Capital Offenses and Habitual Felonies
A magistrate does not have authority to grant pretrial release to any defendant charged with a capital offense.
A District Court judge or a Superior Court judge may fix bail in all eligible cases.
Charging an individual as a Habitual Felon changes the punishment level for the underlying felony by enhancing the underlying felony four classes for sentencing purposes, but not to exceed a Class C Felony, as follows:
For underlying felony offenses Class I to a Class E,
For underlying felony offenses Class H to a Class D, and
For all other underlying felony offenses Class G through Class D to Class C.
However, being a Habitual Felon is a status and not a separate offense. This is true even though the Habitual Felon charge is contained in a separate warrant or indictment.
Therefore, persons charged as a Habitual Felon should be placed under release conditions appropriate for the underlying charge. Judicial Officials should not impose other than nominal additional release conditions, such as a WP per the standing Administrative Order, upon an individual being charged as a Habitual Felon. If the judicial official believes the conditions of release need to be modified, the appropriate modification should be to the release order for the underlying offense.