Simpson v. Miller

OPINION

SWANN, Judge:

¶ 1 These special actions require us to determine the constitutional minimum requirements for bail hearings when a statute makes certain serious offenses nonbailable. The petitioners were each charged with sexual conduct with a minor under the age of 15 and were denied bail under A.R.S. § 13-3961(A)(3). We do not hold that the petitioners were entitled to bail, but that they were entitled to hearings at which the judges could consider whether any release conditions could protect the victims and the community.

¶ 2 In United States v. Salerno, 481 U.S. 739, 107 S.Ct. 2095, 95…