TITLE 46. CRIMINAL PROCEDURE

CHAPTER 9. BAIL

Part 1. Definition and Availability of Bail

Release Or Detention Of Defendant Pending Trial

46-9-106. Release or detention of defendant pending trial. Before a verdict has been rendered, the court shall:

(1) authorize the release of the defendant upon reasonable conditions that ensure the appearance of the defendant and protect the safety of the community or of any person; or

(2) detain the defendant when there is probable cause to believe that the defendant committed an offense for which death is a possible punishment and adequate safeguards are not available to ensure the defendant's appearance and the safety of the community.

History: En. Sec. 72, Ch. 800, L. 1991.