Rule 38-17. Hearing on Motion or Application for Modification of Bail

(a) Upon the filing and service of such motion or application, the judicial authority shall, with reasonable promptness, conduct a hearing to determine whether the terms and conditions of release should be continued, modified or set. The judicial authority shall release the defendant subject to and in accordance with the provisions of Section 38-4 upon the first of the following conditions of release found sufficient to provide reasonable assurance of the appearance of the defendant in court:

(1) The defendant's execution of a written promise to appear;

(2) The defendant's execution of a bond without surety in no greater amount than necessary;

(3) The defendant's deposit with the clerk of the court of an amount equal to 7 percent of the surety bond set, pursuant to Section 38-8;

(4) The defendant's execution of a bond with surety in no greater amount than necessary.

(b) If, after such hearing, the judicial authority relieves a surety of his or her undertaking on a bond, it may enter such order contingent upon the return of such portion of the bond fee as it deems equitable.

Committee Notes

(P.B. 1978-1997, Sec. 676.)