Alabama Title 15 Chapter 13 Alaska Title 12, Chapter 30 Arizona Title 13, Chapter 38, Article 12; Rules of Crim Pro. 7 Arkansas Title 16 Chapter 84 Rules of Criminal Procedure 8, 9 California Part 2 Penal Code, Title 10, Chapter 1 No: But on first appearance, courts must release Ds on personal recognizance or unsecured appearance bond unless community safety or appearance cannot be guaranteed 12.30.020(a). Yes, R. Crim. Pro. 7.2 entitles D to ROR unless appearance cannot be assured; it also requires imposition of the least onerous conditions in this order: (1) Execution of an unsecured appearance bond in an amount specified by the court; (2) Placing the person in the custody of a designated person or organization agreeing to supervise him or her; (3) Restrictions on the person's travel, associations, or place of abode during the period of release; (4) Any other condition not included in (5) or (6) which the court deems reasonably necessary; (5) Execution of a secured appearance bond; or (6) Return to custody after specified hours. R. Crim Pro. 9 permits judges to set money bail ONLY after they determine no other conditions will assure the D s appearance in court. R. Crim Pro. 8.4 allows ROR but requires an inquiry into pretrial release conditions if crime has greater than 1 yr penalty and pros. doesn t stipulate to ROR, or it s less than 1 yr penalty but law enf. officer opposes ROR D s may be ROR in any case where they could be released on money bail (which is all cases except capital offenses); if it is a misdemeanor, D must be ROR unless public safety is at issue. 1270(a) If a judge attempts to impose bail other than that contained in the local bail schedule, must Primary purpose of bail is future appearance. 15-13-02. Safety of victim is considered in domestic violence cases. 15-13-190 Yes: (12.30.020(a)(b)) Courts may impose a variety of release conditions if D poses a threat to the (12.30.010(a)) Yes: 13-3961 requires courts to consider appearance, intimidation of witnesses and safety of victim and Yes: R. Crim. Pro. 9.3 allows judge to impose release conditions if D might commit further wrongful acts Yes; public safety is a primary consideration. 1270(a). Various other provisions allow judges to consider safety to victims when deciding on bail conditions. No, not even for capital offenses. Yes: if courts find the presumption is great that D committed: sexual assault, sex w/minor, molestation of child, or if D is an illegal immigrant, a serious felony. 13-3961 Also if D is charged with a felony and there is clear and convincing evidence that D poses a threat to the community or to children or might engage in terrorism, and no conditions of release can protect the 13-3961 No; but before courts may impose bail in an amount greater or less than that contained in the locally promulgated bail schedule, they must conduct a hearing. 1270.1(a) 1319 requires a court to conduct a hearing for a D arrested for a violent felony before released on his own recognizance, but
Colorado Title 16, Article 4 Connecticut Title 54, Chapter 960 Delaware Title 11, Part 2, Ch. 21 conduct a hearing.. Ds are entitled to ROR for class 3 Yes. CRS 16-4-101 provides that judges misdemeanors. may consider the safety to the public in For all other types of offenses except capital, denying bail. bail may not be oppressive and the judge may CRS 16-4-105 provides that judges may consider a variety of conditions for most Ds. consider the safety to the public in CRS 16-4-105 deciding which bail conditions to CO law provides a certain sum in the statute for impose. certain offenses, but allows judges to exercise discretion. CRS 16-4-103 Yes; 54-63b instructs the court to establish uniform release criteria in release decisions on the premise that the least restrictive condition should be used to ensure D s appearance. Police officers, upon arrest, must interview the D and either release them upon recognizance or upon money bond if necessary. If neither is satisfied, then the police officer must refer them to a bail commissioner, who is to determine the least onerous conditions for release. 54-63c, 54-63d. Judicial officers must release D on the first of whatever condition will assure D s appearance, (1) written promise to appear without special conditions, (2) written promise to appear with nonfinancial conditions, (3) bond w/o surety in no greater amount than necessary, (4) bond w/ surety in no greater amount than necessary. Not exactly; But the stated purpose of bail is to establish a system of personal recognizance or unsecured personal appearance bond. 2101 Yes; the purpose of bail is to ensure appearance of D and the safety of the 2101 makes no allowance for detention. Yes; C.R.S. 16-4-101 states that certain violent offenders, most of whom must have previous records, are not entitled to bail. Florida Title 47, Chapter 903, Not exactly; there is a presumption for release on Yes; 903.046 states that purpose of bai nonmonetary conditions for Ds who are not is to assure presence of D and protect Yes; 907.041 states the legislative intent is to detain Ds who are dangerous or pose
907; Rules of Criminal Procedure 3.131, 3.132 Georgia Title 17 Chapter 6, Article 1 Uniform Superior Ct. Rule 27 Hawaii Title 38, Chapter 804 Idaho Title 19, Chapter 29; Idaho Criminal Rule 46 charged with committing dangerous crimes. 907.04 But courts are permitted to set bail schedules and release Ds according to those schedules, unless otherwise ordered. Yes; 17-6-1 provides that judges may consider danger to community as well as risk of flight when setting bail. Yes: 804-3 provides for consideration of danger to community and victims. 804-7.1 provides that judges may deny bail altogether if they determine D will commit another crime or intimidate witnesses or victims. (effective Jan 1 2011) Yes. Idaho Bail Act states that protection of the community is essential. 19-2902 In deciding how to post bail or release D on recognizance, the judge may consider the likelihood that D will commit future crimes. ICR R. 46 a risk of flight may be detained. A court may order pretrial detention for a variety of reasons. Yes; 17-6-1 provides that in cases of family violence where D has previously violated pretrial release conditions, a judge may deny bail. It also provides that a rebuttable presumption arises that no conditions could guarantee safety where a D accused of a violent felony has a prior conviction of a violent felony; however, this section does not appear to directly provide for pretrial detention. 17-6-1 also provides that where D has previously violated conditions of release for crime of stalking, the court may deny bail. Yes; 804-3 provides that bail may be denied where the crime was serious (including class A and B felonies) and there is a serious risk that D will flee or cause harm to the community in some way. Rebuttable presumptions of denial arise where D has committed prior felonies; Courts may also deny bail if no combination of conditions can guarantee safety to community or prevent risk of flight. 804-7.1 provides that judges may deny bail altogether if they determine D is likely to commit another crime or intimidate witnesses or victims. (Effective Jan 1 2011) Ds are entitled to ROR or money bail. Courts have discretion as to release after D pleads guilty or has violated bail in some way. I.R.C. R. 46; 19-2904
Illinois Title III, Article 10, Criminal Procedure Code Indiana Title 35, Article 33, Chapter 8 Iowa Title XVI, Subtitle 2, Chapter 811 Kansas Chapter 22, Article 28 Kentucky K 24.210 Rules of Criminal Procedure, Rule 4 Yes; 725 ILCS 5/110-2 is to be liberally construed such that criminal sanctions and contempt of court proceedings will be used first to effectuate purposes of bail. Financial bond does not have to be used, and money is to be used only when it is clear that no other conditions of release will assure D s presence or protect the No; but 811.2 provides that Ds are entitled to ROR or by money; if the court determines such measures will not be sufficient, additional conditions may be imposed. No; But the stated purpose of bail is to avoid needless detention regardless of D s financial status. 22-2801; But 22-2802 mandates the imposition of an appearance bond, unless the court chooses to do otherwise in its discretion. Not exactly; But R. 4.10 states that a court shall release a D on personal recognizance or unsecured bail bond unless such release will not assure D s presence at trial. R. 4.12 also states that if neither of those will ensure D s appearance, the court may impose the least onerous conditions likely to assure such appearance. Yes; a court is required to consider danger to community before releasing D on recognizance. 725 ILCS 5/110-2; also 725 ILCS 5/110-4. Yes; 35-33-8-3.2 permits courts to impose a variety of bail conditions to ensure protection of the See also 35-33-8-4. Yes; 811.2 provides that courts may consider danger to the community when releasing D on recognizance or on financial conditions. Yes; 22-2802 permits courts to set an appearance bond to assure D s presence at trial and to protect the Not exactly; But R. 4.16 allows courts to consider D s likely behavior on release when determining bail sum. Most of the Rules refer to assuring D s presence. Yes; 725 ILCS 5/110-4 permits denial of bail to anyone committing a variety of offenses, including non-probational felonies where D would pose a threat to others, poses threats of terrorism, unlawfully uses a gun near schools, or is charged with stalking. The burden is on the state to show proof is evident or presumption is great. No; 35-33-8-2 provides that all offenses beside murder are bailable. However, courts may detain a person arrested for domestic violence for at least 8 hours. 35-33-8-6.5. Courts may also impose greater amounts of bail than the county guidelines provide in cases of sexually violent predators. 35-33-8-3.5 811.1 provides that courts may not admit Ds pleading guilty for certain felonies to bail. Louisiana Title 8 Yes; La. C.Cr.P. Art. 334 permits courts to consider safety of the community in imposing bail. La. C.Cr.P. Art. 330.1 allows courts Yes. La. C.Cr.P. Art. 330.1 allows courts to detain Ds if they pose an imminent danger to the community, to be determined at a hearing.
Maine Title 15, Chapter 105-A; Rule of Criminal Procedure 46 Maryland Criminal Procedure Title 5 Subtitle 1 Massachusetts Part IV, Title II, Chapter 276 Yes; 1002 states the legislature s intent that courts consider the least restrictive condition to assure the presence of D at trial. 1026 prohibits a court from imposing financial conditions or any other conditions which are greater than reasonably necessary to achieve various bail interests. Not exactly. 5-101 states that the purpose of bail is to rely on criminal sanctions instead of financial loss to assure D s presence at trial. Yes; 58 entitles D to ROR unless the court finds such release insufficient to assure D s presence at trial or will create danger to Also, 27 states that when D is summoned, he may be required to recognize for further appearance but not required to give surety without a special order by the prosecution. to detain Ds who pose an imminent threat of danger. La. C.Cr.P. Art. 330.2 also allows courts to consider danger to community when setting or denying bail for sex offenders. Yes; 1002 states the purpose of the bail law is to assure D s presence and safety to the community, when applicable. Yes; 5-201, 202 require courts to consider safety to the community before releasing Ds. Yes; 58A allows courts to evaluate whether D will pose a threat to the community before releasing D. It also prohibits judges from using financial conditions to release D. Also LA Const. Art I, 18 provides that anyone charged with intent to distribute a controlled substance may not be admitted to bail if there is clear and convincing evidence that D might flee or pose a risk to the Yes; but only for Ds committing formerly capital offenses. 1027. 1027 requires the state to prove a presumption that D has committed a formerly capital offense is great. Then the court may exercise discretion as to bail. Otherwise, Ds are entitled to bail as a matter of right. Yes; 5-202 prohibits courts from releasing Ds charged with escaping from prison; It also permits courts to deny pretrial release for Ds charged with being drug kingpins if it is likely they will flee or be a threat to community; there is a rebuttable presumption of both for accused drug kingpins. 5-202 also allows detention of Ds who have been convicted of violent crimes, and Ds charged with committing a variety of crimes while on pretrial release. Yes; if a court determines that D is dangerous because D has committed one of a variety of offenses, D may be detained for a period not to exceed 90 days. However, a judicial officer may NOT impose a financial condition which results in the detention of a prisoner. 58A. Courts may not impose financial bonds when considering D s dangerousness. Also, 58 provides that where D was released on a prior charge and has committed an offense, and the court
Michigan Chapters 760-777, Code of Criminal Procedure Chapter V Minnesota Rule of Criminal Procedure 6; Minnesota Statute 629.53 Mississippi Title 99, Chapter 5 Not exactly for felonies; But 765.6a requires courts to impose cash bond or a surety if D has committed crimes while on bond posted by himself or has been convicted twice of felonies in last 5 yrs. Yes, for misdemeanors and traffic offenses: 780.62 permits ROR if the court believes that D will appear as necessary. This provision is to be construed such that courts rely upon criminal sanctions, rather than financial loss, to assure Ds presence at trial. R. Crim. P. 6.02 commands courts to release persons without bail pending their first appearance; At their first appearance, Ds are entitled to ROR or an unsecured appearance bond unless they are likely to flee or pose a threat to If either risk is present, the court is to impose the first of these conditions that will allay those risks: 1) place D in a supervisory program; 2) place restrictions on travel; 3) require execution of appearance bond; 4) or any other condition reasonably necessary. But it goes on to say that regardless, the court must always post the amount of money D could pay, without other conditions, to be released. Not exactly. Money bond appears to be only form of bond accepted, or personal recognizance if a justice of the peace so decides. Miss. Code Ann. 99-5-11 Yes; 765.6 permits courts to consider protection of the public in imposing bail. Yes; 765.6b allows courts to impose a variety of conditions on D if necessary to protect victims. Yes. Crim. P. 6.02 permits courts to consider danger to the community when imposing bail conditions. determines D is a danger to community, the court may detain him until adjudication of the prior charge, not to exceed 60 days. Yes; Mich. Const. Art I, 15 prevents Ds who have been convicted of 2 prior felonies from being admitted to bail. It also prohibits bail for Ds who have committed criminal sexual conduct in the first degree, treason, or kidnapping with the intent to extort; or Ds who have committed a violent felony while on bail. Detention is not to exceed 90 days. Yes, MS Const. Art 3. 29 permits courts to deny bail to Ds having previously been convicted of crimes punishable by at least 20 yrs; or if D committed a felony while on bail. Yes, where the victim was dangerously wounded; if the victim dies, then D must be detained like other capital Ds; if the victim lives, D may be released on bail.
Missouri Supreme Court Rule 33; Chapter 544 (but SC Rules supersede statute) Montana Title 46, Ch. 9 Nebraska Criminal Procedure Chapter 29, Article 9 Nevada Title 14, Chapter 171 R. 33.01 requires courts to release D on written promise to return unless court finds such release insufficient to guarantee D s return. Then the court may impose any number of conditions, including supervision, sureties, etc. Of note: Mo. Sup. Ct. R. 33.02 requires courts to at least impose condition of written promise or a financial surety, in addition to whatever other conditions. Yes. 46-9-108 requires courts to impose the least restrictive conditions that will assure D s presence and protect the No order of conditions listed. Yes. 29-901 requires courts to release D on personal recognizance unless such release will not assure D s presence at trial or will pose a threat to the If so, the court must impose the first of the conditions that will reasonably assure D s presence at trial, or if that is insufficient, a combo of conditions. Yes. 46-9-106 requires courts to release D on conditions that will protect the Yes. 29-901 requires courts to consider danger to community before releasing D. Yes. 178.4851 permits courts to consider community welfare when deciding whether to release Ds on bail. Also, 178.4853 permits courts to consider safety to the community and the likelihood that D would commit future crimes. Miss. Code Ann. 99-5-33 Const. Art II 21 provides that all offenses except capital offenses are bailable. 46-9-109 provides that courts in deciding whether to release Ds may consider a variety of factors. Yes; Ne. Const. Art. I, 9 provides that Ds charged with treason or sexual offense involving penetration against the victim s will may not be admitted to bail. Yes. 178.484 permits courts to detain Ds who have committed felonies while on parole, or have committed a felony while on suspended sentence for another crime. 178.487 permits courts to revoke bail if D commits a felony while on release for a felony charge. New Hampshire Title LIX, Chapter 597 Not exactly; But 597:2 entitles D to ROR or an unsecured appearance bond unless the court believes neither are sufficient to assure D s presence at trial or to protect the The court may then impose other conditions, including financial conditions. Yes. 597:2 requires the court to impose conditions which will assure safety of community or assure D s presence at trial. Yes. 597:1-d states that where D is on probation for certain violent crimes and is charged with certain felonies, it is presumed that no conditions will assure his presence at trial or make the community safe.
New Jersey Title 2A, Subtitle 11, Chapter 162; Supreme Court Rules of Criminal Procedure Rule 3:26 New Mexico Yes. N.M. Magistrate Ct. R.Cr.P. 6-401 requires magistrate judges to release D on personal recognizance or unsecured appearance bond as well as any nonfinancial conditions, unless the court finds that such release will not assure D s presence at trial or will not protect the At that point, New York Criminal Procedure, Part 3, Title P. Article 510. Yes; N.J. Court Rule. 3:26-1 provides that the court may consider release conditions necessary to protect the Yes; N.J. Court Rule 3:26-1 provide that the court may consider release conditions necessary to protect the But notably, N.J. Stat. 2A:162-12 requires any D who has committed a long list of felonies to post cash bail or bail with sureties. Yes; NM Const. Art II 13 prohibits bail for a period of 60 days to Ds who are arrested for a felony and have previously been convicted of 2 or more felonies; or Ds who have been charged with a felony with the use of a deadly weapon and have a prior felony conviction. the court may impose financial bonds. NY CLS CPL 510.30 states that some statutes mandate detention of D while others do not. NY CLS CPL 510.30 prohibits a local criminal ct from ordering bail or recognizance but allows superior ct to do so; But Legislative history notes that it deliberately removed the preventive detention provision because it overburdened courts. North Carolina Chapter 15A, Subchapter 5, Article 26 Yes. 15A-534 entitles D to ROR, unsecured appearance bond, or to be placed in the custody of a supervisory organization unless the court determines that none of those conditions will assure D s presence or will create danger to any person. Then the judge may impose electronic monitoring or require secured bond. Yes. 15A-534 requires judges to consider safety to the community when imposing bail. 15A-533 prohibits release for escapees from mental health institutions; Also provides rebuttable presumptions that no release conditions will assure D s presence or safety of the community if D is charged with drug trafficking while on pretrial release for another drug crime, and has previously been convicted of a drug trafficking crime; or the above is all true but instead of drugs, the crimes relate to gang activity. Also, 15A-534.5 permits courts to detain Ds who have violated restrictive
North Dakota Rule of Criminal Procedure 46 Ohio Rule of Criminal Procedure 46; Title 29, Chapter 2937 Oklahoma Title 22, Chapter 19 Yes. Rule 46 provides that magistrates must first release D on personal recognizance or unsecured appearance bond, and may only impose additional requirements where they are necessary to assure D s presence at trial. Yes. Rule 46 allows judges to consider threats posed to the community by D when determining release conditions. Yes; 2937.222 requires a judge to consider safety of the community before releasing a D who has committed certain crimes. 2903.212 permits courts to consider whether D has committed certain offenses, including stalking or sexually oriented offenses, and had previously been convicted of one of those offenses. Then courts may set bail schedules for Ds charged with those offenses. Yes; 22 Okl. St. 1101 requires courts to consider safety to the community when detaining or releasing Ds. orders pursuant to public health or terrorism interests, if they pose a threat to the health and safety of others. Yes; 2937.222 provides that judges must hold hearings to determine whether to detain Ds who have committed felonies of the first or second degrees or vehicular manslaughter. Also, 2937.32 permits courts to order Ds to be detained if offense is not bailable or if court denies bail, or sufficient bail is not offered. Yes; 22 Okl. St. 1101 permits courts to deny bail for Ds charged with violent offenses and have two prior felony convictions, or are charged with a controlled substance offense that carries a sentence greater than 10 years. A rebuttable presumption arises that no conditions could make the community safe if D was arrested for kidnapping. Oregon Title 14, 135.245 requires court to set least the onerous conditions necessary to assure D s presence at trial and the safety of the D shall be entitled to ROR unless the judge determines other conditions are also necessary. This provision is to be construed liberally to rely on criminal sanctions instead of financial loss when setting bail. Yes; 135.240 requires courts to consider danger to the community when deciding to release D. Yes. 135.240 provides that D may be detained if there is probable cause to believe D committed a violent felony and the court determines that D poses a threat to victims or the public; also if D committed a new offense while on pretrial release.
Pennsylvania Rules of Criminal Procedure 500+; 18 Pa.C.S. 2711 Rhode Island Title 13, Chapter 13 Superior Court Rules of Criminal Procedure, Rule 46; RI Bail Rules South Carolina Title 17 Ch.15 South Dakota Title 23A, Subchapter 23A-43 The comment to Pa. R. Crim. P. 524 provides that the bail authority is to initially determine whether D would appear at subsequent proceedings if released on personal recognizance. The court may only consider additional types of bond if it determines ROR is insufficient. Normal bail may be used in addition to ROR when it is desirable to have a surety. Yes. RI Bail Rule II (court rules) entitles Ds to ROR unless such release will not assure the presence of D and protect the It also states that courts must impose the least restrictive further conditions, and may only impose monetary conditions where no other conditions will assure D s presence or protect the Money is not to be used to detain D. 12-13-1.3 states that Ds must be granted pretrial release or reduced bail, if they couldn t make bail, unless the laws provide otherwise. The court is allowed, in its discretion, to impose the least onerous conditions of release upon a D who may otherwise be ROR. 12-13- 1.3. Yes. 17-15-10 entitles Ds to ROR if Ds are charged with noncapital offenses and D s presence at trial and the safety of the community will not be jeopardized by such release. Yes. 23A-43-2 provides that Ds shall be released on personal recognizance or unsecured appearance bond, unless court determines that will not assure D s presence at trial or guarantee the safety of the Yes, but apparently only in domestic violence cases. Pa. R. Crim. P. 523; 18 Pa.C.S. 2711 requires courts to impose conditions on D that will protect the victim. 4956 states that any pretrial release of a D will be deemed to include a condition that D not intimidate any witnesses or violate any conditions of release. Yes; RI Bail Rule I says that bail shall be for the purpose of assuring D s presence in court and keeping the peace. 12-13-1.3 provides that release on nonmonetary conditions shall be applied to secure D s presence at trial and secure community safety. 12-13-5.1 states that anyone charged with an offense involving distribution of controlled substances carrying a sentence of 10 years or more are presumed to be a danger to the 17-15-10 requires courts to consider danger to the community when releasing Ds on personal recognizance. Also 17-15-30 requires courts to consider danger to the community when imposing bail. Yes. 23A-43-2 requires courts to consider the safety of the community before releasing D on personal recognizance. Not Exactly; Comment to Rule 524 states that no condition of release, whether nonmonetary or monetary, should ever be imposed for the sole purpose of ensuring that a D remains incarcerated until trial, but permits the court to deny bail if necessary to assure D s presence at trial. Only for Ds committing offenses with the use of a dangerous weapon when D has already been convicted of a capital crime or crime punishable by life imprisonment. RI Const. Art I. IX.
Tennessee Title 40 Chapter 11 Texas Title 1, Chapter 17 Utah Title 77 Chapter 20 Vermont Title 13 Part 5 Chapter 229 Virginia Title 19.2. Chapter 9. Article 1 Yes. If D doesn t qualify for ROR, then the court must impose the least onerous conditions to assure D s presence at trial. 40-11-116 Yes. 7554 entitles Ds to ROR or unsecured appearance bond unless such release will not assure D s presence at trial. Then the court may impose additional restrictions, but must impose the least restrictive additional conditions that will assure D s presence at trial. Yes. 40-11-118 requires courts to set bail as low as necessary to assure D s presence at trial while still ensuring the safety of the Yes. 17.15 requires courts to consider the safety of the community in imposing bail. Yes. 77-20-1 permits courts to consider danger to the community when imposing conditions of bail. Yes. 7554 states that if the conditions imposed to assure D s presence at trial will not also protect the community, the court may impose additional conditions, but must impose the least restrictive conditions to protect the Yes. 19.2-120 requires courts to consider public safety when determining whether to release D. (Even capital offenses are bailable). Tex. Const. Art. I, 11a permits Ds w/multiple felony convictions, or who have been charged with a felony while on bail for another felony, to be detained prior to trial. Also courts may detain Ds who are on release for a crime of family violence and have violated a condition of their release; or Ds who have violated a restraining order with the intent to commit violence against their family. 17.152; Tex. Const. Art. I, 11a Yes. 77-20-1 permits courts to detain Ds charged with felonies where 1) they may pose a danger to the community, 2) are charged with a felony while on probation for another felony, or 3) the court finds clear and convincing evidence to support the charge and D has previously committed a felony while on bail. Yes. 40 of Ch. II of the Vermont Constitution permits Ds who are charged with violent felonies to be detained if the court finds that evidence of guilt is great and there is clear and convincing evidence that D s release would pose threat of violence to the community or another person, and no combination of release conditions could protect the Yes. 19.2-120 allows courts to detain Ds where courts have probable cause to believe that no combination of conditions could assure D s presence at trial or protect the public; It also states that a rebuttable presumption arises that no conditions will accomplish those goals where D has
Washington Part IV, Rules for Superior Ct.; Superior Court Criminal Rules; Title 3 West Virginia Code of Criminal Procedure Chapter 62 Article 1C. Wisconsin Criminal Procedure CH. 969 Wyoming Title 7, Ch. 10; Yes; Wash. CRR 3.2 requires a presumption of release on personal recognizance unless the court believes such release will not assure D s presence at trial or that there is a likely danger that D will commit another crime or pose danger. If the court decides greater conditions are necessary to assure D s presence, the court must impose the least restrictive further conditions to assure D s presence. There is no such requirement for additional conditions imposed to protect the Yes. 969.01 states that when the court is considering imposing conditions of release, it must first consider the likelihood of D s presence at trial if released on personal recognizance. It also states that monetary bond may only be imposed to assure the presence of D at trial. Conditions of release may be imposed only to protect members of the Yes; W.R.Cr.P Rule 46.1 requires courts to release Ds on personal recognizance or an unsecured appearance bond unless the court Yes; Wash. CRR 3.2 requires courts to impose conditions that will protect the community, if necessary. Not exactly. But 62-1C-17a allows courts to impose conditions that prevent D s contact with alleged victim (child abuse). 62-1C-17c also allows consideration of threat of danger to victims (domestic violence). Yes. 969.01 requires courts to consider safety of the community when setting bail. Yes; W.R.Cr.P Rule 46.1 requires the court to consider the danger to the community in imposing additional committed a variety of offenses, including violent felonies, felonies while on probation, has been convicted of being a drug kingpin, and a number of other crimes. 19.2-120.1 states that a rebuttable presumption arises that no conditions will assure D s presence or public safety where D has committed a certain type of crime and is also an illegal immigrant. Yes. 969.035 allows courts to detain Ds who have committed violent crimes and have been previously convicted of committing violent crimes, and Ds who have committed first-degree sexual assault or first-degree sexual assault of a child.
Wyoming Rule of Crim Pro. 46+; 3.1 determines such release will not assure the safety of the community or will endanger the If the court so determines, it will order the least restrictive additional conditions that will protect the community and assure D s presence. Yes; W.R.Cr.P Rule 3.1 also requires release on citation anyone who has been arrested for a misdemeanor. conditions.