Alabama § 45-52-234.27 - Release Pending Trial; Conditions.

§ 45-52-234.27. Release Pending Trial; Conditions.

(a) Any person in Morgan County charged with a non-capital, bailable offense, may, as a matter of right, be released pending trial on his or her personal recognizance or upon the execution of an appearance bond. However, if a judge having jurisdiction determines, in the exercise of his or her discretion, that such 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 others or the public in general, then 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’s execution of an appearance bond in a specified amount with 10 percent of such amount to be deposited with the clerk of the court, in cash or other security as directed, and with a further provision that 10 percent of such deposit shall be remitted within 10 days after the deposit to the Morgan County Commission for deposit to the fund established by Section 45-52-234.23 and that the remainder of such deposit shall be returned by the clerk to the defendant after he or she is discharged 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 that the individual return to custody after specified hours.

(b) In determining which methods and conditions of release will reasonably assure the appearance of a defendant as required or protect certain persons 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 persons, regardless of their financial or social status, shall not needlessly be detained pending their appearance to answer charges, or pending appeal, when detention serves neither the ends of justice nor the public interest.

(c) All sums collected under this section shall be paid into the Morgan County Community Corrections and Court Services Fund established pursuant to Section 45-52-234.23, unless payment of such sums is otherwise directed by general law.