Section 77-20-207 - Modification of pretrial status order - Failure to appear(1) A party may move to modify a pretrial status order: (a) at any time after a pretrial status order is issued; and(b) only upon a showing that there has been a material change in circumstances.(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if: (i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.(3)(a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.(b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.(4) In ruling upon a motion to modify a pretrial status order, the judge may: (a) rely on information as provided in Subsection 77-20-205(8);(b) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or(ii) for a motion to modify a pretrial status order under Subsection (2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.(5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when: (a) the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;(b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and(c) a bench warrant was issued.(6) Subsections 77-20-205(3) through (10) apply to a determination about pretrial release in a modified pretrial status order.Amended by Chapter 408, 2023 General Session ,§ 7, eff. 5/3/2023.Added by Chapter 4, 2021SP2 General Session ,§ 18, eff. 11/16/2021.