal charges. The court reversed the Court of Appeal insofar as it found the constitutional detention elements supported by substantial evidence and remanded for further proceedings, including findings on less restrictive alternatives. There were no separate opinions.