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 except for a violation of a protection order for domestic violence. Citations can be issued at any time during the arrest process by peace officers. (§ 29-422)
Pretrial Release Eligibility
State constitution provides a presumption of pretrial release. Pretrial release can be denied for murder, treason, and sexual offenses involving penetration by force. (Const. art. 1 § 9)
Guidance for Setting Release Conditions
State statute provides a presumption of pretrial release on personal recognizance. Law requires courts to impose conditions as enumerated in § 29-901. (§ 29-901)
Pretrial Release Conditions
Law allows release on personal recognizance. Common conditions of release include: commercial surety, cash deposit, property bond, supervision and additional requirements. (§ 29-901; § 29-903)
When a defendant is unable to meet the pretrial release conditions, a judicial review is required after 24 hours in custody. (§ 29-901.3)
Bail Forfeiture Procedure
Statute addresses standards for remission procedure. (§ 29-1109)
Victims’ Rights and Protections
Victims have the right to notification of pretrial release. Pretrial release hearings are required for a violation of a protection or restraining order. (§ 81-1848; § 42-929)
Counties are authorized to establish diversion programs. (§ 29-3601 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.