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In Re Arkansas Supreme Court Committee on Criminal Practice - Adoption of Revised Rules 8.5 and 9.2 of the Arkansas Rules of Criminal Procedure
Citation: 2023 Ark. 168
Court: Supreme Court of Arkansas; November 16, 2023; Arkansas; State Supreme Court
Original Court Document: View Document
The Arkansas Supreme Court has adopted amendments to Rules 8.5 and 9.2 of the Arkansas Rules of Criminal Procedure, effective January 1, 2024. The amendments, recommended by the Arkansas Supreme Court Committee on Criminal Practice and published for comment on June 22, 2023, outline the procedures for pretrial release inquiries and money bail settings. Rule 8.5 mandates that a judicial officer conduct a pretrial release inquiry at the defendant’s first appearance, assessing factors such as the defendant’s employment, family relationships, residence history, character, prior criminal record, and any potential risks if released. The prosecuting attorney is tasked with advising the judicial officer on the appropriateness of pretrial release, the type of bail, and any conditions for release. Rule 9.2 stipulates that money bail can only be set if no other conditions will ensure the defendant's court appearance. The judicial officer may require an unsecured bond, an unsecured bond with a 10% cash deposit, or a fully secured bond. When determining the bail amount, the judicial officer must consider factors related to the risk of nonappearance, including the defendant’s community ties, financial status, family relationships, character, past legal responses, and any history of violence. Key points include considerations related to the defendant's current charge, the likelihood of conviction, and potential sentencing, which are relevant for assessing the risk of nonappearance and the possibility of the defendant committing further crimes or interfering with justice. Additional factors include the defendant's community ties. The rule clarifies that judicial officers may allow defendants charged with non-felony offenses to post a monetary amount as a substitute for court appearances. The appearance bond and any required security deposits ensure the defendant's attendance at all related legal proceedings, including appeals and remands. If a defendant must appear in a different court than the one that ordered their release, all related documents must be forwarded accordingly. Judicial officers retain discretion to adjust the bond or security requirements, either decreasing them or increasing them based on findings that indicate a heightened risk of willful nonappearance. In cases of increased bond requirements, a surety is permitted to surrender the defendant.