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 after arrest by peace officers and city or district attorneys. (§ 7-2-103)
Pretrial Release Eligibility
State constitution and statute provide a presumption of pretrial release. Pretrial release can be denied for capital offenses. (Const. art. 1 § 14; § 7-10-101)
Guidance for Setting Release Conditions
State statute provides a presumption of pretrial release on personal recognizance or unsecured appearance bond. Law requires the least restrictive conditions be imposed. (§ 7-10-102 authorizes R. Cr. P. 46.1(b), (c)(B))
Pretrial Release Conditions
Law allows release on personal recognizance or an unsecured appearance bond. Common conditions of release include: commercial surety bond, other secured bond, supervision and additional requirements. (§ 7-10-102 authorizes R. Cr. P., Rule 46.1)
Victims’ Rights and Protections
Victims have the right to notification of pretrial release. (§ 1-40-204(b)(iv))
Full text of statutes can be retrieved using NCSL’s State Legislatures Internet Links database or learn more about NCSL’s Criminal Justice Program.