Clarifications To 48-hour Bond Hearing Requirement

Current law requires an individual who is in jail to be brought before a judge for a bond hearing within 48 hours of arriving at the jail. The act clarifies the circumstances when the 48-hour requirement does not apply when the individual is unable to attend court. When an arrestee is unable to attend court within the 48-hour requirement, the sheriff shall create a list of those individuals, the date of the individual's arrest, and the location where the individual is in custody. The sheriff shall document the length of the delay, the reason for the delay, and the efforts to abate a delay caused by an emergency. As soon as an emergency has sufficiently abated, the act requires the sheriff to make the in-custody arrestee available to appear.

The act also clarifies that the 48-hour requirement applies regardless of whether:

• The individual is held in custody in a jurisdiction other than the one that issues the arrest warrant;
• Money bond was previously set ex parte; or
• The in-custody arrestee did not appear for a first appearance.

APPROVED by Governor April 20, 2023

EFFECTIVE October 1, 2023
(Note: This summary applies to this bill as enacted.)