1. (A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, a court may, on the basis of available information, consider the nature and circumstances of an offense charged and an accused's:

   1. (1) family ties;
   2. (2) employment;
   3. (3) financial resources;
   4. (4) character and mental condition;
   5. (5) length of residence in the community;
   6. (6) record of convictions; and
   7. (7) record of flight to avoid prosecution or failure to appear at other court proceedings.

2. (B) A court shall consider, if available:

   1. (1) an accused's criminal record;
   2. (2) any charges pending against an accused at the time release is requested;
   3. (3) all incident reports generated as a result of an offense charged; and
   4. (4) whether an accused is an alien unlawfully present in the United States, and poses a substantial flight risk due to this status.

3. (C)

   1. (1) Prior to or at the time of a hearing, the arresting law enforcement agency shall provide the court with the following information, if available:

      1. (a) the accused's criminal record;
      2. (b) any charges pending against the accused at the time release is requested;
      3. (c) all incident reports generated as a result of the offense charged; and
      4. (d) any other information that will assist the court in determining conditions of release.
   2. (2) The arresting law enforcement agency shall inform the court if any of the information is not available at the time of the hearing and the reason the information is not available. Failure on the part of the law enforcement agency to provide the court with the information does not constitute grounds for the postponement or delay of the person's hearing.
4. (D) A court hearing these matters has contempt powers to enforce the provisions of this section.

HISTORY: 1962 Code Section 17-300.2; 1969 (56) 383; 2005 Act No. 106, Section 8, eff January 1, 2006; 2008 Act No. 280, Section 16, eff June 4, 2008; 2010 Act No. 273, Section 9, eff June 2, 2010; 2012 Act No. 286, Section 1, eff June 29, 2012.