This type of release requires only the defendant’s promise, usually in writing, and does not require the defendant to pay any bail money. Blacks Law Dictionary (10th ed).
“If the defendant is not ordered held in custody pursuant to [MCR 6.106(B)], the court must order the pretrial release of the defendant on personal recognizance, or on an unsecured appearance bond, subject to the conditions that the defendant will appear as required, will not leave the state without permission of the court, and will not commit any crime while released, unless the court determines that such release will not reasonably ensure the appearance of the defendant as required, or that such release will present a danger to the public.” MCR 6.106(C).
“Nothing in [MCR 6.106(C)] may be construed to sanction pretrial detention nor to sanction the determination of pretrial release on the basis of race, religion, gender, economic status, or other impermissible criteria.” MCR 6.106(F)(3).
2.Release on Personal Recognizance Required
A defendant must be released on personal recognizance if he or she has been incarcerated for a period of 28 days or more (misdemeanor cases) or 180 days or more (felony cases) “to answer for the same crime or a crime based on the same conduct or arising from the same criminal episode, . . . unless the court finds by clear and convincing evidence that the defendant is likely either to fail to appear for future proceedings or to present a danger to any other person or the community.” MCR 6.004(C).1 The 28-day and 180-day periods do not include:
“(1) periods of delay resulting from other proceedings concerning the defendant, including but not limited to competency and criminal responsibility proceedings, pretrial motions, interlocutory appeals, and the trial of other charges,
(2) the period of delay during which the defendant is not competent to stand trial,
(3) the period of delay resulting from an adjournment requested or consented to by the defendant’s lawyer,
(4) the period of delay resulting from an adjournment requested by the prosecutor, but only if the prosecutor demonstrates on the record either
(a) the unavailability, despite the exercise of due diligence, of material evidence that the prosecutor has reasonable cause to believe will be available at a later date; or
(b) exceptional circumstances justifying the need for more time to prepare the state’s case,
(5) a reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run, but only if good cause exists for not granting the defendant a severance so as to enable trial within the time limits applicable, and
(6) any other periods of delay that in the court’s judgment are justified by good cause, but not including delay caused by docket congestion.” MCR 6.004(C).
“If the court determines that [a release on personal recognizance] will not reasonably ensure the appearance of the defendant as required, or will not reasonably ensure the safety of the public, the court may order the pretrial release of the defendant on the condition or combination of conditions that the court determines are appropriate including
(1) that the defendant will appear as required, will not leave the state without permission of the court, and will not commit any crime while released, and
(2) subject to any condition or conditions the court determines are reasonably necessary to ensure the appearance of the defendant as required and the safety of the public, which may include requiring the defendant to
(a) make reports to a court agency as are specified by the court or the agency;
(b) not use alcohol or illicitly use any controlled substance;
(c) participate in a substance abuse testing or monitoring program;
(d) participate in a specified treatment program for any physical or mental condition, including substance abuse;
(e) comply with restrictions on personal associations, place of residence, place of employment, or travel;
(f) surrender driver’s license or passport;[2]
(g) comply with a specified curfew;
(h) continue to seek employment;
(i) continue or begin an educational program;
(j) remain in the custody of a responsible member of the community who agrees to monitor the defendant and report any violation of any release condition to the court;
(k) not possess a firearm or other dangerous weapon;
(l) not enter specified premises or areas and not assault, beat, molest or wound a named person or persons;
(m) comply with any condition limiting or prohibiting contact with any other named person or persons. If an order under this paragraph limiting or prohibiting contact with any other named person or persons is in conflict with another court order,[3] the most restrictive provision of the orders shall take precedence until the conflict is resolved. The court may make this condition effective immediately on entry of a pretrial release order and while defendant remains in custody if the court determines it is reasonably necessary to maintain the integrity of the judicial proceedings or it is reasonably necessary for the protection of one or more named persons[;]
(n) satisfy any injunctive order made a condition of release; or
(o) comply with any other condition, including the requirement of money bail as described in [MCR 6.106(E)], reasonably necessary to ensure the defendant’s appearance as required and the safety of the public.” MCR 6.106(D).
“Nothing in [MCR 6.106(D)] may be construed to sanction pretrial detention nor to sanction the determination of pretrial release on the basis of race, religion, gender, economic status, or other impermissible criteria.” MCR 6.106(F)(3).
1.Statutory Authority for Conditional Release To Protect Named Persons
“A judge or district court magistrate may release a defendant under this subsection subject to conditions reasonably necessary for the protection of 1 or more named persons. If a judge or district court magistrate releases a defendant under this subsection subject to protective conditions, the judge or district court magistrate shall make a finding of the need for protective conditions and inform the defendant on the record, either orally or by a writing that is personally delivered to the defendant, of the specific conditions imposed and that if the defendant violates a condition of release, he or she will be subject to arrest without a warrant and may have his or her bail forfeited or revoked and new conditions of release imposed, in addition to the penalty provided under [MCL 771.3f] and any other penalties that may be imposed if the defendant is found in contempt of court.” MCL 765.6b(1).
An order releasing a defendant subject to conditions reasonably necessary for the protection of one or more named persons must contain:
•the defendant’s full name;
•the defendant’s height, weight, race, sex, date of birth, hair color, eye color, and any other identifying information the judge or district court magistrate considers appropriate;
•the date the conditions become effective;
•the date on which the order will expire; and
•a statement of the conditions imposed. MCL 765.6b(2)(a)-(e).
The court must immediately direct, in writing, that an order under MCL 765.6b(1) or MCL 765.6b(3) be entered into LEIN. The court order can be made using SCAO Form MC 240, Pretrial Release Order. MCL 765.6b(4). If the order is rescinded, it must be removed from LEIN. Id. See also MCL 765.6b(5); SCAO Form MC 239, Removal of Entry From LEIN.
“If a defendant who is charged with a crime involving domestic violence, or any other assaultive crime, is released under [MCL 765.6b(6) and MCL 765.6b(1)], the judge or district court magistrate may order the defendant to wear an electronic monitoring device as a condition of release.” MCL 765.6b(6). “In determining whether to order a defendant to wear an electronic monitoring device, the court shall consider the likelihood that the defendant’s participation in electronic monitoring will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the victim prior to trial.” Id. “A defendant described in [MCL 765.6b(6)] shall only be released if he or she agrees to pay the cost of the device and any monitoring as a condition of release or to perform community service work in lieu of paying that cost.” Id. “[I]f the court orders the defendant to carry or wear an electronic monitoring device as a condition of release as described in [MCL 765.6b(6)], the court shall also impose a condition that the defendant not purchase or possess a firearm.” MCL 765.6b(3).
2.Conditional Release Where Defendant Submitted to Preliminary Roadside Analysis
“A judge or district court magistrate may release under this subsection a defendant subject to conditions reasonably necessary for the protection of the public if the defendant has submitted to a preliminary roadside analysis that detects the presence of alcoholic liquor, a controlled substance, or other intoxicating substance, or any combination of them, and that a subsequent chemical test is pending. The judge or district court magistrate shall inform the defendant on the record, either orally or by a writing that is personally delivered to the defendant, of all of the following:
(a) That if the defendant is released under this subsection, he or she shall not operate a motor vehicle under the influence of alcoholic liquor, a controlled substance, or another intoxicating substance, or any combination of them, as a condition of release.
(b) That if the defendant violates the condition of release under subdivision (a), he or she will be subject to arrest without a warrant, shall have his or her bail forfeited or revoked, and shall not be released from custody prior to arraignment.” MCL 765.6b(7).
The court must immediately direct, in writing, that an order under MCL 765.6b(7) be entered into LEIN. MCL 765.6b(8). The court order can be made using SCAO Form MC 240, Pretrial Release Order. If the order is rescinded, it must be removed from LEIN. Id. See also MCL 765.6b(9); SCAO Form MC 239, Removal of Entry From LEIN.
3.Violation of a Bond Condition
Violation of a bond condition is punishable by criminal contempt because “a court’s decision in setting bond is a court order.” People v Mysliwiec, 315 Mich App 414, 417 (2016) (noting that “[s]pecifically, a bail decision is an interlocutory order,” and rejecting the defendant’s contention “that a defendant may not be held in contempt of court for the violation of bond conditions because they are not court orders”) (citation omitted). A “bond condition prohibiting the defendant’s use of alcohol was a court order punishable by contempt” under MCL 600.1701(g) where the trial court orally ordered that a condition of the defendant’s bond was to abstain from possession or consumption of any alcohol and “then issued written mittimuses, which required [the] defendant have no alcohol.” Mysliwiec, 315 Mich App at 418.4 See the Michigan Judicial Institute’s Contempt of Court Benchbook for additional information on criminal contempt.
“If the court determines for reasons it states on the record that the defendant’s appearance or the protection of the public cannot be otherwise assured, money bail, with or without conditions described in [MCR 6.106(D)], may be required.” MCR 6.106(E). See also MCL 765.6(1) (setting forth factors for consideration when fixing bail).
1.Required Considerations for Fixing the Amount of Bail
When setting money bail, the court should recognize the constitutional mandate that “excessive bail shall not be required . . . .” Const 1963, art 1, § 16. See also MCL 765.6(1). “Money bail is excessive if it is in an amount greater than reasonably necessary to adequately assure that the accused will appear when his [or her] presence is required.” People v Edmond, 81 Mich App 743, 747-748 (1978).
“The court in fixing the amount of the bail shall consider and make findings on the record as to each of the following:
(a) The seriousness of the offense charged.
(b) The protection of the public.
(c) The previous criminal record and the dangerousness of the person accused.
(d) The probability or improbability of the person accused appearing at the trial of the cause.” MCL 765.6(1).
“If the court fixes a bail amount under [MCL 765.6(1)] and allows for the posting of a 10% deposit bond, the person accused may post bail by a surety bond in an amount equal to 1/4 of the full bail amount fixed under [MCL 765.6(1)] and executed by a surety approved by the court.” MCL 765.6(2). See also MCR 6.106(E)(1). See Section 3.5(C)(2) for more information on the defendant’s bail options.
For example, “if the full bail amount were set at $10,000 with a 10% deposit or a $2,500 surety bond, a defendant could post bail either by paying $1,000 to the court . . . or by paying only $250 to a bond provider, who then would post a $2,500 bond with the court.” SB 151 (S-1) Bill Analysis, 5/21/04.
Committee Tip:
Note that MCR 6.106 and MCL 765.6 differ in regard to what must be placed on the record when setting bail. MCL 765.6(1) requires the court to make findings on the record with respect to each statutory factor. MCR 6.106(F)(1) only requires the court to “consider” the enumerated factors. If the court determines the defendant shall be held in custody under MCR 6.106(B) or released on conditions as provided in MCR 6.106(D) that includes money bail, the court “must state the reasons for its decision on the record.” MCR 6.106(F)(2). However, even in those circumstances, the court rule makes clear that, “[t]he court need not make a finding on each of the enumerated factors.” MCR 6.106(F)(2). To avoid potential appellate issues, it is recommended that the magistrate consider the requirements from both the court rule and the statute.
2.Defendant’s Options for Posting Money Bail
Subject to limitations specified in certain statutes,5 MCR 6.106(E)(1) provides that the court may require the defendant to:
“(a) post, at the defendant’s option,
(i) a surety bond[6] that is executed by a surety approved by the court in an amount equal to 1/4 of the full bail amount, or
(ii) bail that is executed by the defendant, or by another who is not a surety approved by the court, and secured by
[A] a cash deposit, or its equivalent, for the full bail amount, or
[B] a cash deposit of 10 percent of the full bail amount, or, with the court’s consent,
[C] designated real property; or
(b) post, at the defendant’s option:
(i) a surety bond[7] that is executed by a surety approved by the court in an amount equal to the full bail amount, or
(ii) bail that is executed by the defendant, or by another who is not a surety approved by the court, and secured by
[A] a cash deposit, or its equivalent, for the full bail amount, or, with the court’s consent,
[B] designated real property.” See also MCL 765.6(2).
Committee Tip:
Note that the court decides whether a 10% bond is appropriate, but it is the defendant’s decision whether the bond will be posted by the defendant, posted by a third party, secured by a surety approved by the court, or, with the court’s consent, secured by designated real property. The court cannot require a cash only bond in the full amount without allowing for a surety bond. MCR 6.106(E).
If the court allows the defendant to post a bond secured by real property, it “may require satisfactory proof of value and interest in [the] property[.]” MCR 6.106(E)(2).
“Nothing in [MCR 6.106(E)] may be construed to sanction pretrial detention nor to sanction the determination of pretrial release on the basis of race, religion, gender, economic status, or other impermissible criteria.” MCR 6.106(F)(3).
3.Limitations on Defendant’s Bail Options
In certain instances, a defendant may not exercise the options set out in MCR 6.106(E)(1)(a)-(b). For example, a person arrested pursuant to a bench warrant issued under MCL 552.631 for failure to pay child support, or pursuant to a felony warrant for failure to pay spousal or child support under MCL 750.165, must deposit a cash bond of not less than $500 or 25 percent of the arrearage, whichever is greater; in its discretion, the trial court may set the cash bond in an amount up to 100 percent of the arrearage, plus costs. MCL 552.631(3); MCL 750.165(3); see also MCL 552.632.
Additionally, MCL 765.6a requires the posting of “a cash bond or a surety other than the [bail] applicant if the applicant (1) [i]s charged with a crime alleged to have occurred while on bail pursuant to a bond personally executed by him [or her]; or (2) [h]as been twice convicted of a felony within the preceding [five] years.”
Interim bond occurs before arraignment. “Where permitted by law, the court may specify on the warrant the bail that an accused may post to obtain release before arraignment on the warrant[.]” MCR 6.102(F). Interim bond may be set for a person arrested for a misdemeanor or ordinance violation, with or without a warrant. See MCL 780.581; MCL 780.582; MCR 6.102(F). There is no statutory provision that provides for interim bond on felony violations as there is for misdemeanor and ordinance violations. However, MCR 6.102(F) is applicable to felony cases. See MCR 6.001(A)-(B). In addition, that provision “sets forth a . . . procedure . . . [that] authorizes in felony cases the specification on the warrant of interim bail similar to the procedure . . . authorized by statute in misdemeanor cases. See MCL 780.582 and MCL 780.585.” 1989 Staff Comment to MCR 6.102 (note, however, that staff comments are not authoritative constructions by the Michigan Supreme Court).
In some instances, interim bond may be set by law enforcement, see MCL 780.581, while in other instances, the court must set interim bond, see MCL 780.582a. These procedures and requirements are discussed in detail in the following sub-subsections. With the exception of domestic violence cases, protective conditions may not be imposed on an interim bond. MCL 780.582a. Protective conditions may only be imposed by a judge or magistrate. Id. The imposition of protective conditions in domestic violence cases is discussed in Section 3.4(D)(4). If the court wants to impose conditions on a defendant in a non-domestic violence case, the court must arraign the defendant first and then it may consider the factors outlined in MCR 6.106.8
1.Weekend Arraignment and Interim Bond
For a discussion of weekend arraignment and interim bond, see the State Court Administrative Office Memorandum, Weekend Arraignment and Interim Bond, May 7, 2015.
Generally, a person arrested without a warrant for committing a misdemeanor or city, village, or township ordinance violation that is punishable by no more than one year imprisonment, or by a fine, or both must be taken “without unnecessary delay” before the most convenient magistrate in the county where the offense was committed to answer the complaint made against him or her. MCL 780.581(1). “[A] jurisdiction that provides judicial determinations of probable cause within 48 hours of [a warrantless] arrest will, as a general matter, [be found to] comply with the promptness requirement” of the federal constitution’s Fourth Amendment. Riverside Co v McLaughlin, 500 US 44, 56 (1991). However, a probable cause determination is not automatically proper simply because it is made within 48 hours. Id. at 56. A delay of less than 48 hours may still be unconstitutional if it is an unreasonable delay. Id.
Police authorities may only hold an arrestee for more than 48 hours before arraignment if they can “‘demonstrate the existence of a bona fide emergency or other extraordinary circumstance’” that would justify the delay. People v Whitehead, 238 Mich App 1, 2 (1999), quoting Riverside, 500 US at 57. See also People v Cain (Cain I), 299 Mich App 27, 49-50 (2012), vacated in part on other grounds 495 Mich 874 (2013)9 (the defendant was not deprived of due process despite not being arraigned until three days after his arrest where “no evidence was obtained as a direct result of the ‘undue delay,’ which would have begun . . . 48 hours after [the] defendant’s arrest[;]” because the evidence against the defendant, including his statement to police and his identification from a photo lineup, was obtained within 48 hours after his arrest, “there was no evidence to suppress”).
If a magistrate is not available or an immediate trial may not be had, the arrestee may deposit an interim bond with the arresting officer, his or her direct supervisor, the sheriff, or a deputy in charge of the county jail (if the arrestee is lodged in the county jail) to guarantee the arrestee’s appearance at arraignment. MCL 780.581(2). “The bond shall be a sum of money, as determined by the officer who accepts the bond, not to exceed the amount of the maximum possible fine but not less than 20% of the amount of the minimum possible fine that may be imposed for the offense for which the person was arrested.” Id. See also People v Hardiman, 151 Mich App 115, 118 (1986).
However, MCL 780.582a sets out two circumstances in which an arrestee must not be released on interim bond. Relevant to this particular discussion,10 MCL 780.582a(1) prohibits law enforcement from accepting an interim bond where the defendant was arrested without a warrant under MCL 764.15a (arrest for assault of an individual having a child in common, household resident, dating relationship, or spouse/former spouse) or a substantially corresponding local ordinance. MCL 780.582a(1)(a). When a person is arrested without a warrant under MCL 764.15a, the person must be held until he or she can be arraigned or have interim bond set by a judge or district court magistrate. MCL 780.582a(1). See Section 3.4(D)(4) for a detailed discussion of the requirements under MCL 780.582a.
a.Generally
“Where permitted by law, the court may specify on the warrant the bail that an accused may post to obtain release before arraignment on the warrant and, if the court deems it appropriate, include as a bail condition that the arrest of the accused occur on or before a specified date or within a specified period of time after issuance of the warrant.” MCR 6.102(F) (applicable to felony cases, MCR 6.001(A)-(B)). See also MCL 765.1; MCL 765.3.
MCR 6.102(F) “authorizes in felony cases the specification on the warrant of interim bail similar to the procedure currently authorized by statute in misdemeanor cases. See MCL 780.582 and MCL 780.585.” 1989 Staff Comment to MCR 6.102. MCR 6.102(F) “further authorizes the court, in its discretion, to include an expiration date for the interim bail provision. This option permits the court to set a cut-off date, beyond which release may not be obtained, to prevent the release of a person who may be avoiding arrest. However, setting of an expiration date may also defeat the purpose of the interim bail provision if it is too short or is used in a case where the arrest of the defendant is sought solely in a passive fashion such as awaiting the defendant’s stop for a traffic offense.” 1989 Staff Comment to MCR 6.102.
“The amount of bail shall not be excessive.” MCL 765.6(1). When fixing the amount of bail, the court “shall consider and make findings on the record as to each of the following:
(a) The seriousness of the offense charged.
(b) The protection of the public.
(c) The previous criminal record and the dangerousness of the person accused.
(d) The probability or improbability of the person accused appearing at the trial of the cause.” MCL 765.6.
b.Misdemeanors and Local Ordinance Violations
“Except as otherwise provided in [MCL 780.582a], if a person is arrested with a warrant for a misdemeanor or a violation of a city, village, or township ordinance, and the misdemeanor or violation is punishable by imprisonment for not more than 1 year or by a fine, or both, the provisions of [MCL 780.581][11] shall apply, except that the interim bond shall be directed to the magistrate who has signed the warrant, or to any judge authorized to act in his or her stead.” MCL 780.582. Under MCL 780.582a and relevant to this particular discussion, law enforcement is prohibited from accepting an interim bond where the defendant was arrested with a warrant for violating MCL 750.81 or MCL 750.81a (arrest for assault/battery or assault causing serious/aggravated injury) or a substantially corresponding local ordinance. MCL 780.582a(1)(b).
“In cases arising under [MCL 780.582], the magistrate issuing the warrant may endorse on the back thereof a greater or lesser amount for an interim bond.” MCL 780.585.
For misdemeanors and local ordinance violations, “[t]he amount of bail shall be:
(a) Sufficient to assure compliance with the conditions set forth in the bail bond.
(b) Not oppressive.
(c) Commensurate with the nature of the offense charged.
(d) Considerate of the past criminal acts and conduct of the defendant.
(e) Considerate of the financial ability of the accused.
(f) Uniform whether the bail bond be executed by the person for whom bail has been set or by a surety.” MCL 780.64(1).
“If a person is charged with an offense punishable by a fine only, the amount of the bail shall not exceed double the amount of the maximum penalty.” MCL 780.64(2).
“If a person has been convicted of an offense and only a fine has been imposed, the amount of the bail shall not exceed double the amount of the fine.” MCL 780.64(3).
“If a person is arrested for an ordinance violation or a misdemeanor punishable by imprisonment for not more than 1 year or a fine, or both, and if the defendant’s operator’s or chauffeur’s license is not expired, suspended, revoked, or canceled, then the court may require the defendant, in place of other security for the defendant’s appearance in court for trial or sentencing or, in addition, to release of the defendant on personal recognizance, to surrender to the court his or her operator’s or chauffeur’s license.” MCL 780.64(4).
c.Release on Interim Cash Bail Provision Included in Warrant
“If an accused has been arrested pursuant to a warrant that includes an interim bail provision, the accused must either be arraigned promptly or released pursuant to the interim bail provision.” MCR 6.102(H) (applicable to felony cases, MCR 6.001(A)-(B)).
“The accused may obtain release by posting the bail on the warrant and by submitting a recognizance to appear before a specified court at a specified date and time, provided that
(1) the accused is arrested prior to the expiration date, if any, of the bail provision;
(2) the accused is arrested in the county in which the warrant was issued, or in which the accused resides or is employed, and the accused is not wanted on another charge;[12]
(3) the accused is not under the influence of liquor or controlled substance;[13] and
(4) the condition of the accused or the circumstances at the time of arrest do not otherwise suggest a need for judicial review of the original specification of bail.[14] MCR 6.102(H).
“Implicit in [MCR 6.102(H)] is the condition that the accused be satisfactorily identified as the person named in the warrant. Additionally, the rule does not preclude the police agency from requiring the accused to submit to photographing and fingerprinting[15] before being released.” 1989 Staff Comment to MCR 6.102.
However, MCL 780.582a sets out two circumstances in which an arrestee must not immediately be released on interim bond. Relevant to this particular discussion,16 MCL 780.582a(1) prohibits law enforcement from accepting an interim bond where the defendant was arrested with a warrant for a violation of MCL 750.81 (assault and battery) or MCL 750.81a (assault without a weapon inflicting serious or aggravated injury) or a substantially corresponding local ordinance “and the person is a spouse or former spouse of the victim of the violation, has or has had a dating relationship with the victim of the violation, has had a child in common with the victim of the violation, or is a person who resides or has resided in the same household as the victim of the violation.” MCL 780.582a(1)(b). When a person is arrested with a warrant under the conditions set out in MCL 780.582a(1)(b), the person must be held until he or she can be arraigned or have interim bond set by a judge or district court magistrate. MCL 780.582a(1). See Section 3.5(D)(4) for a detailed discussion of the requirements under MCL 780.582a.
4.Imposing Protective Conditions Before Release on Interim Bond in Domestic Violence Cases
Certain individuals are not eligible to be released on interim bond by law enforcement. MCL 780.582a(1). These individuals must “be held until [they] can be arraigned or have interim bond set by a judge or district court magistrate if either of the following applies: “(a) [t]he person is arrested without a warrant under . . . MCL 764.15a, or a local ordinance substantially corresponding to that section[,]” or “(b) [t]he person is arrested with a warrant for a violation of . . . MCL 750.81 [or MCL] 750.81a, or a local ordinance substantially corresponding to [MCL 750.81] and the person is a spouse or former spouse of the victim of the violation, has or has had a dating relationship with the victim of the violation, or is a person who resides or has resided in the same household as the victim of the violation.” MCL 780.582a(1). See also MCL 780.581(1); MCL 780.582.
Note that the protective conditions permitted by MCL 780.582a are limited to cases involving domestic violence, and the only protective condition that may be imposed is that “the person released shall not have or attempt to have contact of any kind with the victim.” MCL 780.582(2). See also State Court Administrative Office Memorandum, Changes to MCR 6.106 - Pretrial Release, November 13, 2015.
“If a judge or district court magistrate sets interim bond under [MCL 780.582a], the judge or magistrate shall consider and may impose the condition that the person released shall not have or attempt to have contact of any kind with the victim.” MCL 780.582a(2) (emphasis added). “[MCL 780.582a] does not limit the authority of judges or district court magistrates to impose protective or other release conditions under other applicable statutes or court rules.” MCL 780.582a(7).
“If a judge or district court magistrate releases under [MCL 780.582a] a person subject to protective conditions, the judge or district court magistrate shall inform the person on the record, either orally or by a writing that is personally delivered to the person, of the specific conditions imposed and that if the person violates a condition of release, he or she will be subject to arrest without a warrant and may have his or her bond forfeited or revoked and new conditions of release imposed, in addition to any other penalties that may be imposed if he or she is found in contempt of court.” MCL 780.582a(3).
“An order or amended order issued under [MCL 780.582a(3)] shall contain all of the following:
(a) A statement of the person’s full name.
(b) A statement of the person’s height, weight, race, sex, date of birth, hair color, eye color, and any other identifying information the judge or district court magistrate considers appropriate.
(c) A statement of the date the conditions become effective.
(d) A statement of the date on which the order will expire.
(e) A statement of the conditions imposed, including, but not limited to, the condition prescribed in [MCL 780.582a(3)].” MCL 780.582a(4).
“The judge or district court magistrate shall immediately direct a law enforcement agency within the jurisdiction of the court, in writing, to enter an order or amended order issued under [MCL 780.582a(3)] into the law enforcement information network [(LEIN)] as provided by . . . MCL 28.211 to [MCL 28.215].” MCL 780.582a(5). “If the order or amended order is rescinded, the judge or district court magistrate shall immediately order the law enforcement agency to remove the order or amended order from the [LEIN].” Id. See also SCAO Form MC 239, Removal of Entry From LEIN.
If a person granted conditional release on bail under MCL 765.6b or MCL 780.582a is subsequently arrested without a warrant for violating the conditions imposed, the arresting police agency or the officer in charge of the jail may release the person on interim bond if, in the opinion of the agency or officer, it is safe to do so. MCL 764.15e(3). The bond may not be more than $500 and must request the person to appear at the opening of court the next business day. Id. If the person is held for more than 24 hours before being brought before the court, “the officer in charge of the jail shall note in the jail records why it was not safe to release the defendant on interim bond[.]” Id.
“[I]f an arrestee is released on bail, development of DNA identification revealing the defendant’s unknown violent past can and should lead to the revocation of his conditional release. . . . It is reasonable in all respects for the State to use an accepted [DNA] database to determine if an arrestee is the object of suspicion in other serious crimes, suspicion that may provide a strong incentive for the arrestee to escape and flee.” Maryland v King, 569 US 435, 439, 455 (2013) (holding that the collection and analysis of an arrestee’s DNA according to Combined DNA Index System (CODIS)17 procedures “[a]s part of a routine booking procedure for serious offenses” did not violate the Fourth Amendment where the DNA sample was used to identify the arrestee as the perpetrator of an earlier unsolved rape).