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CHAPTER 23A-43

BAIL

23A-43-1      (Rule 46(a)) Reserved.
23A-43-2      Release of defendant on personal recognizance or unsecured bond--Exceptions.
23A-43-2.1      Defendants charged with offense punishable by death.
23A-43-3      Additional conditions of release imposed when necessary to assure appearance for trial.
23A-43-3.1      Report of noncompliance with mental health treatment.
23A-43-3.2      Rules regarding noncompliance with mental health treatment.
23A-43-4      Factors considered in determining conditions of release to be imposed.
23A-43-4.1, 23A-43-4.2.      Transferred.
23A-43-5      (Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions.
23A-43-6      Order stating conditions of release--Advice to defendant as to results of violation.
23A-43-7      Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions.
23A-43-8      Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions.
23A-43-9      Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement.
23A-43-10      Review by another magistrate when committing magistrate unavailable.
23A-43-11      Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction.
23A-43-12      Information considered in bail proceedings need not conform to rules of evidence.
23A-43-13      Disposition of cases by forfeiture of collateral not prohibited.
23A-43-14      Motion for amendment by circuit judge of conditions of release.
23A-43-15      Appeal to Supreme Court for amendment of conditions of release--Disposition by court.
23A-43-16      Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.
23A-43-17      (Rule 46(c)) Burden of proof as to risk of flight or danger.
23A-43-18      Conditions of release imposed on material witness--Release after deposition taken.
23A-43-19      Order for commitment or better security from person about to abscond--Order of arrest.
23A-43-20      (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.
23A-43-21      (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.
23A-43-22      (Rule 46(e)(2)) Setting aside forfeiture of bail.
23A-43-23      (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.
23A-43-24      (Rule 46(e)(4)) Remission of bond after entry of judgment.
23A-43-25      Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.


23A-43-25.1      Reinstated bond or undertaking paid to officer with whom originally deposited.
23A-43-26      (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.
23A-43-27      Exoneration of bail on commitment under sentence.
23A-43-28      Exoneration of bail on commitment as mentally ill.
23A-43-29      Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.
23A-43-30      (Rule 46(g)) Court supervision to eliminate unnecessary detention.
23A-43-31      Failure to appear after release as forfeiture of security--Felony or misdemeanor.
23A-43-32      Contempt powers of courts unimpaired.


Back to Title 23A