Arizona court overturns no-bail provision for sex assault defendants

PHOENIX — The Arizona Supreme Court overturned a 2002 voter-approved state constitutional amendment that would have categorically denied bail to defendants charged with sexual assault if there’s clear proof and a very strong presumption of guilt.

The sharply-divided court ruled 4-3 on Friday, following a 2017 decision by the justices that it’s unconstitutional to hold someone charged with sexual conduct with a minor under 15 without a hearing.

In the latest ruling, the majority’s opinion said it violates the U.S. Constitution’s due-process protections to deny bail in sexual-assault cases without conducting a hearing on the dangerousness of defendants if released pending trial.

The man charged in the case has already pleaded guilty and been sentenced, but the Supreme Court said it ruled on the no-bail provision’s constitutionality anyway because it’s of statewide importance.

The Associated Press contributed to this report. 

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