§ 45-51-230 — Conditions for Release from Custody; Use of Real Estate Equitable Interest

(a) Any person who is arrested and is held in the legal custody of any law enforcement agency in Montgomery County may be released from custody upon proof that such person owns an equitable interest in any real property located in the county in an amount equal to the amount of bond set for his or her appearance in court, upon the pledging of such equitable interest and upon the signing of a recognizance bond swearing to so appear.
(b) In the alternative, any person, whether a resident or not, who owns an equitable interest in any real property located in the county equal to the amount of bond set for the appearance in court of any person who is arrested, and is held in the legal custody of any law enforcement agency in Montgomery County, may pledge the same in lieu of cash upon sufficient proof that such person has such equitable ownership in the property. Such person pledging the real property shall swear that the released person shall appear in court.

Legislative History

(Act 87-748, p. 1472, § 1; Act 89-495, p. 1029, § 1.)