Release of person charged, when--conditions which may be imposed.
544.455. 1. Any person charged with a bailable offense, athis appearance before an associate circuit judge or judge may beordered released pending trial, appeal, or other stage of theproceedings against him on his personal recognizance, unless theassociate circuit judge or judge determines, in the exercise ofhis discretion, that such a release will not reasonably assurethe appearance of the person as required. When such adetermination is made, the associate circuit judge or judge mayeither in lieu of or in addition to the above methods of release,impose any or any combination of the following conditions ofrelease which will reasonably assure the appearance of the personfor trial:
(1) Place the person in the custody of a designated personor organization agreeing to supervise him;
(2) Place restriction on the travel, association, or placeof abode of the person during the period of release;
(3) Require the execution of a bail bond with sufficientsolvent sureties, or the deposit of cash in lieu thereof;
(4) Require the person to report regularly to some officerof the court, or peace officer, in such manner as the associatecircuit judge or judge directs;
(5) Require the execution of a bond in a given sum and thedeposit in the registry of the court of ten percent, or suchlesser percent as the judge directs, of the sum in cash ornegotiable bonds of the United States or of the state of Missourior any political subdivision thereof;
(6) Impose any other condition deemed reasonably necessaryto assure appearance as required, including a condition requiringthat the person return to custody after specified hours.
2. In determining which conditions of release willreasonably assure appearance, the associate circuit judge orjudge shall, on the basis of available information, take intoaccount the nature and circumstances of the offense charged, theweight of the evidence against the accused, the accused's familyties, employment, financial resources, character and mentalcondition, the length of his residence in the community, hisrecord of convictions, and his record of appearance at courtproceedings or flight to avoid prosecution or failure to appearat court proceedings.
3. An associate circuit judge or judge authorizing therelease of a person under this section shall issue an appropriateorder containing a statement of the conditions imposed, if any,shall inform such person of the penalties applicable toviolations of the conditions of his release and shall advise himthat a warrant for his arrest will be issued immediately upon anysuch violation.
4. A person for whom conditions of release are imposed andwho after twenty-four hours from the time of the release hearingcontinues to be detained as a result of his inability to meet theconditions of release, shall, upon application, be entitled tohave the condition reviewed by the associate circuit judge orjudge who imposed them. The motion shall be determined promptly.
5. An associate circuit judge or judge ordering the releaseof a person on any condition specified in this section may at anytime amend his order to impose additional or different conditionsof release; except that, if the imposition of such additional ordifferent conditions results in the detention of the person as aresult of his inability to meet such conditions or in the releaseof the person on a condition requiring him to return to custodyafter specified hours, the provisions of subsection 4 shallapply.
6. Information stated in, or offered in connection with, anyorder entered pursuant to this section need not conform to therules pertaining to the admissibility of evidence in a court oflaw.
7. Nothing contained in this section shall be construed toprevent the disposition of any case or class of cases byforfeiture of collateral security where such disposition isauthorized by the court.
8. Persons charged with violations of municipal ordinancesmay be released by a municipal judge or other judge who hears anddetermines municipal ordinance violation cases of themunicipality involved under the same conditions and in the samemanner as provided in this section for release by an associatecircuit judge.
(L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)
Effective 1-2-79
(1976) Provisions as to issuance of an appropriate order containing a statement of the conditions imposed and warning of consequences of failure to appear do not apply to persons released under the provisions of § 544.665. State v. Adams (A.), 532 S.W.2d 524.
Release of person charged, when--conditions which may be imposed.
544.455. 1. Any person charged with a bailable offense, athis appearance before an associate circuit judge or judge may beordered released pending trial, appeal, or other stage of theproceedings against him on his personal recognizance, unless theassociate circuit judge or judge determines, in the exercise ofhis discretion, that such a release will not reasonably assurethe appearance of the person as required. When such adetermination is made, the associate circuit judge or judge mayeither in lieu of or in addition to the above methods of release,impose any or any combination of the following conditions ofrelease which will reasonably assure the appearance of the personfor trial:
(1) Place the person in the custody of a designated personor organization agreeing to supervise him;
(2) Place restriction on the travel, association, or placeof abode of the person during the period of release;
(3) Require the execution of a bail bond with sufficientsolvent sureties, or the deposit of cash in lieu thereof;
(4) Require the person to report regularly to some officerof the court, or peace officer, in such manner as the associatecircuit judge or judge directs;
(5) Require the execution of a bond in a given sum and thedeposit in the registry of the court of ten percent, or suchlesser percent as the judge directs, of the sum in cash ornegotiable bonds of the United States or of the state of Missourior any political subdivision thereof;
(6) Impose any other condition deemed reasonably necessaryto assure appearance as required, including a condition requiringthat the person return to custody after specified hours.
2. In determining which conditions of release willreasonably assure appearance, the associate circuit judge orjudge shall, on the basis of available information, take intoaccount the nature and circumstances of the offense charged, theweight of the evidence against the accused, the accused's familyties, employment, financial resources, character and mentalcondition, the length of his residence in the community, hisrecord of convictions, and his record of appearance at courtproceedings or flight to avoid prosecution or failure to appearat court proceedings.
3. An associate circuit judge or judge authorizing therelease of a person under this section shall issue an appropriateorder containing a statement of the conditions imposed, if any,shall inform such person of the penalties applicable toviolations of the conditions of his release and shall advise himthat a warrant for his arrest will be issued immediately upon anysuch violation.
4. A person for whom conditions of release are imposed andwho after twenty-four hours from the time of the release hearingcontinues to be detained as a result of his inability to meet theconditions of release, shall, upon application, be entitled tohave the condition reviewed by the associate circuit judge orjudge who imposed them. The motion shall be determined promptly.
5. An associate circuit judge or judge ordering the releaseof a person on any condition specified in this section may at anytime amend his order to impose additional or different conditionsof release; except that, if the imposition of such additional ordifferent conditions results in the detention of the person as aresult of his inability to meet such conditions or in the releaseof the person on a condition requiring him to return to custodyafter specified hours, the provisions of subsection 4 shallapply.
6. Information stated in, or offered in connection with, anyorder entered pursuant to this section need not conform to therules pertaining to the admissibility of evidence in a court oflaw.
7. Nothing contained in this section shall be construed toprevent the disposition of any case or class of cases byforfeiture of collateral security where such disposition isauthorized by the court.
8. Persons charged with violations of municipal ordinancesmay be released by a municipal judge or other judge who hears anddetermines municipal ordinance violation cases of themunicipality involved under the same conditions and in the samemanner as provided in this section for release by an associatecircuit judge.
(L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)
Effective 1-2-79
(1976) Provisions as to issuance of an appropriate order containing a statement of the conditions imposed and warning of consequences of failure to appear do not apply to persons released under the provisions of § 544.665. State v. Adams (A.), 532 S.W.2d 524.
Release of person charged, when--conditions which may be imposed.
544.455. 1. Any person charged with a bailable offense, athis appearance before an associate circuit judge or judge may beordered released pending trial, appeal, or other stage of theproceedings against him on his personal recognizance, unless theassociate circuit judge or judge determines, in the exercise ofhis discretion, that such a release will not reasonably assurethe appearance of the person as required. When such adetermination is made, the associate circuit judge or judge mayeither in lieu of or in addition to the above methods of release,impose any or any combination of the following conditions ofrelease which will reasonably assure the appearance of the personfor trial:
(1) Place the person in the custody of a designated personor organization agreeing to supervise him;
(2) Place restriction on the travel, association, or placeof abode of the person during the period of release;
(3) Require the execution of a bail bond with sufficientsolvent sureties, or the deposit of cash in lieu thereof;
(4) Require the person to report regularly to some officerof the court, or peace officer, in such manner as the associatecircuit judge or judge directs;
(5) Require the execution of a bond in a given sum and thedeposit in the registry of the court of ten percent, or suchlesser percent as the judge directs, of the sum in cash ornegotiable bonds of the United States or of the state of Missourior any political subdivision thereof;
(6) Impose any other condition deemed reasonably necessaryto assure appearance as required, including a condition requiringthat the person return to custody after specified hours.
2. In determining which conditions of release willreasonably assure appearance, the associate circuit judge orjudge shall, on the basis of available information, take intoaccount the nature and circumstances of the offense charged, theweight of the evidence against the accused, the accused's familyties, employment, financial resources, character and mentalcondition, the length of his residence in the community, hisrecord of convictions, and his record of appearance at courtproceedings or flight to avoid prosecution or failure to appearat court proceedings.
3. An associate circuit judge or judge authorizing therelease of a person under this section shall issue an appropriateorder containing a statement of the conditions imposed, if any,shall inform such person of the penalties applicable toviolations of the conditions of his release and shall advise himthat a warrant for his arrest will be issued immediately upon anysuch violation.
4. A person for whom conditions of release are imposed andwho after twenty-four hours from the time of the release hearingcontinues to be detained as a result of his inability to meet theconditions of release, shall, upon application, be entitled tohave the condition reviewed by the associate circuit judge orjudge who imposed them. The motion shall be determined promptly.
5. An associate circuit judge or judge ordering the releaseof a person on any condition specified in this section may at anytime amend his order to impose additional or different conditionsof release; except that, if the imposition of such additional ordifferent conditions results in the detention of the person as aresult of his inability to meet such conditions or in the releaseof the person on a condition requiring him to return to custodyafter specified hours, the provisions of subsection 4 shallapply.
6. Information stated in, or offered in connection with, anyorder entered pursuant to this section need not conform to therules pertaining to the admissibility of evidence in a court oflaw.
7. Nothing contained in this section shall be construed toprevent the disposition of any case or class of cases byforfeiture of collateral security where such disposition isauthorized by the court.
8. Persons charged with violations of municipal ordinancesmay be released by a municipal judge or other judge who hears anddetermines municipal ordinance violation cases of themunicipality involved under the same conditions and in the samemanner as provided in this section for release by an associatecircuit judge.
(L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)
Effective 1-2-79
(1976) Provisions as to issuance of an appropriate order containing a statement of the conditions imposed and warning of consequences of failure to appear do not apply to persons released under the provisions of § 544.665. State v. Adams (A.), 532 S.W.2d 524.
