Agenda - 03-02-2021; 4-c - Presentation on Orange County Bail Reform Initiatives

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10 Notes: 1.There must be more than one prior FTA for this factor to apply. FTAs within the last two years are most relevant,as are CFAs for FTAs in cases other than minor traffic. Impaired driving is not a minor traffic case.Notwithstanding the word"recent"in this sidebar factor,magistrates may deviate from recommendations based on an older FTA history,for example,when a person has an older FTA history but was only recently released from incarceration for that offense. 2.The pattern of conduct must relate to the present offense. For example:the current charge involves drug possession and the Defendant has three priors within the last five years for misdemeanor drug or drug paraphernalia possession. 3.An offense involves domestic violence when the relationship between the parties is one of the following: • Current or former spouses • Currently or formerly lived together as if married • Currently or formerly in a dating relationship • Have a child in common • Parent(or one in parental role)/child • Grandparent/grandchild • Current or former members of the same household Note:this list is drawn from G.S. 15A-534.1,the 48-hour domestic violence hold statute. 4. For example,robbery,assault,assault by pointing a gun,and assault by strangulation. 5.This factor applies when the offense involved harm to a person(e.g.,assaultive conduct). It does not apply to offenses in which property is taken or harmed(e.g.,larceny,embezzlement,obtaining property by false pretenses,etc.). 6. For a list of offenses requiring sex offender registration,see JAMIE MARKHAM AND SHEA DENNING,NORTH CAROLINA SENTENCING HANDBOOK 2018(UNC School of Government,2018). 7.See G.S.14-208.11(a);JESSICA SMITH,NORTH CAROLINA CRIMES:A GUIDEBOOK ON THE ELEMENTS OF CRIME 268(7th Ed.2012)(discussing this offense). 8.G.S.90-95(h);SMITH,NORTH CAROLINA CRIMES,supra note 8,at 721-739(discussing trafficking offenses). 9. For example,sale and delivery of a controlled substance and possession with intent to manufacture,sell,or deliver. 10. For defendants in impaired driving cases,follow impaired driving procedures.In all other cases if a secured bond is imposed only because of this factor and the defendant remains detained,conditions must be revised without consideration of this factor when the defendant's impairment no longer presents a danger of physical injury to himself or herself or others or of damage to property,but in any event,no later than 24 hours after secured bond was set. 11.As a general rule,for this factor to apply the defendant must have actively used the firearm or deadly weapon during the charged offense,for example,pointing a gun during a robbery.Carrying concealed is an exception to this general rule.Although a single carrying concealed violation does not satisfy this factor,multiple such violations may satisfy it. 12.G.S. 15A-534(b).When making this inquiry,judicial officials should consider whether pretrial restrictions(e.g.,restrictions on travel, associations,conduct or place of abode,as well as abstention from alcohol consumption,as verified by the use of an approved continuous alcohol monitoring system),which can be imposed with a written promise,custody release or unsecured bond,can sufficiently mitigate pretrial risk.See G.S. 15A-534(a). 13. If a secured appearance bond is imposed:(1)the judicial official must consider—among other relevant factors—the defendant's ability to pay; and(2)the amount of the secured appearance bond should not exceed the amounts listed the tables shown below;if a secured bond is set in excess of these recommended maximums,reasons for doing so must be documented.Ability to pay should be assessed as to the total bond amount,not 10%that would be paid for a commercial bail bond. If a secured bond is used to detain("detention bond"),a detention bond hearing that affords the defendant appropriate procedural protections must be held before a judge on motion by the defense. 7