Bail for witnesses; judicial review of detention or amount of bail.
1. If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure his presence by subpoena, the magistrate may require him to give bail for his appearance as a witness, in an amount fixed by the magistrate. If the person fails to give bail the magistrate may:
(a) Commit him to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;
(b) Order his release if he has been detained for an unreasonable length of time; and
(c) Modify at any time the requirement as to bail.
2. Every person detained as a material witness must be brought before a judge or magistrate within 72 hours after the beginning of his detention. The judge or magistrate shall make a determination whether:
(a) The amount of bail required to be given by the material witness should be modified; and
(b) The detention of the material witness should continue.
Ê The judge or magistrate shall set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continue.
Last modified: February 25, 2006