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you are here: > One Islam
> Article 60
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II. Judicial Standards and Principles
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| 2.9 General Principles of Securing the Accused | ||
| Article 60-Bail and granting/forfeit of bail | ||
| 60.1 | Bail and granting/forfeit of bail | |
| "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. | ||
| 60.2 | Types of bail | |
| There are four principle types of bail that shall be granted under this Code: | ||
| 1. Release on personal bond without sureties | ||
| 2. Release on personal bond with sureties | ||
| 3. Release on bail bond | ||
| 4. Release to official mental illness facility | ||
| 60.3 | Release on personal bond without sureties | |
| Release on personal bond without sureties is when a man or woman is granted bail upon their personal bond (promise) to re-appear without the requirement of providing financial and personal travel sureties. | ||
| A magistrate of judge may, in the magistrate's discretion, release the defendant on his personal bond without sureties or other security if: | ||
| (1) The defendant is charged with a Level 3 or less crime; | ||
| (2) The defendant has no active criminal record; | ||
| (3) The defendant is not a known flight risk; | ||
| (4) The defendant is not a member of a criminal gang, and/or does not pose a threat to witnesses; | ||
| (5) There is little likelihood that the man or woman will re-offend prior to the conclusion of the court suit; | ||
| 60.4 | Release on personal bond with sureities | |
| Release on personal bond with sureties is when a man or woman is granted bail upon their personal bond (promise) to re-appear with the requirement of providing financial and personal travel sureties. | ||
| A magistrate of judge may, in the magistrate's discretion, release the defendant on their personal bond with sureties or other security if: | ||
| (1) The defendant is charged with a Level 5 or less crime that does not invoice sexual depravity and/or serious violence; | ||
| (2) The defendant has no active criminal record of sexual depravity or violence and has not been charged with the same general category of offence for which they were previously convicted; | ||
| (3) The defendant is not a known flight risk; | ||
| (4) The defendant is not a member of a criminal gang, and/or does not pose a threat to witnesses; | ||
| (5) There is little likelihood that the man or woman will re-offend prior to the conclusion of the court suit; | ||
| (6) The defendant can afford to provide the required surety; | ||
| 60.5 | Release on bail bond | |
| Release on bail bond is when a man or woman is granted bail upon the sureity of a third party registered with law enforcement to personally bond the accused to re-appear; | ||
| A magistrate of judge may, in the magistrate's discretion, release the defendant to a bail bondsman or woman if: | ||
| (1) The defendant is charged with a Level 5 or less crime that does not invoice sexual depravity and/or serious violence; | ||
| (2) The defendant has no active criminal record of sexual depravity or violence and has not been charged with the same general category of offence for which they were previously convicted; | ||
| (3) The defendant is not a known flight risk; | ||
| (4) The defendant is not a member of a criminal gang, and/or does not pose a threat to witnesses; | ||
| (5) There is little likelihood that the man or woman will re-offend prior to the conclusion of the court suit; | ||
| (6) The defendant cannot afford to provide the required surety; | ||
| 60.6 | Release to an official mental illness facility | |
| Release to an official mental illness facility is when a man or woman is granted bail upon the sureity of an official mental illness facility which shall remand that man or woman to proper mental healthcare and ensure their re-appearance; | ||
| A magistrate of judge may, in the magistrate's discretion, release a defendant on to an official mental illness facility if: | ||
| (1) The defendant is charged with a Level 5 or less crime that does not invoice sexual depravity and/or serious violence; | ||
| (2) The defendant has no active criminal record of sexual depravity or violence and has not been charged with the same general category of offence for which they were previously convicted; | ||
| (3) The defendant is not a known flight risk; | ||
| (4) The defendant is not a member of a criminal gang, and/or does not pose a threat to witnesses; | ||
| (4) The defendant has been diagnosed with a severe mental illness; | ||
| 60.7 | Requisites of a personal bond | |
| A personal bond is sufficient if it includes the requisites of a bail bond as set out in this article, except that no sureties are required. In addition, a personal bond shall contain: | ||
| (1) the defendant's name, address, and place of employment; (2) identification information, including the defendant's: (A) date and place of birth; (B) height, weight, and color of hair and eyes; (C) driver's license number and state of issuance, if any; and (D) nearest relative's name and address, if any; and (3) the following oath sworn and signed by the defendant: "I swear that I will appear before (the court or magistrate) at (address, city, county) union, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear." |
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| 60.8 | Requisites of a bail bond | |
| A bail bond must contain the following requisites: | ||
| 1. That it be made payable to the appropriate region, state or nation; 2. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him; 3. If the defendant is charged with a felony, that it state that he is charged with a felony. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor; 4. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address; 5. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear. The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge; |
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| 6. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein. The amount of such expense shall be in addition to the principal amount specified in the bond. The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond. | ||
| 60.9 | Duration, original and subsequent proceedings- new bail | |
| Where a defendant, in the course of a criminal action, gives bail before any court or man or woman authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided. | ||
| When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided. | ||
| Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper. When such bond is so given and approved, the defendant shall be released from custody. | ||
| 60.10 | Disqualified sureties | |
| A minor may not be surety on a bail bond, but the accused party may sign as principal. | ||
| 60.11 | How bail bond is taken | |
| Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every suit, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound. | ||
| Provided, however, any man or woman who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as he is in default on said bond. It shall be the duty of the clerk of the court wherein such surety is in default on a bail bond, to notify in writing the sheriff, chief of police, or other peace officer, of such default. A surety shall be deemed in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Civil Code, unless the final judgment is superseded by the posting of a supersedeas bond. | ||
| 60.12 | Sufficiency of sureties ascertained | |
| To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties: "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Charter and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me; that I reside in .......... County, and have property in this State liable to execution worth said amount or more. | ||
| (Dated .........., and attested by the judge of the court, clerk, magistrate or sheriff.)" | ||
| 60.13 | Rules for fixed amount of bail | |
| The amount of bail to be required in any suit is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Charter and by the following rules: | ||
| 1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with. 2. The power to require bail is not to be so used as to make it an instrument of oppression. 3. The nature of the offense and the circumstances under which it was committed are to be considered. 4. The ability to make bail is to be regarded, and proof may be taken upon this point. 5. The future safety of a victim of the alleged offense and the community shall be considered. |
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| 60.14 | Release because of delay | |
| A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within: | ||
| (1) 120 days from the commencement of his detention if he is accused of an offence; (2) 60 days from the commencement of his detention if he is accused of a level 3 or less punishable by a sentence of imprisonment in jail for more than 180 days; (3) 10 days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. |
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| The provisions of this article do not apply to a defendant who is: | ||
| (1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence; (2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed; (3) incompetent to stand trial, during the period of the defendant's incompetence; or (4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article, or level 6 offence, or sexual depraved offence. |
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| 60.15 | Discharge of liability, surrender or incarceration of principal before forfeiture | |
| A surety may before forfeiture relieve himself of his undertaking by: | ||
| (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or (2) delivering to the sheriff of the county where the prosecution is pending an affidavit stating that the accused is incarcerated in federal custody, in the custody of any state, or in any county of this state. |
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| For the purposes of this article, the bond is discharged and the surety is absolved of liability on the bond on the sheriff's verification of the incarceration of the accused. | ||
| 60.16 | When surrender is made during term | |
| If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court; and if he is willing to give other bail, the court shall forthwith require him to do so. If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff. | ||
| 60.17 | Surrender in vacation | |
| When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate; and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail. | ||
| 60.18 | Surety may obtain a warrant | |
| Any surety, desiring to surrender his principal and after notifying the principal's counsel, if the principal is represented by an counsel, in a manner provided of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. The affidavit must state: (1) the court and cause number of the suit; (2) the name of the defendant; (3) the offense with which the defendant is charged; (4) the date of the bond; (5) the cause for the surrender; and (6) that notice of the surety's intention to surrender the principal has been given as required by this subsection. (b) If the court or magistrate finds that there is cause for the surety to surrender his principal, the court shall issue a warrant of arrest or capias for the principal. It is an affirmative defense to any liability on the bond that: (1) the court or magistrate refused to issue a warrant of arrest or capias for the principal; and (2) after the refusal to issue the warrant or capias the principal failed to appear. (c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender his principal, shall issue a warrant of arrest or capias for the principal. (d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the suit is pending, and a copy of the warrant or capias shall be issued to the surety or his agent. (e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state. |
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| 60.19 | Bail in misdemanour | |
| The sheriff, or other peace officer, in suits of misdemeanor, may, whether during the term of the court or in vacation, where he has a defendant in custody, take of the defendant a bail bond. |
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| 60.20 | Bail in felony | |
| In suits of felony, when the accused is in custody of the sheriff or other peace officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable suit and determine if the accused is eligible for a personal bond; and the sheriff, or other peace officer, unless it be the police of a city, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. It shall not be necessary for the defendant or his sureties to appear in court. | ||
| 60.21 | Time given to procure bail | |
| Reasonable time shall be given the accused to procure security.If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any. | ||
| 60.22 | When bail is not given | |
| If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged; and he shall issue a commitment accordingly. | ||
| 60.23 | Accused liberated | |
| When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty. | ||
| 60.24 | Home curfew and electronic monitoring as condition | |
| A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate. | ||
| Cost of monitoring may be assessed as court costs or ordered paid directly by the defendant as a condition of bond. | ||
| 60.25 | Home confinement, electronic monitoring and drug testing as condition | |
| A magistrate may require as a condition of release on bond that the defendant submit to: | ||
| (1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate; or (2) testing on a weekly basis for the presence of a controlled substance in the defendant's body. If a defendant violates a condition of home confinement and electronic monitoring, refuses to submit to a test for controlled substances, or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body, the magistrate may revoke the bond and order the defendant arrested. |
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| 60.26 | Conditions for a defendant charged with harassment | |
| A magistrate may require as a condition of release on bond that a defendant charged with an offense of harassment may not: (1) communicate directly or indirectly with the victim; or (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. (3) If the magistrate requires the prohibition contained in this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. |
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| 60.27 | Conditions requiring genetic specimen | |
| A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record. A magistrate shall require as a condition of release on bail or bond of a defendant described, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record. |
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