Guidelines for Selecting Form of Pretrial ReleaseA. A Judicial Official should not, except under extraordinary circumstances, grant pretrial release by personal recognizance, unsecured bond or custodial release to any person who is not a resident of North Carolina.B. A Judicial Official may, but is not required to, accept the defendant's oral and unconfirmed answers to the eleven release criteria on misdemeanor charges.C. A Judicial Official should not grant pretrial release by personal recognizance, unsecured bond, or custodial release to any person charged with a felony except upon careful review of the nature of the charge pursuant to 15A-533 as amended effective October 1,2023, whether the person was on pretrial release as out lined in 15A-533, the facts supporting the charge, the totality of the circumstances, the eleven factors set forth in 15A-534(c) and upon the Judicial Official determining in their discretion, as may be allowed by statute or case law, that such should be done to meet due process considerations, or in their discretion they determine that the interests of justice so require, to the extent discretion is allowed. Effective October 1,2023, for cases listed in 15A-533(b) the ONLY judicial official who may set bond is a judge, except as authorized by G.S. 15A-601(e). 15A-601 (e) provides that if a district court judge is not available within 72 hours, the Clerk of the Superior Court may conduct a first appearance at which the Clerk shall proceed as a district court judge would and have the same authority a district court judge would have at a first appearance. If the courthouse is closed for longer than 72 hours form the time the defendant is taken into custody, then the first appearance is to be held within 96 hours. If the Clerk is not available, then a magistrate shall proceed in the same fashion as the Clerk would have, acting with the same authority as a district court judge would have. Note the statute specifies "the Clerk", not a deputy or assistant or designee.D. A Judicial Official should not, except under exceptional circumstances, grant pretrial release by written promise to appear, unsecured bond, or custodial release to any defendant who has already failed to appear in court and is then in custody by a warrant for failure to appear on citation or an Order for Arrest.E. A magistrate should not grant pretrial release contrary to the order of any judge except as authorized below under Section XIII, Errors and Emergencies.F. A Judicial Official should not grant pretrial release by written promise to appear or unsecured bond to any defendant who is intoxicated or in a highly emotional condition. However, for persons charged with local ordinances or Class III misdemeanors, a pretrial release should be reviewed by a Judicial Official once the person is sober.G. A Judicial Official should be mindful of the Victim's Rights requirements with respect to conducting bond hearings.Amendment effective October 1, 2023 to comply with the provisions of The Pretrial Integrity Act regarding persons on pretrial release who commit offenses on or after 10/1/23:
A Judicial Official must take into account the Pretrial Integrity Act and must set conditions of pretrial release, if authorized, in accordance with the provisions and restrictions set forth in G.S. 15A-533.
1. 15A-533(h) If a defendant is arrested for a new offense allegedly committed while the defendant was on pretrial release for another pending proceeding, the judicial official who determines the conditions of pretrial release for the new offense shall be a judge.2. Notwithstanding the provisions of 15A-533(h), a magistrate may set the conditions of pretrial release at any time if the new offense is a violation of Chapter 20 of the General Statutes, other than a violation of G.S. 20-138.1, 20-138.2, 20-138.2A, 20-138.2B, 20-138.5, or 20-141.4.3. A defendant may be retained in custody pursuant to this subsection (15A-533(h) regarding offenses committed while on pretrial release) not more than 48 hours from the time of arrest without a judge making a determination of conditions of pretrial release. If a judge has not acted pursuant to this subsection within that time, the magistrate shall set conditions of pretrial release in accordance with G.S. 15A-534. A magistrate may therefore not set bond for individuals charged with a new crime (excepting Chapter 20 violations other than those listed above in section H.2. herein) while the individual was on pretrial release unless more than 48 hours have passed since the person was arrested and circumstances prevented the person from being brought before a judge to set bond.
This is similar to the domestic violence procedure as found in G.S. 15A-534.1 and other statutes restricting pretrial release for the first 48 hours of custody to determination by a judge.
Likewise, where possible, such persons must be set a court date before a judge at the earliest court session following their arrest and processing,
HRecommendation on Orders Judicial Officials in this district will observe the following procedures:
1. Transmittal forms from all judges containing the word, "recommendations", will be treated as orders unless the judge clearly indicates a different purpose.2. Transmittal forms from other magistrates and from Superior Court clerks will be viewed as recommendations only, to be given due weight, but subject to a different form of release or a different amount of bond if the receiving Judicial Official's information about the defendant on the release criteria clearly indicates a form of a release or amount of bond that differs from the transmittal form.3. Any Judicial Official, in transmitting warrants out-of-county for service, will avoid making any recommendations as to conditions of release unless:(a) The Judicial Official expects the defendant to be arrested in a county where he is not known, or(b) the said Judicial Official's prior knowledge of the defendant's record and standing as to the eleven release criteria is sufficient to justify a recommendation, or(c) experience with the release practices of a particular county has been found to be unsatisfactory if recommendations or orders are not given.Adopted September 25, 2023, effective 10/1/2023.