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8 <br /> Appendix A: Magistrate's Structured Decision-Making Tool <br /> Orange County Magistrate's Pretrial Decision-Making Process <br /> Instructions: <br /> 1. This process supplements and provides structure for the magistrate's application of G.S.15A-534.Specifically,it requires compliance with G.S. <br /> 15A-534(b),requiring a written promise,custody release or unsecured bond unless certain factors are found,creates presumptions for certain <br /> release conditions and emphasizes certain factors in the decision-making process. G.S.15A-534(c)specifies factors that must be considered when <br /> setting pretrial conditions.A number of those factors are incorporated into this decision-making process.In deciding whether to follow <br /> recommended release conditions or to deviate,magistrates should consider other factors specified in G.S.15A-534(c)including the weight of the <br /> evidence against the defendant;the person's family ties,employment character,mental condition,and length of residence in the community;and <br /> any other relevant evidence. <br /> 2. This form must be used in all cases except where a statute or local policy prescribes a different process/result. <br /> 3. When a defendant is charged with multiple offenses arising out of a continuous transaction,only one form should be completed for all offenses. <br /> 4.For defendants arrested for probation violations,do not use this process;instead proceed directly to table below entitled,Maximum Secured <br /> Appearance Bond Amounts--Probation Violations. <br /> Date: <br /> Magistrate's Name(first initial, last—no commas): <br /> Defendant's Name(first, middle, last—no commas): <br /> Case#s: (no commas): <br /> Highest Charged Offense: <br /> STEP 1:Is the defendant before you on an OFA after a FTA or after arrest in a 48-hour case with judge setting conditions by <br /> phone? <br /> ❑ No. [GO TO STEP 2] <br /> ❑ Yes[IF CHECKED ALSO CHECK ONE OF THE OPTIONS IMMEDIATELY BELOW] <br /> ❑ Set conditions as ordered by judge in OFA or by phone: <br /> ❑ written promise <br /> ❑ custody release <br /> ❑ pretrial services <br /> ❑ unsecured bond $ <br /> ❑ secured bond $ [FORM COMPLETE] <br /> ❑ Bond doubling rule in G.S. 15A-534(d1)applies;secured bond $ [FORM COMPLETE] <br /> STEP 2:Is the highest charged offense a non-DWI Class 1-3 misdemeanor? <br /> ❑ No[GO TO STEP 3] <br /> ❑ Yes <br /> ❑ Follow policy recommendation: Impose a❑written promise❑custody release or❑unsecured bond. (Note: Per local policy, <br /> written promise&custody release are preferred over unsecured bond)[FORM COMPLETE] <br /> ❑ Follow alternative recommendation:Where defendant's impairment presents a risk of injury to a person, impose a <br /> "disappearing"secured bond for up to 8 hours or until sober,to convert to a written promise after that time. [FORM <br /> COMPLETE] <br /> ❑ Deviate from recommendation to impose written promise, custody release or unsecured bond. [GO TO STEP 3] <br /> 5 <br />