Errors and Emergencies
Magistrates are not authorized to modify pretrial release orders or recommendations of judges of the Superior Court, except after consultation with the issuing Judge.
Magistrates are not authorized to modify pretrial release orders or recommendations of District Court judges except under limited circumstances set forth below.
Magistrates are authorized to modify pretrial release orders of District Court judges in their said counties in misdemeanor cases involving process for service only after consultation with and pursuant to the direction of the said District Court judge. Magistrates exercising such authority to modify a District Court judge's pretrial release order will staple an attachment to the process setting out the reasons for the action along with the date and their signature.
If, at any time subsequent to release of a defendant in accordance with a magistrate's pretrial release order, it should appear to any magistrate that the defendant is going to violate the conditions of release or abscond, such magistrate may issue an Order for Arrest under G. S. 15A-305(5) and make such new pretrial release order as may be appropriate.
Under 15A-534.3, if a judicial official conducting an initial appearance or first appearance determines that the Defendant has a communicable disease transmissible by nonsexual conduct such as, but not limited to. Hepatitis B or AIDS, then the judicial official shall order the Defendant detained for a reasonable period not to exceed 24 hours to allow investigation by public health officials and testing if they so require.
Under G.S.15A-534.5, if a judicial official conducting an initial appearance finds by clear and convincing evidence that a person arrested for violation of an order limiting freedom of movement or access issued pursuant to G.S. 130A-475 or G.S. 130A-145 poses a threat to the health and safety of others, the judicial official shall deny pretrial release and shall order the person to be confined in an area or facility designated by the judicial official. Such pretrial confinement shall terminate when a judicial official determines that the confined person does not pose a threat to the health and safety of others. These determinations shall be made only after the State Health Director or local health director has made recommendations to the court.
The magistrate on duty or other Judicial Official setting conditions of release will be mindful of the jail capacity and the number of persons being detained therein, and shall make such adjustment in bond requirements as shall be necessary, including use of unsecured bonds, to avoid overcrowding, public health reasons, or other emergent situations.
In this connection, the magistrate will begin bond reductions with the lesser offenses, but the magistrate may not make a reduction in a bond previously set by a judge except as authorized under this section. This procedure should be executed with care.