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

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

3. (C) Prior to or at the time of the hearing, the law enforcement officer, local detention facility officer, or local jail officer, as applicable, attending the hearing shall provide the court with the following information if available:

   1. (1) the accused's criminal record;
   2. (2) any charges pending against the accused at the time release is requested;
   3. (3) all incident reports generated as a result of the offense charged; and
   4. (4) any other information that will assist the court in determining conditions of release.
4. (D) The law enforcement officer, local detention facility officer, or local jail officer, as applicable, shall inform the court if any of the information required in subsection (C) 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 officer, local detention facility officer, or local jail officer, as applicable, to provide the court with the information required in subsection (C) does not constitute grounds for the postponement or delay of the person's hearing.
5. (E) A court hearing this matter has contempt powers to enforce these provisions.

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.