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Supreme Court Rules
Section/Rule:
37.19
Subject:
Rule 37 - Statutory and Ordinance Violations and Violation Bureaus
Publication / Adopted Date:
May 14, 1985
Topic:
Modification of Conditions of Release
Revised / Effective Date:
January 1, 2020
37.19
Modification of Conditions of Release
(
a
)
Upon motion by the prosecutor or by the defendant, or upon the court’s own motion, the court, after notice to the parties and hearing, may modify the condition of release when the court finds that:
(1) New, different, or additional requirements for release are necessary;
(2) The conditions of release that have been set are excessive;
(3) The defendant has failed to comply with or has violated the conditions of release; or
(4) The defendant has been convicted of the ordinance violation charged and sentenced to confinement.
(
b
)
When the court increases the conditions of release or new conditions of release are set and imposed, the court may remand the defendant to the custody of the corrections official until compliance with the modified conditions. If the defendant is not in custody, the court may order that a warrant for the defendant's arrest be issued.
(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended Dec. 23, 2003, eff. Jul. 1, 2004; June 29, 2018, eff. Jan. 1, 2019; Jun. 28, 2019, eff. Jan. 1, 2020.)
{Formerly titled “Right to Review of Conditions.
”
}