by Prosecutor; Additional Restrictions Listed. (a) At the first appearance or at any time thereafter, upon the application of the prosecuting attorney and a showing that there exists a danger that the person charged will commit an offense or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judge may issue an order which: (1) prohibits the person charged from approaching or communicating with particular persons or classes of persons, except that the order shall not be deemed to prohibit any lawful and ethical activity of the person’s counsel; (2) prohibits the person charged from going to certain described geographical areas or premises; (3) prohibits the person charged from possessing any dangerous weapon, or engaging in certain described activities, or indulging in intoxicating liquors or in certain drugs; (4) requires the person charged to report regularly to and remain under the supervision of an officer of the court; (5) requires the person charged to undergo drug testing under the supervision of an officer of the court; (6) requires the person charged to be placed under supervision by means of electronic monitoring, subject to
the payment of fees or the exemption of fees, and subject to other rules established by the court for electronic monitoring; or (7) requires the person charged with family violence or violation of a protective order to undergo a lethality risk assessment or other risk assessments deemed appropriate by the court. (b) For any person charged with family violence, a judge may issue an order for electronic monitoring or an order for risk assessment without application of the prosecuting attorney. (c) The person charged shall execute an acknowledgment of the order and be given a copy of the order at that time. SOURCE: Added by P.L. 13-186 (Sept. 2, 1976). Subsection (a)(5) added by P.L. 24-239:14 (Aug. 14, 1998) (Family Violence Act of 1988). Amended by P.L. 34-071:5 (Dec. 15, 2017). 2018 NOTES: Pursuant to P.L. 34-071:6: Section 6. Effective Date. This Act shall become effective six (6) months from the date of enactment. Prior to the amendment by P.L. 34-071:5, this section previously read as: (a) At the first appearance or at any time thereafter, upon the application of the prosecuting attorney and a showing that there exists a danger that the person charged will commit an offense or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judge may issue an order which: (1) prohibits the person charged from approaching or communicating with particular persons or classes of persons, except that the order shall not be deemed to prohibit any lawful and ethical activity of the person's counsel; (2) prohibits the person charged from going to certain described geographical areas or premises; (3) prohibits the person charged from possessing any dangerous weapon, or engaging in certain described activities or indulging in intoxicating liquors or in certain drugs;
(4) requires the person charged to report regularly to and remain under the supervision of an officer of the court. (5) require the person charged to undergo drug testing under the supervision of an officer of the Court. (b) The person charged shall execute an acknowledgment of the order and be given a copy of the order at that time. NOTE: Section 40.60 is new. It is based on ABA, Project on Minimum Standards for Criminal Justice Pretrial Release § 5.5 (Approved draft 1968). It supplements the authority to impose conditions granted by § 40.20 and makes explicit the court's power to impose reasonable restrictions on the accused's activities pending trial. See also 18 U.S.C. § 3146(e). The purpose of this Section is to prohibit acts before they occur. The section is distinguished in this respect from § 40.75 which deals with a violation of the court's order or other changes in circumstances.