A.Written Promise to Appear . The written promise to appear is the recommended form of pretrial release except in cases in which the defendant is charged with a violation under N. C. G. S., Chapter 20 (Motor Vehicles).
The written promise to appear may be selected by the magistrate as the form of pretrial release upon the judicial official's finding that such form will reasonably assure the defendant's court appearance offer the judicial official has taken into account the eleven release criteria set out in G. S. 15A-534(c), to the extent such are known at the time the Defendant appears in front of the Judicial Official, namely:
(1) The nature and circumstances of the offense charged,(2) the weight of the evidence,(3) the defendant's family ties,(8) length of residence in the community,(9) record of convictions,(10) history of flight to avoid prosecution, or failure to appear at court proceedings, and(11) any other evidence relevant to the issue of pretrial release. Amended effective October 1,2023:
Written Promises to Appear is not an available condition of pretrial release for Defendants who are out on pretrial release and commit a new offense while on pretrial release, unless the new offense is a Chapter 20 violation, pursuant to G.S. 15A-533. If that Chapter 20 violation is a driving while impaired charge, or a death by vehicle charge, a Written Promise to Appear should not be considered absent unusual and compelling circumstances.
B.Unsecured Bond in a Specified Amount . The unsecured bond in a specified amount is the recommended form of pretrial release in cases arising under N. C. G. S., Chapter 20 (Motor Vehicles) other than infractions where no detention is involved, and upon the judicial official's finding that this form of release will reasonably assure the defendant's court appearance on the basis of the release criteria set out above.
C.Release to the Custody of a Designated Person or Organization Agreeing to Supervise the Defendant. This form of release may be selected in cases other than motor vehicle offenses if the judicial official finds:
(1) That by reason of defendant's age or mental condition, a custodial release is most likely to assure defendant's court appearance, and (2) such custodian and the defendant are both before the judicial official, and both agree in writing to the terms of release. Under G.S. 15A-534(a) (3) if this condition is imposed the defendant may instead elect to execute an appearance bond as provided in 15A-534 (a)(4) and as set forth in Part D, below. Note therefore, pretrial release form D below must be selected if the defendant objects to the custodial form of release.D. Release on a Bail Bond (which term includes secured appearance bond, whether secured by a cash deposit, mortgage, or at least one solvent surety). This form of release must not be selected by the judicial official unless he/she first determines that release form A, B, or C above will not reasonably assure the appearance of the defendant as required, will pose a danger of injury to any person, or is likely to result in destruction of evidence, subornation of perjury, or intimidation of potential witnesses, or is required by 15A-533 or other provision of law.
Upon making such determination, the judicial official must impose this form of release, if release is determined to be appropriate.
Amended effective October 1, 2023 for cases arising on or after that date:
Pursuant to the provisions of 15A-533(b) pretrial release for the following offenses may only be determined by a judge, and whether release is authorized is in the discretion of the judge:
E. A judge shall determine in the judge's discretion whether a defendant charged with any of the following crimes may be released before trial:(1)G.S. 14-17 (First or second degree murder) or an attempt to commit first or second degree murder.(2)G.S. 14-39 (First or second degree kidnapping).(3)G.S. 14-27.21 (First degree forcible rape).(4)G.S. 14-27.22 (Second degree forcible rape).(5)G.S. 14-27.23 (Statutory rape of a child by an adult).(6)G.S. 14-27.24 (First degree statutory rape).(7)G.S. 14-27.25 (Statutory rape of person who is 15 years of age or younger).(8)G.S. 14-27.26 (First degree forcible sexual offense).(9)G.S. 14-27.27(Second degree forcible sexual offense).(10)G.S. 14-27.28 (Statutory sexual offense with a child by an adult).(11)G.S. 14-27.29 (First degree statutory sexual offense).(12)G.S. 14-27.30 (Statutory sexual offense with a person who is 15 years of age or younger).(13)G.S. 14-43.11 (Human trafficking).(14)G.S. 14-32(a) (Assault with a deadly weapon with intent to kill inflicting serious injury).(15)G.S. 14-34.1(Discharging certain barreled weapons or a firearm into occupied property).(16) First degree burglary pursuant to G.S. 14-51.(17) First degree arson pursuant to G.S. 14-58.(18)G.S. 14-87 (Robbery with firearms or other dangerous weapons). If the judge determines that release is warranted, then the judge shall set conditions of pretrial release in accordance with G.S. 15A-534.
A defendant charged with a noncapital offense that is not listed under any of the subdivisions of this subsection, must otherwise have conditions of pretrial release determined, in accordance with G.S. 15A-534.
F. When determining conditions of such pretrial release under this section, a judicial official must impose at least one of the following conditions: G.S. 15A-534(a) (4) Require the execution of an appearance bond in a specified amount secured by a cash deposit of the full amount of the bond, by a mortgage pursuant to G.S. 58-74-5, or by at least one solvent surety.; or G.S. 15A-534(a) (5) House arrest with electronic monitoring. If condition (5) is imposed, the defendant must execute a secured appearance bond under G.S. 15A-534(a)(4).
The judicial official may also place restrictions on the travel, associations, conduct, or place of abode of the defendant as conditions of pretrial release.
The judicial official may include as a condition of pretrial release that the defendant abstain from alcohol consumption, as verified by the use of a continuous alcohol monitoring system, of a type approved by the Division of Community Supervision and Reentry of the Department of Adult Correction, and that any violation of this condition be reported by the monitoring provider to the district attorney.
G. Under 15A-534(d2) when imposing conditions of release for a Defendant charged with a Felony and currently on probation for a prior offense, a Judicial Official shall determine whether the Defendant poses a danger to the public prior to imposing conditions of release and must record that determination in writing. If the Judicial Official so determines, they must impose conditions of release as set forth in this Section, Section D. If they do not so determine, the Judicial Official may in their discretion and after considering the eleven factors set forth in G.S. 15A-534(c), impose pretrial release conditions as set forth in Sections A-C. If the Judicial Official is unable to make such a determination due to insufficient information, the Defendant shall be held in custody until a determination may be made in accordance with G.S. 15A-534(d2)(3), and shall state that Defendant is being held pursuant to this subdivision, the basis for determination that additional information is needed, and a date with 72 hours or 96 hours if the courthouse is closed for a period longer than 72 hours, within which Defendant will be brought before a Judge for a First Appearance. Items required to be noted in writing may be noted on the Release Order either by checking the oppropriate block on the form, if any, or by noting it under "additional information".
NOTE: The judicial official authorizing pretrial release under this section must issue an appropriate order containing a statement of the conditions imposed, if any; inform the defendant in writing of the penalties applicable to violations of the conditions of his release; and advise him that his arrest will be ordered immediately upon any violation. The Order of Release must be filed with the Clerk and a copy given to the defendant. See forms AOC-CR-200, 201, 242,270,630,631,660 or other appropriate AOC forms.
H.Rioting or Looting. Under the provisions of new 15A-534.8 (Rioting or Looting; Bail and Pretrial Release), for defendants charged under G.S. 14-288.2 or 14-288.6, only o judge may set bond for the first 24 hours. It says "the court must" direct a law enforcement officer or district attorney to provide a criminal history report and shall consider the criminal history of defendant when setting conditions of pretrial release (which is already required as one of the 11 factors to be considered under 15A-534). The court may not "unreasonably delay the determination of conditions of pretrial release" for the purpose of reviewing the criminal history report. For these charges if a judge has not set the bond within 24 hours, then a magistrate must set conditions of release as normal.
Upon a finding that the defendant's immediate release will "pose a danger of injury to persons" and an appearance bond will not reasonably assure that such injury will not occur, the judge may detain defendant in custody "for a reasonable period of time" while determining conditions of release. Such conditions may include staying away from where the offense arose.
Adopted September 25, 2023, effective 10/1/2023.