(a) A person, either before trial or after conviction, who is detained under this chapter may be released temporarily if
(1) the person is being held in connection with a misdemeanor or class B or C felony;
(2) the release is requested because of the
(A) death of an immediate family member of the person;
(B) birth of the person's child if the defendant executes an affidavit of paternity before the release;
(C) person's need for a mental health or substance abuse assessment that the court finds cannot be accommodated in the facility or telephonically; or
(D) person's need for a medical or dental examination required for acceptance into a residential treatment facility; and
(3) the court solicits information from the Department of Corrections regarding the defendant's conduct while incarcerated and considers that information when making a decision under this subsection.
(b) If a court orders temporary release of a person under (a) of this section, the court shall order the person to appear in court during normal business hours at the end of the period of temporary release and before the person is returned to a correctional facility.
Section: Previous 12.30.016 12.30.020 12.30.021 12.30.023 12.30.027 12.30.029 12.30.030 12.30.031 12.30.035 12.30.040 12.30.050 12.30.055 12.30.060 12.30.070 12.30.075 NextLast modified: November 15, 2016