State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-533

§ 15A‑533.  Right topretrial release in capital and noncapital cases.

(a)        A defendant chargedwith any crime, whether capital or noncapital, who is alleged to have committedthis crime while still residing in or subsequent to his escape or during anunauthorized absence from involuntary commitment in a mental health facilitydesignated or licensed by the Department of Health and Human Services, andwhose commitment is determined to be still valid by the judge or judicialofficer authorized to determine pretrial release to be valid, has no right topretrial release. In lieu of pretrial release, however, the individual shall bereturned to the treatment facility in which he was residing at the time of thealleged crime or from which he escaped or absented himself for continuation ofhis treatment pending the additional proceedings on the criminal offense.

(b)        A defendant chargedwith a noncapital offense must have conditions of pretrial release determined,in accordance with G.S. 15A‑534.

(c)        A judge may determinein his discretion whether a defendant charged with a capital offense may bereleased before trial. If he determines release is warranted, the judge mustauthorize release of the defendant in accordance with G.S. 15A‑534.

(d)        There shall be arebuttable presumption that no condition of release will reasonably assure theappearance of the person as required and the safety of the community if ajudicial official finds the following:

(1)        There is reasonablecause to believe that the person committed an offense involving trafficking ina controlled substance;

(2)        The drug traffickingoffense was committed while the person was on pretrial release for anotheroffense; and

(3)        The person has beenpreviously convicted of a Class A through E felony or an offense involvingtrafficking in a controlled substance and not more than five years has elapsedsince the date of conviction or the person's release from prison for theoffense, whichever is later.

(e)        There shall be arebuttable presumption that no condition of release will reasonably assure theappearance of the person as required and the safety of the community, if ajudicial official finds the following:

(1)        There is reasonablecause to believe that the person committed an offense for the benefit of, atthe direction of, or in association with, any criminal street gang, as definedin G.S. 14‑50.16;

(2)        The offensedescribed in subdivision (1) of this subsection was committed while the personwas on pretrial release for another offense; and

(3)        The person has beenpreviously convicted of an offense described in G.S. 14‑50.16 throughG.S. 14‑50.20, and not more than five years has elapsed since the date ofconviction or the person's release for the offense, whichever is later.

Persons who are considered forbond under the provisions of subsections (d) and (e) of this section may onlybe released by a district or superior court judge upon a finding that there isa reasonable assurance that the person will appear and release does not pose anunreasonable risk of harm to the community.  (1973, c. 1286, s. 1; 1981, c. 936, s. 2; 1997‑443,s. 11A.118(a); 1998‑208, s. 1; 2008‑214, s. 4.)