§ 54-23. Bail.

(a)

Any person detained or imprisoned for the commission of a crime as defined in this chapter shall be entitled to bail at the earliest practical time after such detention or imprisonment.

(b)

The judges of the municipal and traffic court shall cause to be published a bail schedule as specified in this subsection and subsections (c) and (d), below. The schedule shall be equally available to booking officers, defendants, and their attorneys and prosecutors. The schedule shall be consistent and in accordance with existing state law.

(c)

For all municipal offenses not specified in section (d), the bail schedule shall direct that the defendant shall be released on his or her own recognizance, without the requirement of posting any financial obligation. Such defendants are to be released from custody immediately after booking. They are to be directed to appear in the municipal and traffic court for their initial appearance hearing on the next business day.

(d)

For the municipal offenses specified in this section, the bail schedule shall direct that the defendant is to be detained until the initial appearance hearing, which is to be held no later than 24 hours after the time of booking. The specified offenses are: Sec. 54-96—Battery; Sec. 54-97—Assault; Sec. 54-341—Illegal carrying of weapons; Sec. 54-444—Impersonating a Peace Officer; and Sec. 54-526—Domestic Violence.

(e)

At the initial appearance hearing of all defendants, whether appearance is a result of subsection (c) or (d), the court must determine whether there is a substantial risk that the defendant may flee or poses an imminent danger to any other person or the community.

(1)

Absent such a finding, the court shall release the defendant on his or her own recognizance.

(2)

If there is such a finding:

i.

The court shall impose the least restrictive non-financial release conditions, tailored specifically to address the risk of flight or danger to the community, including peace bonds, stay away orders and protective orders. For any person who qualifies for indigent defense, or does not have the present ability to pay, the court may not set a non-financial release condition that requires fees or costs to be paid by the defendant.

ii.

Should the court impose a secured financial condition, the court must make an inquiry into the defendant's ability to pay and a finding that the person has the present ability to pay the amount set. If the court does impose a secured financial condition, in no event shall the bond exceed $2,500.00.

(3)

The court shall state on the record the basis for any and all bail or release obligations imposed by the court.

(f)

No defendant awaiting trial, after the initial appearance hearing, shall be detained only because they do not have enough money to post bond. No defendant may be detained because of failure to abide by a non-financial release condition due to inability to pay. Neither the court nor any agent thereof may impose a financial condition that results in the pretrial detention of any person after the initial appearance hearing, except as provided in section (g) below.

(g)

(1)

If a person who has been released on recognizance under this ordinance is later arrested and detained for another violation of the New Orleans Municipal Code or on a warrant for failure to appear during the pendency of the earlier charge, the sheriff shall bring that person to the initial appearance hearing to be held on later than 24 hours after arrest.

(2)

If the court determines after a hearing that a defendant has willfully failed to appear for a court date in the present proceeding and that all previous attempts at imposing non-financial conditions have failed to ensure the defendant's presence in court, the court may set a financial bail.

(Code 1956, § 42-4; M.C.S., Ord. No. 27232, § 1, 1-12-17; M.C.S., Ord. No. 27565, § 1, 10-26-17)

State law reference

Bail, R.S. 15:81 et seq.