Missouri Revised Statutes
Chapter 544
Arrest, Examination, Commitment and Bail
←544.440
Section 544.455.1
544.456→
August 28, 2015
Release of person charged, when--conditions which may be imposed.
544.455. 1. Any person charged with a bailable offense, at his or
her appearance before an associate circuit judge or judge may be ordered
released pending trial, appeal, or other stage of the proceedings against
him on his personal recognizance, unless the associate circuit judge or
judge determines, in the exercise of his discretion, that such a release
will not reasonably assure the appearance of the person as required. When
such a determination is made, the associate circuit judge or judge may
either in lieu of or in addition to the above methods of release, impose
any or any combination of the following conditions of release which will
reasonably assure the appearance of the person for trial:
(1) Place the person in the custody of a designated person or
organization agreeing to supervise him;
(2) Place restriction on the travel, association, or place of abode
of the person during the period of release;
(3) Require the execution of a bail bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof;
(4) Require the person to report regularly to some officer of the
court, or peace officer, in such manner as the associate circuit judge or
judge directs;
(5) Require the execution of a bond in a given sum and the deposit in
the registry of the court of ten percent, or such lesser percent as the
judge directs, of the sum in cash or negotiable bonds of the United States
or of the state of Missouri or any political subdivision thereof;
(6) Place the person on house arrest with electronic monitoring;
except that all costs associated with the electronic monitoring shall be
charged to the person on house arrest. If the judge finds the person
unable to afford the costs associated with electronic monitoring, the judge
may order that the person be placed on house arrest with electronic
monitoring if the county commission agrees to pay from the general revenue
of the county the costs of such monitoring. If the person on house arrest
is unable to afford the costs associated with electronic monitoring and the
county commission does not agree to pay the costs of such electronic
monitoring, the judge shall not order that the person be placed on house
arrest with electronic monitoring;
(7) Impose any other condition deemed reasonably necessary to assure
appearance as required, including a condition requiring that the person
return to custody after specified hours.
2. In determining which conditions of release will reasonably assure
appearance, the associate circuit judge or judge shall, on the basis of
available information, take into account the nature and circumstances of
the offense charged, the weight of the evidence against the accused, the
accused's family ties, employment, financial resources, character and
mental condition, the length of his residence in the community, his record
of convictions, and his record of appearance at court proceedings or flight
to avoid prosecution or failure to appear at court proceedings.
3. An associate circuit judge or judge authorizing the release of a
person under this section shall issue an appropriate order containing a
statement of the conditions imposed, if any, shall inform such person of
the penalties applicable to violations of the conditions of his release and
shall advise him that a warrant for his arrest will be issued immediately
upon any such violation.
4. A person for whom conditions of release are imposed and who after
twenty-four hours from the time of the release hearing continues to be
detained as a result of his inability to meet the conditions of release,
shall, upon application, be entitled to have the condition reviewed by the
associate circuit judge or judge who imposed them. The motion shall be
determined promptly.
5. An associate circuit judge or judge ordering the release of a
person on any condition specified in this section may at any time amend his
order to impose additional or different conditions of release; except that,
if the imposition of such additional or different conditions results in the
detention of the person as a result of his inability to meet such
conditions or in the release of the person on a condition requiring him to
return to custody after specified hours, the provisions of subsection 4 of
this section shall apply.
6. Information stated in, or offered in connection with, any order
entered pursuant to this section need not conform to the rules pertaining
to the admissibility of evidence in a court of law.
7. Nothing contained in this section shall be construed to prevent
the disposition of any case or class of cases by forfeiture of collateral
security where such disposition is authorized by the court.
8. Persons charged with violations of municipal ordinances may be
released by a municipal judge or other judge who hears and determines
municipal ordinance violation cases of the municipality involved under the
same conditions and in the same manner as provided in this section for
release by an associate circuit judge.
9. A circuit court may adopt a local rule authorizing the pretrial
release on electronic monitoring pursuant to subdivision (6) of subsection
1 of this section in lieu of incarceration of individuals charged with
offenses specifically identified therein.
(L. 1972 H.B. 1160, A.L. 1978 H.B. 1634, A.L. 2011 H.B. 111, A.L. 2013
H.B. 215 merged with H.B. 374 & 434 merged with S.B. 327)
2011
1991
2011
544.455. 1. Any person charged with a bailable offense, at his or
her appearance before an associate circuit judge or judge may be ordered
released pending trial, appeal, or other stage of the proceedings against
him on his personal recognizance, unless the associate circuit judge or
judge determines, in the exercise of his discretion, that such a release
will not reasonably assure the appearance of the person as required. When
such a determination is made, the associate circuit judge or judge may
either in lieu of or in addition to the above methods of release, impose
any or any combination of the following conditions of release which will
reasonably assure the appearance of the person for trial:
(1) Place the person in the custody of a designated person or
organization agreeing to supervise him;
(2) Place restriction on the travel, association, or place of abode
of the person during the period of release;
(3) Require the execution of a bail bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof;
(4) Require the person to report regularly to some officer of the
court, or peace officer, in such manner as the associate circuit judge or
judge directs;
(5) Require the execution of a bond in a given sum and the deposit in
the registry of the court of ten percent, or such lesser percent as the
judge directs, of the sum in cash or negotiable bonds of the United States
or of the state of Missouri or any political subdivision thereof;
(6) Place the person on house arrest with electronic monitoring,
except that all costs associated with the electronic monitoring shall be
charged to the person on house arrest. If the judge finds the person
unable to afford the costs associated with electronic monitoring, then the
judge shall not order that the person be placed on house arrest with
electronic monitoring;
(7) Impose any other condition deemed reasonably necessary to assure
appearance as required, including a condition requiring that the person
return to custody after specified hours.
2. In determining which conditions of release will reasonably assure
appearance, the associate circuit judge or judge shall, on the basis of
available information, take into account the nature and circumstances of
the offense charged, the weight of the evidence against the accused, the
accused's family ties, employment, financial resources, character and
mental condition, the length of his residence in the community, his record
of convictions, and his record of appearance at court proceedings or flight
to avoid prosecution or failure to appear at court proceedings.
3. An associate circuit judge or judge authorizing the release of a
person under this section shall issue an appropriate order containing a
statement of the conditions imposed, if any, shall inform such person of
the penalties applicable to violations of the conditions of his release and
shall advise him that a warrant for his arrest will be issued immediately
upon any such violation.
4. A person for whom conditions of release are imposed and who after
twenty-four hours from the time of the release hearing continues to be
detained as a result of his inability to meet the conditions of release,
shall, upon application, be entitled to have the condition reviewed by the
associate circuit judge or judge who imposed them. The motion shall be
determined promptly.
5. An associate circuit judge or judge ordering the release of a
person on any condition specified in this section may at any time amend his
order to impose additional or different conditions of release; except that,
if the imposition of such additional or different conditions results in the
detention of the person as a result of his inability to meet such
conditions or in the release of the person on a condition requiring him to
return to custody after specified hours, the provisions of subsection 4
shall apply.
6. Information stated in, or offered in connection with, any order
entered pursuant to this section need not conform to the rules pertaining
to the admissibility of evidence in a court of law.
7. Nothing contained in this section shall be construed to prevent
the disposition of any case or class of cases by forfeiture of collateral
security where such disposition is authorized by the court.
8. Persons charged with violations of municipal ordinances may be
released by a municipal judge or other judge who hears and determines
municipal ordinance violation cases of the municipality involved under the
same conditions and in the same manner as provided in this section for
release by an associate circuit judge.
9. A circuit court may adopt a local rule authorizing the pretrial
release on electronic monitoring pursuant to subdivision (6) of subsection
1 of this section in lieu of incarceration of individuals charged with
offenses specifically identified therein.
1991
544.455. 1. Any person charged with a bailable offense, at his
appearance before an associate circuit judge or judge may be ordered released
pending trial, appeal, or other stage of the proceedings against him on his
personal recognizance, unless the associate circuit judge or judge
determines, in the exercise of his discretion, that such a release will not
reasonably assure the appearance of the person as required. When such a
determination is made, the associate circuit judge or judge may either in
lieu of or in addition to the above methods of release, impose any or any
combination of the following conditions of release which will reasonably
assure the appearance of the person for trial:
(1) Place the person in the custody of a designated person or
organization agreeing to supervise him;
(2) Place restriction on the travel, association, or place of abode of
the person during the period of release;
(3) Require the execution of a bail bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof;
(4) Require the person to report regularly to some officer of the court,
or peace officer, in such manner as the associate circuit judge or judge
directs;
(5) Require the execution of a bond in a given sum and the deposit in the
registry of the court of ten percent, or such lesser percent as the judge
directs, of the sum in cash or negotiable bonds of the United States or of
the state of Missouri or any political subdivision thereof;
(6) Impose any other condition deemed reasonably necessary to assure
appearance as required, including a condition requiring that the person
return to custody after specified hours.
2. In determining which conditions of release will reasonably assure
appearance, the associate circuit judge or judge shall, on the basis of
available information, take into account the nature and circumstances of the
offense charged, the weight of the evidence against the accused, the
accused's family ties, employment, financial resources, character and mental
condition, the length of his residence in the community, his record of
convictions, and his record of appearance at court proceedings or flight to
avoid prosecution or failure to appear at court proceedings.
3. An associate circuit judge or judge authorizing the release of a
person under this section shall issue an appropriate order containing a
statement of the conditions imposed, if any, shall inform such person of the
penalties applicable to violations of the conditions of his release and shall
advise him that a warrant for his arrest will be issued immediately upon any
such violation.
4. A person for whom conditions of release are imposed and who after
twenty-four hours from the time of the release hearing continues to be
detained as a result of his inability to meet the conditions of release,
shall, upon application, be entitled to have the condition reviewed by the
associate circuit judge or judge who imposed them. The motion shall be
determined promptly.
5. An associate circuit judge or judge ordering the release of a person
on any condition specified in this section may at any time amend his order to
impose additional or different conditions of release; except that, if the
imposition of such additional or different conditions results in the
detention of the person as a result of his inability to meet such conditions
or in the release of the person on a condition requiring him to return to
custody after specified hours, the provisions of subsection 4 shall apply.
6. Information stated in, or offered in connection with, any order
entered pursuant to this section need not conform to the rules pertaining to
the admissibility of evidence in a court of law.
7. Nothing contained in this section shall be construed to prevent the
disposition of any case or class of cases by forfeiture of collateral
security where such disposition is authorized by the court.
8. Persons charged with violations of municipal ordinances may be
released by a municipal judge or other judge who hears and determines
municipal ordinance violation cases of the municipality involved under the
same conditions and in the same manner as provided in this section for
release by an associate circuit judge.
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.
