17-6-12. Unsecured judicial release; requirement; effect of failure of person charged to appear for trial; consideration of criminal record.

As used in this Code section, the term:#

1. (1)

   “Bail restricted offense” means the person is charged with an offense of:#

   1. (A)

      Murder or felony murder, as defined in Code Section 16-5-1;#

   2. (B)

      Armed robbery, as defined in Code Section 16-8-41;#

   3. (C)

      Kidnapping, as defined in Code Section 16-5-40;#

   4. (D)

      Rape, as defined in Code Section 16-6-1;#

   5. (E)

      Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4;#

   6. (F)

      Aggravated sodomy, as defined in Code Section 16-6-2;#

   7. (G)

      Aggravated sexual battery, as defined in Code Section 16-6-22.2;#

   8. (H)

      Aggravated assault;#

   9. (I)

      Aggravated battery;#

   10. (J)

       Hijacking a motor vehicle in the first degree;#

   11. (K)

       Aggravated stalking;#

   12. (L)

       Child molestation;#

   13. (M)

       Enticing a child for indecent purposes;#

   14. (N)

       Pimping;#

   15. (O)

       Robbery;#

   16. (P)

       Burglary;#

   17. (Q)

       Bail jumping;#

   18. (R)

       Escape;#

   19. (S)

       Possession of a firearm or knife during the commission of or attempt to commit certain crimes;#

   20. (T)

       Possession of firearms by convicted felons and first offender probationers;#

   21. (U)

       Trafficking of substances in violation of Code Section 16-13-31;#

   22. (V)

       Participating in criminal gang activity as defined in Code Section 16-15-3;#

   23. (W)

       Habitual violator;#

   24. (X)

       Driving under the influence of alcohol, drugs, or other intoxicating substances;#

   25. (Y)

       Entering an automobile or other mobile vehicle with intent to commit theft or felony, as defined in Code Section 16-8-18;#

   26. (Z)

       Stalking;#

   27. (AA)

       Crimes involving family violence, as defined in Code Section 19-13-1;#

   28. (BB)

       Reckless stunt driving, as described in Code Section 40-6-390.1, provided that such offense is the person’s second or subsequent offense;#

   29. (CC)

       Promoting or organizing an exhibition of drag races or laying drags, as described in Code Section 16-11-43.1;#

   30. (DD)

       Laying drags, as defined in Code Section 40-6-251;#

   31. (EE)

       Reckless driving, as described in Code Section 40-6-390, provided that such offense is the person’s second or subsequent offense;#

   32. (FF)

       Fleeing or attempting to elude a police officer, as described in Code Section 40-6-395;#

   33. (GG)

       Obstruction of a law enforcement officer, as described in Code Section 16-10-24;#

   34. (HH)

       Criminal trespass, as described in Code Section 16-7-21, provided that such offense is the person’s second or subsequent offense;#

   35. (II)

       Theft by taking, as described in Code Section 16-8-2, provided that such offense is the person’s second or subsequent offense;#

   36. (JJ)

       Theft by deception, as described in Code Section 16-8-3;#

   37. (KK)

       Theft by extortion, as described in Code Section 16-8-16;#

   38. (LL)

       Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest, as described in Code Section 16-9-51;#

   39. (MM)

       Bribery, as described in Code Section 16-10-2;#

   40. (NN)

       Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana, as described in Code Section 16-13-30;#

   41. (OO)

       Forgery, as described in Code Section 16-9-1;#

   42. (PP)

       Exploitation and intimidation of disabled adults, elder persons, and residents or obstruction of an investigation, as described in Code Section 16-5-102;#

   43. (QQ)

       Battery, as described in Code Section 16-5-23.1;#

   44. (RR)

       Voluntary manslaughter, as described in Code Section 16-5-2;#

   45. (SS)

       Cruelty to animals, as described in Code Section 16-12-4;#

   46. (TT)

       Violation of oath by a public officer, as described in Code Section 16-10-1;#

   47. (UU)

       Financial transaction card fraud, as described in Code Section 16-9-33;#

   48. (VV)

       Financial transaction card theft, as described in Code Section 16-9-31;#

   49. (WW)

       Identity fraud, as described in Code Section 16-9-121;#

   50. (XX)

       Racketeering and conspiracy, as described in Code Section 16-14-4;#

   51. (YY)

       Trafficking of persons for labor or sexual servitude, as described in Code Section 16-5-46;#

   52. (ZZ)

       Failure to appear, as described in Code Section 40-13-63, provided that such offense is the person’s second or subsequent offense;#

   53. (AAA)

       Domestic terrorism, as described in Code Section 16-11-221;#

   54. (BBB)

       Riot, as described in Code Section 16-11-30;#

   55. (CCC)

       Inciting to riot, as described in Code Section 16-11-31;#

   56. (DDD)

       Unlawful assembly, as described in Code Section 16-11-33; or#

   57. (EEE)

       Possession of tools for commission of a crime, as described in Code Section 16-7-20.#

2. (2)

   “Unsecured judicial release” means any release that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed and that is:#

   1. (A)

      On a person’s own recognizance; or#

   2. (B)

      For the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27.#

1. (1)

   An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge sitting by designation may issue an unsecured judicial release under subparagraph (a)(2)(A) of this Code section if:#

   1. (A)

      Such unsecured judicial release is noted on the release order;#

   2. (B)

      The person is not charged with a bail restricted offense;#

   3. (C)

      The person has not been convicted of bail jumping as provided in Code Section 16-10-51 within the past five years; and#

   4. (D)

      No bench warrant has been issued for the person’s arrest based on such person’s failure to appear in court within the past five years; provided, however, that this subparagraph shall not apply if such warrant was recalled or issued on the basis of such person’s failure to appear for a nonserious traffic offense, as such term is defined in Code Section 35-3-37.#

2. (2)

   A person who is ineligible for unsecured judicial release pursuant to subparagraph (C) or (D) of paragraph (1) of this subsection may contest his or her ineligibility on the basis that his or her criminal history record information is inaccurate, incomplete, or misleading. In such instance, the prosecuting attorney shall bear the burden of establishing such person’s ineligibility.#

An elected judge, an appointed judge, or a judge sitting by designation may issue an unsecured judicial release under subparagraph (a)(2)(B) of this Code section if such unsecured judicial release is noted on the release order.#

No person charged with a bail restricted offense shall be eligible for release by any judge on an unsecured judicial release. Such persons charged with a bail restricted offense shall only be eligible for release through the use of secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50, or property as approved by the sheriff in the county where the offense was committed. Except as provided in subsections (b) and (c) of this Code section and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release only unless such person is charged with a bail restricted offense.#

Upon the failure of a person released on an unsecured judicial release to appear for trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds.#

Prior to issuing an unsecured judicial release, a judge shall, in addition to the considerations provided for in Code Section 17-6-1, consider the accused person’s criminal history record information that is available at such time.#

Notwithstanding other laws regarding the release of an accused person, no person sentenced pursuant to subsection (b) or (c) of Code Section 17-10-7 shall be eligible for release by any judge on an unsecured judicial release. Such person shall only be eligible for release through the use of secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50, or property as approved by the sheriff in the county where the offense was committed.#