(1) The judicial officer must hold a hearing in cases involving offenses prescribed
in Article I, section 20, to determine whether any condition or combination of conditions
will reasonably assure the safety of any other person and the community upon motion
of the attorney for the government.
(2) The hearing must be held immediately upon the defendant's first appearance before
the judicial officer unless the defendant, or the attorney for the government, seeks
a continuance. Except for good cause, a continuance on motion of such person may not exceed five
days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance
on motion of the attorney for the government may not exceed three days (not including
any intermediate Saturday, Sunday, or legal holiday). During a continuance, such person must be detained.
(3) At the hearing, such defendant has the right to be represented by counsel, and,
if financially unable to obtain representation, to have counsel appointed. The defendant must be afforded an opportunity to testify, to present witnesses,
to cross-examine witnesses who appear at the hearing, and to present information by
proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to
the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding that no condition or combination
of conditions will reasonably assure the safety of any other person and the community
must be supported by clear and convincing evidence of a propensity for violence that
creates a substantial likelihood of danger to the community or any persons.
(4) The defendant may be detained pending completion of the hearing. The hearing may be reopened, before or after a determination by the judicial officer,
at any time before trial if the judicial officer finds that information exists that
was not known to the movant at the time of the hearing and that has a material bearing
on the issue whether there are conditions of release that will reasonably assure the
safety of any other person and the community.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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