(1) In exercising the discretion mentioned in section 16-4-104, the judge shall release the accused person upon personal recognizance if the charge is any offense for a violation of which the maximum penalty does not exceed six months' imprisonment, and the accused person shall not be required to supply a surety bond, or give security of any kind for their appearance for trial other than their personal recognizance, unless one or more of the following facts are found to be present: (a) The arrested person fails to sufficiently identify himself or herself; or (b) The arrested person refuses to sign a personal recognizance; or (c) The continued detention or posting of a surety bond is necessary to prevent imminent bodily harm to the accused or to another; or (d) The arrested person has no ties to the jurisdiction of the court reasonably sufficient to assure his or her appearance, and there is substantial likelihood that he or she will fail to appear for trial if released upon his or her personal recognizance; or (e) The arrested person has previously failed to appear for trial for an offense concerning which he or she had given his written promise to appear; or (f) There is outstanding a warrant for his or her arrest on any other charge or there are pending proceedings against him or her for suspension or revocation of parole or probation. (2) (a) For a defendant charged with a traffic offense, a petty offense, or a comparable municipal offense, a court shall not impose a monetary condition of release. If the comparable municipal offense is a property crime and the factual basis reflects a value of property loss or damage that would be a petty offense property crime if charged under state law, this subsection (2)(a) applies. (b) For a defendant charged with a municipal offense for which there is no comparable state misdemeanor offense, the court shall not impose a monetary condition of release. (c) After arrest, but prior to an individual consideration of bond by a judge, bonding commissioner, judicial officer, or judicial designee with the power to set conditions of release, this subsection (2) does not prohibit the release of a defendant pursuant to local pretrial release policies, including those that require payment of a monetary condition of release, if the defendant is first informed that the defendant is entitled to release on a personal recognizance bond. (d) Nothing in this subsection (2) prohibits the issuance of a warrant with monetary conditions of bond for a defendant who fails to appear in court as required or who violates a condition of release. If a defendant is unable to post the monetary condition of bond prior to the next individualized consideration of bond, the judge, bonding commissioner, judicial officer, or judicial designee with the power to set conditions of release shall release the person on personal recognizance. (e) The provisions of this subsection (2) do not apply to: (I) A traffic offense involving death or bodily injury or a municipal offense with substantially similar elements; (II) Eluding or attempting to elude a police officer as described in section 42-4-1413 or a municipal offense with substantially similar elements; (III) Operating a vehicle after circumventing an interlock device as described in section 42-2-132.5 (10) or a municipal offense with substantially similar elements; and (IV) A municipal offense that has substantially similar elements to a state misdemeanor offense.
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