AN ACT TO REQUIRE A JUDICIAL OFFICIAL TO RELEASE A DEFENDANT ON HIS OR HER WRITTEN PROMISE TO APPEAR IF CERTAIN CONDITIONS ARE MET.
Amends GS 15A-534 regarding the procedure for determining conditions of pretrial release. Adds to subsection (b) to require a judicial official to release a defendant upon the defendant's promise to appear, execution of an unsecured appearance bond, or placement in the custody of a designated person or organization agreeing to supervise the defendant, unless the official determines release will not reasonably assure the appearance of the defendant in the case in question or other cases involving the defendant (was, will not reasonably assure the appearance of the defendant as required), or the defendant has made threats to not return on the court date if released (previously not included), among other existing conditions that make other conditions of pretrial release (execution of an appearance bond or house arrest) proper. Adds a new requirement for a judicial official to release a defendant on the defendant's promise to appear if the defendant has not been charged with an offense that would be punishable as a Class A through G felony, the defendant has not failed to appear at any required court proceeding, and the official determines that none of the conditions set out in subsection (b) require imposition of other release conditions (execution of an appearance bond or house arrest). Makes further clarifying and technical changes. Applies to proceedings to determine pretrial release conditions on or after December 1, 2019.
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