(1)If a person is
detained in a jail on a municipal hold and does not immediately receive a personal
recognizance bond, the jail shall promptly notify the municipal court of any
municipal hold; except that, if the municipal hold is the sole basis to detain the
person, the jail shall notify the municipal court of the municipal hold within four
hours. All municipal courts shall establish an email address, if internet service is
available, whereby the municipal court can receive notifications from jails. If
internet service is not available, the municipal court shall establish a telephone line
with voicemail for the same purpose. All jails shall be deemed to have met this
notice requirement by sending an email, fax, or teletype to the municipal court or, if
these options are unavai
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(1) If a person is
detained in a jail on a municipal hold and does not immediately receive a personal
recognizance bond, the jail shall promptly notify the municipal court of any
municipal hold; except that, if the municipal hold is the sole basis to detain the
person, the jail shall notify the municipal court of the municipal hold within four
hours. All municipal courts shall establish an email address, if internet service is
available, whereby the municipal court can receive notifications from jails. If
internet service is not available, the municipal court shall establish a telephone line
with voicemail for the same purpose. All jails shall be deemed to have met this
notice requirement by sending an email, fax, or teletype to the municipal court or, if
these options are unavailable, leaving a voicemail with the municipal court, relaying
the notice required in this section.
(2) Once a municipal court receives notice that the defendant is being held
solely on the basis of a municipal hold, the municipal court shall hold a hearing
within forty-eight hours after the receipt of such a notice. The county sheriff shall
make the in-custody defendant available to appear in a timely manner before a
municipal judge for a hearing required by this subsection (2) at the date and time
mutually agreed to by the county sheriff and municipal court. This subsection (2)
must not be construed to require the county sheriff to transport the in-custody
defendant to the municipal court. It is not a violation of this section if a bond
hearing is not held within forty-eight hours when the delay is caused by
circumstances in which the defendant refuses to attend court, is unable to attend
court due to drug or alcohol use, a serious medical or behavioral health emergency,
or when the delay is caused by an emergency that requires the court to close. When
the defendant is unable to attend court, the sheriff shall provide the court with a list
of people subject to this section who did not timely attend court, the date of the
person's arrest, and the location where the person is in custody. The sheriff shall
document the length of the delay, the reason for the delay, and the efforts to abate
the emergency. As soon as the emergency has sufficiently abated, the sheriff shall
make the in-custody defendant available to appear before the municipal court at
the next scheduled bond hearing. Use of audiovisual conferencing technology is
permissible to expedite the hearing. When high-speed internet access is
unavailable, making audiovisual conferencing impossible, the court may conduct
the hearing telephonically.
(3) (a) At the hearing required in subsection (2) of this section, the municipal
court shall either:
(I) Arraign the defendant; or
(II) If the defendant was arrested for failure to appear, conduct the
proceedings for which the defendant failed to appear, unless that proceeding is a
trial or an evidentiary hearing or requires the presence of a witness.
(b) If the case is not resolved at this hearing, the municipal court shall
immediately conduct a bond hearing to consider and set the least restrictive
conditions, if any, for the defendant's release on bond.
(4) If the defendant does not appear before the municipal court for a hearing
within the time frames required by subsection (2) of this section, the jail holding the
defendant shall release the defendant on an unsecured personal recognizance
bond with no other conditions returnable to the municipal court. This subsection (4)
does not apply if the defendant refused to cooperate with the court's attempts to
hold the hearing in compliance with subsection (2) of this section.
(5) Each municipal court shall adopt standing orders to implement
subsection (4) of this section and shall provide the orders to each jail in the county
where the municipal court is located. In every arrest warrant issued by a municipal
court, the municipal court shall order that the defendant be released on a personal
recognizance bond with no other conditions if the defendant does not appear
before the municipal court for a hearing within the time frames required by
subsection (2) of this section.