Right to Pretrial Release on Personal Recognizance or on Bond

(a) Right to Release. Any defendant charged with an offense bailable as a matter of right shall be released pending or during trial on the defendant’s personal recognizance or on an appearance bond unless the court before which the charge is filed or pending determines that such a release will not reasonably assure the defendant’s appearance as required, or that the defendant’s being at large will pose a real and present danger to others or to the public at large. If such a determination is made, the court shall impose the least onerous condition(s) contained in Rule 8.4 that will reasonably assure the defendant’s 42 appearance or that will eliminate or minimize the risk of harm to others or to the public at large. In making such a determination, the court shall take into account the following: (1) the age, background and family ties, relationships and circumstances of the defendant; (2) the defendant’s reputation, character, and health; (3) the defendant’s prior criminal record, including prior releases on recognizance or on unsecured or secured appearance bonds, and other pending cases; (4) the identity of responsible members of the community who will vouch for the defendant’s reliability; (5) violence or lack of violence in the alleged commission of the offense; (6) the nature of the offense charged, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance; (7) the type of weapon used (e.g., knife, pistol, shotgun, sawed-off shotgun, assault or automatic weapon, explosive device, etc.); (8) threats made against victims or witnesses; (9) the value of property taken during the alleged commission of the offense; (10) whether the property allegedly taken was recovered or not, and damage or lack of damage to the property allegedly taken; 43 (11) residence of the defendant, including consideration of real property ownership, and length of residence in the defendant’s domicile; (12) in cases where the defendant is charged with a drug offense, evidence of selling or distribution activity that should indicate a substantial increase in the amount of bond; (13) consideration of the defendant’s employment status and history, the location of defendant’s employment (e.g., whether employed in the county where the alleged offense occurred), and the defendant’s financial condition; (14) sentence enhancements, if any, included in the charging document; and (15) any other fact or circumstance bearing on the risk of nonappearance or on the danger to others or to the public. (b) Specific statutory limits apply. When a statute limits a judge’s bail authority, such statutory limits shall apply to the extent any of the amounts listed in section (c) are in conflict therewith. (c) Bond Guidelines. The following is established as a general guide for circuit, county, justice, and municipal courts in setting bail for persons charged with bailable offenses. Except in situations where release is required in the minimum scheduled amount pursuant to Rule 5.1(b) or (c), or any other Rule, courts may and should exercise discretion in setting bail above or below the scheduled amounts, as supported by consideration of the factors listed in Rule 8.2(a). SECURED OR UNSECURED APPEARANCE BOND GUIDELINES Recommended Range FELONIES: Capital felony $25,000 to No Bail Allowed 44 Manslaughter (or any other non-capital crime involving loss of human life) Drug Distribution and Trafficking All other non-capital felonies $20,000 to $250,000 - punishable by maximum 20 years or more - punishable by maximum 10 years to 20 years $10,000 to $100,000 - punishable by maximum up to 10 years $ 5,000 to $50,000 $10,000 to $1,000,000 $ 5,000 to $1,000,000 MISDEMEANORS (not included elsewhere in the schedule): $500 to $2,000 - punishable by maximum 1 year $250 to $1,000 - punishable by maximum 6 mos. $100 to $500 - punishable by less than 6 mos. $50 to Max. Fine/Costs* - punishable by fine only Misdemeanor DUI and DWLS $500 to $2,000 Municipal Ordinance Violations $100 to $1,000 *Maximum amount of fine(s), court costs, and statutory assessments which might be due upon conviction. Comment