SUPREME COURT ADOPTS ADMINISTRATIVE RULE 63 ADDRESSING A UNIFORM BAIL SCHEDULE
SUPREME COURT ADOPTS ADMINISTRATIVE RULE 63 ADDRESSING A UNIFORM BAIL SCHEDULE
ANDY FORWARD Attorney at Law
The Supreme Court has approved the proposed Administrative Rule 63 – Uniform Bail Schedule , effective August 1 . The rule was proposed in response to HB 1453 , passed by the 68th Legislative Assembly and codified as N . D . C . C . § 29-08-03.1 , titled “ Supreme court uniform bail schedule initiative .”
Under N . D . C . C . § 29-08-03.1 ( 1 ), the statute ’ s purpose is to “ achieve substantial uniformity of bail in district court ,” and requires the Supreme Court to “ establish a uniform bail schedule to apply when an individual has been taken into custody and has not yet appeared before the district court for a violation of a state offense .” The statute provides factors to consider when establishing the standard amount of bail : ( a ) maintaining public safety ; ( b ) the severity of the offense ; ( c ) assuring that defendants appear for court hearings ; ( d ) equal treatment within the judicial system ; ( e ) constitutional limits ; ( f ) prohibiting excessive bail ; and ( g ) other relevant factors . N . D . C . C . § 29-08- 03.1 ( 3 ). The statute required the uniform bail schedule to be implemented by August 1 . N . D . C . C . § 29-08-03.1 ( 5 ).
Following the passage of HB 1453 , Chief Justice Jensen formed the Uniform Bail Workgroup to propose an administrative rule
28 THE GAVEL addressing the requirements of N . D . C . C . § 29-08-03.1 dealing with a uniform bail schedule . The workgroup consisted of Chief Justice Jensen and the presiding judge of each judicial district . The workgroup submitted a proposed rule to the Supreme Court in March .
Section 1 of Administrative Rule 63 states the rule ’ s purpose “ is to comply with section 29-08-03.1 , N . D . C . C .” Section 1 clarifies the rule only applies from a defendant ’ s initial detention after arrest until the defendant can be seen by a judicial officer . Sara Behrens , staff attorney for the State Court Administrator ’ s Office , testified during the legislative session that the bill ( HB 1453 ) would most likely deal with a small number of defendants , mainly those arrested on a weekend where they may sit in jail for up to 48 hours before appearing in front of a judge .
Section 2 of the rule recognizes that law enforcement and correctional facilities make the initial decision whether to arrest and detain a person alleged to have committed a crime until that person can be seen by a judicial officer , or whether that person is cited and released . Section 2 acknowledges the “ rule is suggestive only and is not binding upon law enforcement and correctional facilities .”
Section 3 of the rule provides general guidelines , including : ( a ) A person being held who has an active warrant on which a judicial officer has already ordered conditions of release , including a secured appearance bond , may be held until those conditions are met or the person can be seen by a judicial officer . ( b ) A person being held who has an active warrant for non-appearance may be held until the person can be seen by a judicial officer . ( c ) A person being held for an alleged violation of a felony offense may be held until the person can be seen by a judicial officer . ( d ) A person being held for an alleged misdemeanor offense involving an allegation of sexual misconduct , abuse , neglect , bodily injury or the threat thereof , domestic violence , violation of a protection order , fleeing or refusal to halt , or preventing arrest may be held until that person can be seen by a judicial officer . ( e ) A person who does not meet the criteria of paragraphs ( a ) through ( d ) discussed above may be released upon a promise to appear . ( f ) A person released on bond should be given a date and time for an initial appearance in front of a judicial officer . ( g ) A person detained in custody and not released on bond should be brought before a judicial officer as soon as is reasonably possible for an initial appearance . Efforts should be made for the initial appearance to be within 48 hours of arrest .
The link to access Administrative Rule 63 is available on the North Dakota Supreme Court website , www . ndcourts . gov .