N.D. Cent. Code § 29-08-03.1

Current through 2023 Legislative Sessions

Section 29-08-03.1 - Supreme court uniform bail schedule initiative - Report

1. The supreme court shall 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 to achieve substantial uniformity of bail in district court.

2. The uniform bail schedule must be established in cooperation with the district court.

3. When establishing the uniform bail schedule, the supreme court shall consider the following factors when setting the standard amount of bail:

a. Maintaining public safety;

b. The severity of the offense justifying the bail amount;

c. The need to assure defendants appear for court hearings;

d. Equal treatment within the judicial system;

e. Constitutional limits and requirements related to bail;

f. Prohibiting excessive bail; and

g. Any other factors considered by the supreme court to be relevant.

4. The supreme court may adjust the standard bail amounts established by the uniform bail schedule as needed or when requested by the district court.

5. The uniform bail schedule must be implemented by August 1, 2024.

6. Before September 1, 2024, the supreme court shall provide a report to the legislative management regarding the implementation of the uniform bail schedule and the standard amount of bail for each state offense.

N.D.C.C. § 29-08-03.1

Added by S.L. 2023 , ch. 303( HB 1453 ), § 1, eff. 8/1/2023.