(a) A person in Houston County charged with an offense, at an appearance before a judicial officer, may be ordered released pending a trial on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of discretion, that release will not reasonably assure the appearance of the person as required.
(b) No person in Houston County charged with an offense shall be considered for the program created by this subpart until the accused’s first appearance before a judicial officer.
(c) In determining which conditions of release will reasonably assure the appearance of a person as required, the judicial officer, on the basis of available information as presented by the state, city, or their representative, respectively, or the defendant, shall consider matters such as the nature and circumstances of the offense charged, the weight of the evidence against the person, his or her family ties, employment, financial resources, character and mental condition, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings or of flight to avoid prosecution, or failure to appear at court proceedings. The judicial officer, in making factual determinations, shall consider that this subpart has two purposes, one of which is to assure the presence of the defendant at trial and the other of which is to assure that all persons, regardless of their financial or social status, shall not needlessly be detained pending their appearance to answer charges, or pending appeal, when detention serves neither the ends of justice nor the public interest.
(d) A judicial officer authorizing the release of a person under this subpart shall issue an appropriate order containing a statement of the conditions imposed, if any, inform the person of the penalties applicable to violations of the conditions of his or her release, advise the person that a warrant arrest will be issued immediately upon any violation, and warn the person of the penalties provided in Section 45-35-232.22.
(e) A judicial officer ordering the release of a person on any condition specified in this section, subject to law, may at any time amend the order of release to impose additional or different conditions of release.
(f) All sums collected under this subpart shall be paid into the fund established pursuant to the terms of Section 45-35-232.23.
Last modified: May 3, 2021