(4)3 Pre-Trial Detention & Bail

(4)3 Pre-Trial Detention & Bail

This section governs the conditions under which an accused defendant may be lawfully detained prior to trial, and establishes procedures and standards for bail determinations.

(4)3.1 Presumption of Pre-Trial Release

All defendants are presumed eligible for pre-trial release pending resolution of criminal charges.

Pre-trial detention shall be the exception, not the rule.

(4)3.2 Grounds for Pre-Trial Detention

A court may order pre-trial detention only upon a finding, supported by clear and articulable facts, that the defendant:

1. Presents a credible risk of flight; or
2. Presents a credible and immediate danger to the public or specific individuals; or
3. Is subject to mandatory detention under a specific statute.

The severity of the charged offense alone shall not constitute sufficient grounds for detention.

(4)3.2.1 Mandatory Detention for Aggravated Felonies

Notwithstanding other provisions of this section, a defendant charged with an aggravated first-degree felony shall be subject to mandatory pre-trial detention.

For purposes of this section, an aggravated first degree felony means, any felony crime in which there is probable cause that involves an aggravating circumstance under (4)7.3 Aggravating Circumstances or any of the following crimes:

• (6)2.1.1 Capital Murder
• (6)7.4.3 Capital Treason
• (6)3.2.1 Criminal Racketeering
• (6)2.1.2 Murder in the First Degree
• (6)2.2.1 Robbery in the First Degree
• (6)2.3.1 Assault in the First Degree
• (6)7.1.2 Escape in the First Degree
• (6)7.4.1 Engaging in a Terroristic Plot
• (6)7.4.2 Aiding Terroristic Activity

The court shall order detention upon a finding of probable cause.

The defendant retains the right to:

1. A prompt detention hearing
2. Review of the classification applicability
3. Appeal or petition for reconsideration if the charge is amended or dismissed

(4)3.3 Bail Hearings

Defendants held in custody are entitled to a prompt bail hearing before a judicial officer.

At a bail hearing, the court may consider:

1. The nature and circumstances of the charged offense
2. The defendant’s criminal history
3. Ties to the community
4. Prior failures to appear
5. Any credible threats to public safety

(4)3.4 Bail Conditions

Bail may be imposed in the least restrictive form reasonably necessary to ensure court appearance and public safety.

Permissible conditions may include:

1. Monetary bail
2. Release on recognizance
3. Travel restrictions
4. No-contact orders
5. Supervision or monitoring requirements

(4)3.5 Excessive Bail Prohibited

Bail shall not be excessive, punitive, or set at a level designed to ensure continued detention.

The court must consider the defendant’s financial resources when imposing monetary bail.

(4)3.6 Review and Modification

A defendant may move for review or modification of bail conditions upon a material change in circumstances or new information.

(4)3.7 Violation of Bail Conditions

A willful violation of bail conditions may result in:

1. Revocation of bail
2. Modification of release conditions
3. Additional lawful sanctions

(4)3.8 Credit for Time Served

Any time spent in pre-trial detention shall be credited toward any custodial sentence imposed upon conviction.