HB17-1338: Municipal Court Bond Hold Notification and Hearing

Criminal Justice
Bill Number: HB17-1338
Year: 2017
ACLU Position: Active Support
Sponsors: J. Bridges (D)/ L. Liston (R) /D. Kagan/ (D) V. Marble (R)

Description:

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.


Current Status:

Governor Signed (06/06/2017)



Return to Search Menu