77-20-207. Modification of pretrial status order -- Failure to appear.

501 words·~2 min read·/ut/title-77/chapter-20/77-20-207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)A party may move to modify a pretrial status order:

(a)at any time after a pretrial status order is issued; and

(b)only upon a showing that there has been a material change in circumstances.

(a)Notwithstanding Subsection

(1), a defendant may move to modify a pretrial status order if:

(i)the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and

(ii)the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.

(b)For a motion under Subsection (2)(a) , there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.

(a)If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.

(b)A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.

(4)In ruling upon a motion to modify a pretrial status order, the judge may:

(a)rely on information as provided in Subsection 77-20-205(8) ;

(b)base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and

(i)for a motion to modify a pretrial status order under Subsection

(1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or

(ii)for a motion to modify a pretrial status order under Subsection

(2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.

(5)In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when:

(a)the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;

(b)the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and

(c)a bench warrant was issued.

(6)A court may not modify a pretrial status order to a no bail hold solely on the basis of a failure to appear.

(7)Subsections 77-20-205(3) through

(11)apply to a determination about pretrial release in a modified pretrial status order.

Amended by Chapter 526 , 2025 General Session