summary
Introduced
04/13/2017
04/13/2017
In Committee
05/04/2017
05/04/2017
Crossed Over
05/01/2017
05/01/2017
Passed
05/18/2017
05/18/2017
Dead
Signed/Enacted/Adopted
06/06/2017
06/06/2017
Introduced Session
2017 Regular Session
Bill Summary
If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of the hold or, if the municipal hold is the sole basis for the person's detention, notify the municipal court of the hold within 4 hours. Once a demanding municipal court receives the notice that its hold is the sole basis for the detention, the court shall transfer the defendant for a hearing within 2 days of receiving the notice; except that if the defendant has failed to appear at least twice in the case and the jail is in a different county than the county where the municipality is located, the demanding municipal court shall transfer the defendant for a hearing within 4 days. At the hearing the municipal court must either: Arraign the defendant; or If the defendant is being held for failure to appear, conduct the proceedings related to the failure to appear unless the proceeding is a trial or evidentiary hearing or requires the presence of a witness. If the case is not resolved at the hearing, the municipal court shall conduct a bond hearing and release the defendant on bond under the least restrictive conditions possible. If the defendant is not brought before the municipal court within the required time limits, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. A municipal court shall adopt standing orders to effectuate the defendant's release if the defendant is not transferred to the municipal court within the required time frames.
AI Summary
This bill aims to improve the notification and hearing process for individuals detained in jail on a municipal hold. The key provisions are:
1. If a person is detained solely on a municipal hold and does not immediately receive a personal recognizance bond, the jail must promptly notify the municipal court within 4 hours.
2. Once the municipal court receives notice that the defendant is being held solely on a municipal hold, the court must hold a hearing within 2 calendar days, or 4 days if the defendant has failed to appear at least twice and is incarcerated in a different county.
3. At the hearing, the municipal court must either arraign the defendant or, if the defendant was arrested for failure to appear, conduct the proceedings for which the defendant failed to appear, unless it is a trial, evidentiary hearing, or requires a witness.
4. If the case is not resolved at the hearing, the municipal court must immediately conduct a bond hearing to consider the least restrictive conditions for the defendant's release.
5. If the defendant is not brought before the municipal court within the required time frames, the jail must release the defendant on an unsecured personal recognizance bond with no other conditions.
The bill also requires municipal courts to adopt standing orders to implement these provisions and to include a release order in all arrest warrants.
Committee Categories
Justice, Military Affairs and Security
Sponsors (4)
Last Action
Governor Signed (on 06/06/2017)
Official Document
bill text
bill summary
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bill summary
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bill summary
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