§ 99-5-37. Domestic violence, aggravated domestic violence, aggravated stalking, knowing violation of bond or knowing violation of domestic abuse protection order; required appearance before judge; considerations; conditions.
471 words·~2 min read·
/ms/title-99-criminal-procedure/chapter-5-bail/99-5-37·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any arrest for
(a)a misdemeanor that is an act of domestic violence as defined in Section 99-3-7(5);
(b)aggravated domestic violence as defined in Section 97-3-7(4);
(c)aggravated stalking as defined in Section 97-3-107(2);
(d)a knowing violation of a condition of bond imposed pursuant to this section; or
(e)a knowing violation of a domestic abuse protection order issued pursuant to Section 93-21-1 et seq., or a similar order issued by a foreign court of competent jurisdiction for the purpose of protecting a person from domestic abuse, no bail shall be granted until the person arrested has appeared before a judge of the court of competent jurisdiction. The appearance may be by telephone. Nothing in this section shall be construed to interfere with the defendant’s right to an initial appearance or preliminary hearing.
Upon setting bail, the judge may impose on the arrested person a holding period not to exceed twenty-four
(24)hours from the time of the initial appearance or setting of bail. The judge also shall give particular consideration to the exigencies of the case, including, but not limited to,
(a)the potential for further violence;
(b)the past history, if any, of violence between the defendant and alleged victim;
(c)the level of violence of the instant offense;
(d)any threats of further violence; and
(e)the existence of a domestic violence protection order prohibiting the defendant from engaging in abusive behavior, and shall impose any specific conditions on the bond as he or she may deem necessary. Specific conditions which may be imposed by the judge may include, but are not limited to, the issuance of an order prohibiting the defendant from contacting the alleged victim prior to trial, prohibiting the defendant from abusing or threatening the alleged victim or requiring defendant to refrain from drug or alcohol use.
All bond conditions imposed by the court shall be entered into the corresponding Uniform Offense Report and written notice of the conditions shall be provided at no cost to the arrested person upon his or her release, to the appropriate law enforcement agency, and to the clerk of the court. Upon request, a copy of the written notice of conditions shall be provided at no cost to the victim. In any prosecution for violation of a bond condition imposed pursuant to this section, it shall not be a defense that the bond conditions were not entered into the corresponding Uniform Offense Report.
Within twenty-four
(24)hours of a violation of any bond conditions imposed pursuant to this section, any law enforcement officer having probable cause to believe that the violation occurred may make a warrantless arrest of the violator.
Nothing in this section shall be construed to interfere with the judges’ authority, if any, to deny bail or to otherwise lawfully detain a particular defendant.