Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Except as provided in Subsection (7)(a), a county jail official may fix a financial condition for an individual if:
(a)
(i)
the individual is ineligible to be released on the individual’s own recognizance under Section 77-20-203;
(ii)
the individual is arrested for, or charged with:
(A)
a misdemeanor offense under state law; or
(B)
a violation of a city or county ordinance that is classified as a class B or C misdemeanor offense;
(iii)
the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and
(iv)
law enforcement has not submitted a probable cause statement to a magistrate; or
(b)
(i)
the individual is arrested for, or charged with, an eligible felony offense;
(ii)
the individual is not on pretrial release for a separate criminal offense;
(iii)
the individual is not on probation or parole;
(iv)
the primary risk posed by the individual is the risk of failure to appear;
(v)
the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and
(vi)
law enforcement has not submitted a probable cause statement to a magistrate.
(3)
A county jail official may not fix a financial condition at a monetary amount that exceeds:
(a)
$5,000 for an eligible felony offense;
(b)
$1,950 for a class A misdemeanor offense;
(c)
$680 for a class B misdemeanor offense;
(d)
$340 for a class C misdemeanor offense;
(e)
$150 for a violation of a city or county ordinance that is classified as a class B misdemeanor; or
(f)
$80 for a violation of a city or county ordinance that is classified as a class C misdemeanor.
(4)
If an individual is arrested for more than one offense, and the county jail official fixes a financial condition for release:
(a)
the county jail official shall fix the financial condition at a single monetary amount; and
(b)
the single monetary amount may not exceed the monetary amount under Subsection (3) for the highest level of offense for which the individual is arrested.
(5)
Except as provided in Subsection (7)(b), an individual shall be released if the individual posts a financial condition fixed by a county jail official in accordance with this section.
(6)
If a county jail official fixes a financial condition for an individual, law enforcement shall submit a probable cause statement in accordance with Rule 9 of the Utah Rules of Criminal Procedure after the county jail official fixes the financial condition.
(7)
Once a magistrate begins a review of an individual’s case under Rule 9 of the Utah Rules of Criminal Procedure:
(a)
a county jail official may not fix or modify a financial condition for an individual; and
(b)
if a county jail official fixed a financial condition for the individual before the magistrate’s review, the individual may no longer be released on the financial condition.
(8)
Nothing in this section prohibits a court and a county from entering into an agreement regarding release.