Administrative Rule 63 - UNIFORM BAIL SCHEDULE

Section 1. Purpose. This rule is to comply with section 29-08-03.1, N.D.C.C., requiring the Supreme Court to establish a Uniform Bail Schedule. It is not the purpose of this rule to restrict a judicial officer’s discretion in the individualized and particularized determination of the appropriate conditions of release for a defendant, including the requirement of secured or unsecured appearance bond, by a judicial officer upon a defendant’s appearance in Court. As such, this rule applies only to that period from the initial detention of a defendant until that defendant can be seen by a judicial officer.

Section 2. Scope of Authority of Pre-Appearance Release Determinations by the Courts. This rule recognizes and acknowledges that the initial determination whether to arrest and hold a person alleged to have committed a crime until that person can be seen by a judicial officer, or whether that person is cited and released, is made by law enforcement and correctional facilities. As such, this rule is suggestive only and is not binding upon law enforcement and correctional facilities.

Section 3. In General. The following general elements apply to release:

(a) That any person being held who has an active warrant on which a judicial officer has already ordered conditions of release, including a secured appearance bond, may be held until those conditions are met or the person can be seen by a judicial officer.

(b) That any person being held who has any active warrant for non-appearance may be held until the person can be seen by a judicial officer.

(c) That any person being held for an alleged violation of an offense that would be a Class AA, A, B, or C Felony may be held until the person can be seen by a judicial officer.

(d) That any person being held for an alleged offense that would be a misdemeanor, which misdemeanor involves an allegation of sexual misconduct, abuse, neglect, bodily injury or the threat thereof, domestic violence, violation of a protection order, fleeing or refusal to halt, or preventing arrest may be held until that person can be seen by a judicial officer.

(e) That any person not the subject of a warrant under paragraphs a or b of this section and not being held for any other alleged offense other as described in paragraphs c and d of this section may be released upon a promise to appear.

(f) That any person released upon bond should be given a date and time for their initial appearance in front of a judicial officer.

(g) That any person detained in custody and not released upon bond should be brought before a judicial officer as soon as is reasonably possible for initial appearance, with every effort made for the appearance to be within 48 hours of arrest.