The People v. Cynthia Brann

Summary

The court held that a court may modify a securing order for a qualifying defendant accused of additional violent felonies under either of two statutory mechanisms. If the court proceeds under the risk-of-flight mechanism, the record must show consideration of the statutory flight-risk factors; otherwise, the modification is presumed to rest on the subsequent offenses and must comply with the evidentiary hearing requirements applicable to that mechanism. Because the defendant's habeas claim was moot but presented an issue likely to recur and evade review, the court converted the proceeding to a declaratory judgment action and reversed.