State legislatures consider and enact laws that address all aspects of pretrial policy, including citations, release eligibility, conditions of release, commercial bail bonding, victims’ rights and diversion. These legislative policies have an important role in providing fair, efficient and safe practices carried out by law enforcement and the courts.
Below is a synopsis of this state’s pretrial release laws as of March 2013 and any relevant legislative reports or audits. Recent enactments modifying these provisions can be found in NCSL’s pretrial enactments database.
Citation in Lieu of Arrest
Issuing a citation is not presumptive. However a citation can be issued for misdemeanors. Citations can be issued by law enforcement officers. (§ 19-3901)
Pretrial Release Eligibility
State constitution and statute provide a presumption of pretrial release. Pretrial release can be denied for capital offenses. (Const. art. 1 § 6; § 19-2902)
Pretrial Release Conditions
Law allows release on personal recognizance. Common conditions of release include: commercial surety, cash deposit, property bond and additional requirements. (§ 19-2904 & § 19-2905)
Bail Bond Agent Licensure
The Department of Insurance regulates bail agents. (§ 41-1037)
Bail Forfeiture Procedure
After notification of their client’s failure to appear, a bail agent has 180 days to produce the defendant or provide an adequate reason why the defendant did not appear. Statute addresses standards for remission process. (§ 19-2915; § 19-2918)
Victims’ Rights and Protections
Victims have the right to notification of pretrial release. (§ 19-5306(1)(j))
Mental health problem-solving courts are authorized diversion programs. (§ 19-5601 et. seq.)
Full text of statutes can be retrieved using NCSL’s State Legislatures Internet Links database or learn more about NCSL’s Criminal Justice Program.