77-20-207. Modification of pretrial status order -- Failure to appear.
(1) A party may move to modify a pretrial status order: at any time after a pretrial status order is issued; and only upon a showing that there has been a material change in circumstances.
(2) Notwithstanding Subsection, a defendant may move to modify a pretrial status order if: (1) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued. For a motion under Subsection, there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition. (2)(a)
(3) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present. A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(4) In ruling upon a motion to modify a pretrial status order, the judge may: rely on information as provided in Subsection; 77-20-205(8) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and for a motion to modify a pretrial status order under Subsection, modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or (1) for a motion to modify a pretrial status order under Subsection, modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order. (2)
(5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when: the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions; the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and a bench warrant was issued.
(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a failure to appear.
(7) Subsectionsthrough (11) apply to a determination about pretrial release in a modified pretrial status order. 77-20-205(3)