§ 11-28-114. Procedures upon arrest.

A.  Except as otherwise provided in this section, if a resident of a municipality served by a municipal court is arrested by a law enforcement officer for the violation of any ordinance for which Section 28-114.1 of this title does not apply, or is arrested for violation of a nontraffic ordinance, the officer shall immediately release said person if the person acknowledges receipt of a citation by signing it.  Provided, however, the arresting officer need not release said person if it reasonably appears to the officer that the person may cause injury to self or others or damage to property if released, that the person will not appear in response to the citation, or the person is arrested for an offense against a person or property.  If said person fails to appear in response to the citation, a warrant shall be issued for the person’s arrest and the person’s appearance shall be compelled.

If the arrested resident is not released by being permitted to sign a citation as provided for in this subsection, the resident shall be admitted to bail either before or after arraignment, or shall be released on personal recognizance.  A municipality may prescribe a fine for up to the maximum amount authorized by courts not of record for failure of a person to have a valid driver license when charged with a traffic violation.

B.  If a nonresident of a municipality served by a municipal court is arrested by a law enforcement officer for a violation of any ordinance for which Section 28-114.1 of this title does not apply, the defendant shall be eligible to be admitted to bail either before or after arraignment.

C.  The amount and conditions of bail granted pursuant to the provisions of subsections A and B of this section shall be determined by the judge, within the limitation prescribed by this section, who shall prescribe rules for the receipt of bail and for the release on personal recognizance.  In the event of arrests at night, emergencies, or when the judge is not available, a court official, the chief of police or the chief’s designated representative may be authorized by the judge, subject to such conditions as shall be prescribed by the judge, to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused.  Except as provided in this subsection, cash bond shall not exceed the maximum fine provided for by ordinance for each offense charged.  The court official, chief of police or the chief’s designated representative is authorized, subject to such conditions as shall be prescribed by the judge or by law, to release a resident of the municipality on personal recognizance.  Provided, however, that a person arrested in a municipality for violations of municipal ordinances relating to prostitution, including but not limited to engaging in prostitution or soliciting or procuring prostitution, shall not be released on personal recognizance.

Added by Laws 1977, c. 256, § 28-114, eff. July 1, 1978.  Amended by Laws 1982, c. 133, § 1; Laws 1984, c. 126, § 58, eff. Nov. 1, 1984; Laws 1986, c. 250, § 10, operative July 1, 1987; Laws 2002, c. 120, § 7, emerg. eff. April 19, 2002.