RULE 15
BAIL
Effective immediately, the following policy shall govern the calculation of
bail for all criminal matters:
1) If the Court determines that the defendant is not likely to appear if
released on personal recognizance, the Court may require conditions of
release, including the posting of cash or bond, as provided by CrRLJ 3.2(b).
2) If the Court determines that the defendant poses a substantial danger to the
public to commit a violent crime, intimidate witnesses, or otherwise
unlawfully interfere with the administration of justice, the Court may
require conditions of release, including posting of cash or bond to
guarantee performance of release conditions, as provided by CrRLJ 3.2(d).
Performance bail shall be posted in the Defendant's name, as required by
CrRLJ 3.2(d)(6). Any bond posted to guarantee performance of release
conditions ("performance bond") must be approved by the Judge or
Commissioner in writing prior to the Defendant's release.
3) If the Court, upon issuing a bench warrant, determines that bail shall be
"cash" or "cash only," the defendant may post an appearance bond in the
amount of ten times the cash bail requirement in lieu of cash, prior to the
defendant's first appearance in Court. If "cash" or "cash only" is not
indicated on the bench warrant, the defendant may post either cash or bond
in the amount specified.
4) The Court may apply cash bail posted in the defendant's name to pay the
defendant's fines, penalties and costs on the present case or on any past
due obligations to the Court.
5) In any case for which bail forfeiture in lieu of criminal prosecution has
been authorized, bail must be received by the Court before arraignment
unless previously authorized in writing by the Judge or Commissioner.
6) This rule shall be retroactively applied to all cases in which bail has
previously been set.
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