§62-1C-1a. ~~Release upon own recognizance authorized~~ Pretrial release; types of release; conditions for release; considerations as to conditions of release.

Any other provision of this article to the contrary notwithstanding, when from all the circumstances, the court or magistrate is of the opinion that the defendant or person arrested will appear as may be required of him either before or after conviction, such defendant or person arrested may be released upon his own recognizance.

(a) Subject to the provisions of §62-1C-1 of this code, when a person charged with a violation or violations of the criminal laws of this state appears before a judicial officer, the judicial officer shall issue and order that pending trial, the person be:

(1) Released on his or own recognizance or upon execution of an unsecured appearance bond, or;

(2) Released upon a condition or combination of conditions under subsection (c) of this section;

(b) A judicial officer shall order the pretrial release of a person on his or her own recognizance, or upon execution of an unsecured appearance bond in an amount specified by the judicial officer unless the judicial officer determines that this release will not reasonably assure the appearance of the person as required or will endanger the safety of the person charged, another person, or the community.

(c) If the judicial officer determines that release as described in subsection (9) subdivision (1) of this section will not reasonably assure the appearance of the person charged as required or will endanger the person charged, another person, or the community, the judicial officer shall order the pretrial release of the person:

(1) Subject to the condition that the person will not commit a federal, state, or municipal ordinance; and,

(2) Subject to the least restrictive further condition or combination of conditions that the judicial officer determines reasonably assures that the person will appear as required, and protect the safety of the person charged, other persons, and the community which may include that the person charged shall:

(A) Remain in the custody of a person designated by the judicial officer, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is reasonably able to assure the judicial officer that the person will appear as required and will not pose a danger to himself or herself or to the safety of any other person or the community;

(B) Participate in home incarceration pursuant to §62-11B-1 et seq. of this code;

(D) Maintain employment, or, if unemployed, actively seek employment;

(E) Maintain or commence an educational program;

(F) Abide by specified restrictions on personal associations, place of abode, or travel;

(G) Avoid all contact with an alleged victim of the alleged offense and with potential witnesses who may testify concerning the offense;

(H) Report on a regular basis to a designated law enforcement agency, pretrial services agency, or day report program;

(I) Comply with a specified curfew;

(J) Refrain from possessing a firearm, destructive device, or other dangerous weapon;

(K) Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in §60A-1-1 et seq. of this code without a prescription by a licensed medical practitioner;

(L) Undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;

(M) Execute an agreement to forfeit, upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial office may require;

(N) Execute a bail bond with solvent sureties; who will execute an agreement to forfeit in an amount reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety’s property; and the surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;

(O) Return to custody for specified hours following release for employment, schooling, or other limited purposes; or

(P) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.

(d) Notwithstanding the provisions of subsection (a) of this section, in the case of a felony offense that involves an alleged minor victim or an alleged violation of §15-12-8 of this code, a bail order shall contain, at a minimum each of the conditions specified at paragraphs (F), (G), (H), (I), and (J) of this subdivision.

(e) The judicial officer may, in determining what conditions of release will reasonably assure the appearance of the person charged as required and the safety of the person charged, other persons, and the community, consider available information concerning:

(A) The nature and circumstances of the alleged offense;

(B) The history and characteristics of the person charged, including:

(i) The physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, history of alcohol or drug abuse, criminal history, the record concerning appearance at court proceedings, and the nature and seriousness of any danger the person charged may pose to himself or herself, other persons, or the community: and (ii) Whether at the time of the current offense, the person charged was under home incarceration, probation, parole, or other similar types of supervision.

(f) A judicial officer may not impose a financial condition solely to require pretrial detention of the person charged.

(g) A judicial officer may modify at any time to impose additional or different conditions of release.

Adopted

Rejected