State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-534_6

§ 15A‑534.6.  Bail incases of manufacture of methamphetamine.

In all cases in which thedefendant is charged with any violation of G.S. 90‑95(b)(1a) or G.S. 90‑95(d1)(2)b.,in determining bond and other conditions of release, the magistrate, judge, orcourt shall consider any evidence that the person is in any manner dependentupon methamphetamine or has a pattern of regular illegal use ofmethamphetamine. A rebuttable presumption that no conditions of release on bondwould assure the safety of the community or any person therein shall arise ifthe State shows by clear and convincing evidence both:

(1)        The person wasarrested for a violation of G.S. 90‑95(b)(1a) or G.S. 90‑95(d1)(2)b.,relating to the manufacture of methamphetamine or possession of an immediateprecursor chemical with knowledge or reasonable cause to know that the chemicalwill be used to manufacture methamphetamine.

(2)        The person is in anymanner dependent upon methamphetamine or has a pattern of regular illegal useof methamphetamine, and the violation referred to in subdivision (1) of thissection was committed or attempted in order to maintain or facilitate thedependence or pattern of illegal use in any manner. (2005‑434, s. 6; 2007‑484,s. 4.)