§ 12-13-1.3 - Pretrial release.
SECTION 12-13-1.3
§ 12-13-1.3 Pretrial release. – (a) Unless otherwise provided, a detainee shall be eligible for pretrialrelease or reduced bail if he or she fails to post bail.
(b) "Pretrial release" means release of a defendant withoutbail but upon an order to abide by the conditions as set by the court. Releaseon non-monetary conditions shall be applied to secure the presence of theaccused and protect the safety of the community.
(c) The department of corrections shall collect informationconcerning the background and circumstances of the pretrial detainee. Thedepartment's investigation shall include the following information and anyother factors as shall be appropriate to the case:
(1) Marital status.
(2) Name and address of dependents.
(3) Past and present employment, including place ofemployment, position held and length of employment.
(4) Whether the defendant is under the care of a licensedphysician or uses medication prescribed by a licensed physician.
(5) Any physical or mental condition affecting thedefendant's behavior.
(6) Education.
(7) Prior criminal record, including facts indicating thatthe defendant is likely to be a danger to the community if released withoutrestrictions.
(8) Prior court appearances and record of appearance ornon-appearance.
(9) Ties to this community and to other communities.
(10) Financial resources.
(d) If, as a result of this investigation, the department ofcorrections concludes that the pretrial detainee is an appropriate candidate tobe considered by the court for pretrial release or reduced bail, the departmentshall present its findings to the court.
(e) Upon a determination by the court that a defendant issuitable for release on recognizance subject to conditions set by the court,the court in its discretion may also impose the least onerous of the followingconditions necessary to assure the defendant's appearance in court:
(1) Imposition of condition of release involving fieldsupervision with or without special conditions. Field supervision shall requirenotification to defendants released prior to trial of their court dates.
(2) Imposition of condition of release involving placement ofdefendant on intensive supervision, with or without special conditions.Intensive supervision shall require contact with the officials designated bythe courts and prompt notification to the court of all apparent violations ofpre-trial release conditions or arrest of persons released to its custody.
(3) Imposition of a condition of release involving placementof the defendant on community confinement pursuant to § 42-56-20.2.
(f) This section shall not be construed to preclude review bythe court of a defendant's bail status at any time.