TITLE TWO — PRELIMINARY PROCEEDINGS
Rule 7.1. Conditions of Release; Pre-Trial Detention; No Bond Hearings
No Bond Hearings.
No bond hearing shall take place anywhere in the State of Ridgeway. No Supreme Court Justice, Superior Court Judge, or magistrate judge shall conduct one, and no such judicial officer shall levy any citation or collection against a defendant to collect bond for pre-detention release, as required by 6 R. Stat. § 131.205.
No motion, application, or stipulation for bail, bond, surety, cash deposit, or any other securitized pre-trial release shall be entertained by any court of this State. A filing so denominated shall be rejected by the clerk, and a request so made in the proceeding communications shall be denied upon the record without hearing.
No condition of release imposed under this rule shall require the payment or deposit of money, the pledge of property, or the undertaking of a surety.
Pre-Trial Detention.
A person arrested subsequent to a criminal information or an indictment shall be held for the period coinciding with the sentencing timer applied subsequent to an arrestable incident for the same offense, as provided by 6 R. Stat. § 131.203.
Such a person shall be booked and delivered to a Department of Corrections facility and held within the custody of the Department of Corrections until the pre-trial detention period expires, as provided by 6 R. Stat. § 131.202.
A defendant may be held repeatedly in such a sentencing timer where the defendant fails to appear before the court, and only where the court has issued a warrant for the defendant’s re-arrest.
No judicial officer shall extend the detention timer, and no judicial officer shall order detention for a period exceeding that fixed by paragraph (a) of this subdivision.
Detention Pending the Filing of Charges. A person held following a first appearance while the State files charges is held under 6 R. Stat. § 131.204(b)(a)(1) and Rule 7.2(2), for a period not exceeding fifteen (15) minutes, and not under this subdivision. Upon the filing of charges the period fixed by paragraph (a) of this subdivision begins; where charges are not filed within the fifteen (15) minutes, the person shall be released as Rule 7.2(2)(b) requires.
Computation. The period of pre-trial detention runs continuously from booking, in Coordinated Universal Time, without regard to court days, holidays, or hours of court business. The electronic filing system computes no such period. The Department of Corrections and the court shall each record the time of booking and the time of release, and either party may raise a deviation by motion.
Release Upon Expiration. Upon the expiration of the period fixed by subdivision (2), the defendant shall be released. Release does not terminate the prosecution, does not affect the accusatory instrument, and does not relieve the defendant of the obligation to appear as ordered. Upon release the court shall cause the presence warning prescribed by Rule 18.1 to be given, and the clerk shall enter it upon the docket.
Conditions of Release. At arraignment, and at any later stage upon motion or on its own initiative, the court may impose upon a defendant not in custody any one or more of the following conditions, and no others:
a written promise, entered upon the record, to appear at every proceeding in the matter as ordered, and to answer to the offense charged, which shall recite the presence warning prescribed by Rule 18.1 and shall be acknowledged by the defendant;
a requirement that the defendant remain a participant in the proceeding communications, respond to the court there, and report any change of username to the clerk within twenty-four (24) hours;
a requirement that the defendant not renounce residency in the State of Ridgeway and not leave the State while the matter is pending;
an order that the defendant have no contact with a named victim or witness, whether in-game, in the proceeding communications, or by direct message;
an order that the defendant remain away from a named place or in-game location;
an order that the defendant not possess a firearm or other deadly weapon while the matter is pending;
an order that the defendant report to a named officer or agency at stated intervals;
an order that the defendant refrain from conduct of a kind charged in the accusatory instrument; and
any further condition reasonably necessary to secure the defendant’s appearance or the safety of a victim or witness, which does not require the payment of money and which the court, an officer, or the Department of Corrections is able to enforce in fact.
Least Restrictive Condition. The court shall impose the least restrictive condition or combination of conditions sufficient to secure the defendant’s appearance and the safety of victims and witnesses. The court shall state its conditions upon the record and shall enter them in a written order.
Review; Modification. Either party may move at any time to impose, modify, or remove a condition. The court shall hear the motion promptly. A motion under this subdivision is not a bond hearing and shall not address any monetary term.
Violation of a Condition.
Upon a motion of the State alleging a violation, supported by affidavit, the court shall hold a hearing at which the defendant may be heard and may be represented by counsel.
Upon finding a violation by a preponderance of the evidence, the court may impose further conditions, may issue a warrant for the defendant’s re-arrest under 6 R. Stat. § 131.203, and may punish the violation as a contempt under Rule 43.
The court shall not impose any monetary sanction, forfeiture, or collection for the violation of a condition of release.
Detention Record on Acquittal. Where a person held in pre-trial detention is found not guilty of the offense, that person is entitled to an expungement of the pre-trial detention record, as provided by 6 R. Stat. § 131.202(a), and may proceed under Title Five.
Credit for Time Served. Credit for time served upon a sentence is governed by Rule 28 and 6 R. Stat. § 131.311. Nothing in this rule confers or limits such credit.
Access to Counsel While Detained. No policy or regulation of the Department of Corrections shall prohibit an attorney admitted to the practice of law in the State of Ridgeway from visiting a jail or penitentiary to meet with a defendant absent good cause, as provided by 6 R. Stat. § 132.105. The State Public Defender may visit the facilities of the Department of Corrections at pleasure, as provided by 6 R. Stat. § 132.104.