Release of Defendant When Judge Not Available

Release of Defendant When Judge Not Available. If a person is taken into custody by an officer to be taken before a judge or court pursuant to this Division and no judge is available at the time of arrest, and there is no bail schedule established by the judge or court or no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the judge or court, the person shall be released from custody upon the issuance to the person of a traffic citation, as provided in 9 CMC § 1304. Source: PL 3-61, § 1 (§ 119); amended by PL 20-45 § 3(e) (Mar. 14, 2018), modified. Commission Comment: PL 20-45 included the following Statutory Construction section: “Section 4. Statutory Construction. The provisions of this Act shall be construed to effectuate its remedial purposes.” In codifying PL 20-45, the Commission capitalized “division” pursuant to 1 CMC § 3806(f).