Alabama § 45-40-233.77 - Release Pending Trial; Conditions.

§ 45-40-233.77. Release Pending Trial; Conditions.

(a) Except as provided in subsection (b), any individual in Lawrence County charged with a non-capital, bailable offense, as a matter of right, shall be released pending trial on his or her personal recognizance or upon the execution of an appearance bond.

(b) If a judge having jurisdiction determines that a release will not reasonably assure the defendant’s appearance as required or that a defendant’s being at-large will pose a real and present danger to the public, the judge, either in lieu of or in addition to the methods and conditions of release specified in Rules 7.2(a) and 7.3 of the Alabama Rules of Criminal Procedure, may:

(1) Require the defendant to execute an appearance bond in a specified amount with 10 percent of the amount to be deposited with the clerk of the court, in cash or other security as directed, and within 30 days of the deposit, the clerk shall remit 10 percent of the deposit to the Lawrence County Commission for distribution to the fund established by Section 45-40-233.73, and shall return the remainder of the deposit to the defendant upon dismissal of the pending charges or the imposition of sentence after conviction; or

(2) Impose any additional condition deemed reasonably necessary to assure appearance as required, including a condition requiring the defendant return to custody after specified hours.

(c) In determining which methods and conditions of release will reasonably assure the appearance of a defendant as required or will protect certain individuals or the general public from a defendant who poses a real and present danger, the judge or magistrate, in addition to considering the principles and guidelines set forth in Rules 7.2(a) and 7.3 of the Alabama Rules of Criminal Procedure, shall bear in mind that the purposes of this subpart are not only to assure the presence of the defendant at trial, but also to assure that all defendants, regardless of financial or social status, shall not needlessly be detained pending appearance to answer charges, or pending appeal, when detention serves neither the ends of justice nor the public interest.

(d) All amounts collected under this section shall be paid into the Lawrence County Community Corrections and Court Services Fund, unless payment is otherwise directed by general law.