§ 7-103. Release in nonbanishment cases prior to trial.
A. Any person charged with an offense, other than an offense punishable by banishment, shall, at his or her initial appearance before a Judge of the Court, have opportunity to request a bond hearing. The Judge of the Court may impose one 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 designated person or organization agreeing to supervise him or her;
2. Place restrictions on the travel, association or place of abode of the person during the period of release;
3. Require the deposit of cash as set out in the bail schedule in Section 7-102 of this Title; or
4. 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.
B. In determining which conditions of release will reasonably assure appearance, the 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 or her residence in the community, his or her record of convictions and his or her appearance at Court proceedings or of flight to avoid prosecution or failure to appear at Court proceedings.
C. A 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 or her release and shall advise him or her that a warrant for his or her arrest will be issued immediately upon any such violation.
D. A person for whom conditions of release are imposed and who after seventy-two (72) hours from the time of the release hearing continues to be detained as a result of his or her inability to meet the conditions of release, shall, upon application, be entitled to have the conditions reviewed by the Judge who imposed them. Unless the conditions of release are amended and the person is thereupon released, the Judge shall set forth in writing the reasons for requiring the conditions imposed. A person who is ordered released on a condition which required that he or she return to custody after specified hours shall, upon application, be entitled to a review by the Judge who imposed the conditions. Unless the requirement is removed and the person is thereupon released on another condition, the Judge shall set forth in writing the reasons for continuing the requirement. In the event that the Judge who imposed conditions of release is not available, any other Judge of the Court may review such conditions.
E. A Judge ordering the release of a person on any condition specified in this section may at any time amend his or her order to impose additional or different conditions of release; provided, that if the imposition of such additional or different conditions results in the detention of the person as a result of his or her inability to meet such conditions or in the release of the person on a condition requiring him or her to return to custody after specified hours, the provisions of subsection (D) of this section shall apply.
F. 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.