Supreme Court of Missouri
en banc
June 28, 2019
Effective January 1, 2020
Effective January 1, 2020
In re:
Repeal of subdivision 37.15, entitled "Right to Release – Conditions;" subdivision 37.16, entitled "Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant;" subdivision 37.17, entitled "Arrest Without Warrant;" subdivision 37.18, entitled "Officer Authorized to Accept Conditions of Release;" subdivision 37.19, entitled "Modification of Conditions of Release;" the heading title and subdivision 37.20, entitled "Right to Review of Conditions;" the heading title and subdivision 37.21, entitled "Re-Arrest of Accused;" the heading title and subdivision 37.22, entitled "Failure to Set Conditions or Setting of Excessive Conditions for Release – Application to Higher Court;" subdivision 37.23, entitled "Transmittal of Record by Clerk of the Releasing Court;" subdivision 37.24, entitled "Bonds – Where Filed – Certification by Peace Officer – Cash Bonds;" subdivision 37.42, entitled "Summons – Contents;" subdivision 37.43, entitled "Ordinance Violation – Summons or Arrest Warrant – When sssued – Failure to Appear;" subdivision 37.435, entitled "Statement of Probable Cause;" the heading title and subdivision 37.45, entitled "Warrant of Arrest – Contents;" the heading title of subdivision 37.46, entitled "Warrant of Arrest - Service;" subdivision 37.47, entitled "Initial Proceedings Before a Judge;" and subdivision 37.48, entitled "Arraignment," of Rule 37, entitled "Statutory and Ordinance Violations and Violation Bureaus," and in lieu thereof adoption of a new subdivision 37.15, entitled "Right to Release – Conditions;" a new subdivision 37.16, entitled "Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant;" a new subdivision 37.17, entitled "Arrest Without Warrant;" a new subdivision 37.18, entitled "Officer Authorized to Accept Conditions of Release;" a new subdivision 37.19, entitled "Modification of Conditions of Release;" a new heading title and a new subdivision 37.20, entitled "Release Hearing;" a new heading title and a new subdivision 37.21, entitled "Rearrest of Defendant;" a new heading title and a new subdivision 37.22, entitled "Relief From Inadequate or Excessive Conditions of Release;" a new subdivision 37.23, entitled "Transmittal of Record by Clerk of the Releasing Court;" a new subdivision 37.24, entitled "Bonds – Where Filed – Certification by Peace Officer – Cash Bonds;" a new subdivision 37.42, entitled "Summons – Contents;" a new subdivision 37.43, entitled "Ordinance Violation – Summons or Arrest Warrant – When Issued – Failure to Appear;" a new subdivision 37.435, entitled "Statement of Probable Cause;" a new heading title and a new subdivision 37.45, entitled "Warrant for Arrest – Contents;" a new heading title 37.46, entitled "Warrant for Arrest – Service;" a new subdivision 37.47, entitled "Initial Proceedings Before a Judge," and a new subdivision 37.48, entitled "Arraignment."
ORDER
1. It is ordered that effective January 1, 2020, subdivision 37.15, subdivision 37.16, subdivision 37.17, subdivision 37.18, subdivision 37.19, the heading title and subdivision 37.20, the heading title and subdivision 37.21, the heading title and subdivision 37.22, subdivision 37.23, subdivision 37.24, subdivision 37.42, subdivision 37.43, subdivision 37.435, the heading title and subdivision 37.45, the heading title of subdivision 37.46, subdivision 37.47, and subdivision 37.48 of Rule 37 be and the same are hereby repealed and a new subdivision 37.15, a new subdivision 37.16, a new subdivision 37.17, a new subdivision 37.18, subdivision 37.19, a new heading title and a new subdivision 37.20, a new heading title and a new subdivision 37.21, a new heading title and a new subdivision 37.22, a new subdivision 37.23, a new subdivision 37.24, a new subdivision 37.42, a new subdivision 37.43, a new subdivision 37.435, a new heading title and new subdivision 37.45, a new heading title of subdivision 37.46, a new subdivision 37.47, and a new subdivision 37.48 adopted in lieu thereof to read as follows:
37.15 RIGHT TO RELEASE – CONDITIONS
(a) A defendant arrested for an ordinance violation shall be entitled to be released from custody pending trial or other stage of the proceedings. The defendant is also entitled to be released pending trial de novo, review and appeal. As each court enters a judgment, it shall review the conditions of release and may modify them as provided in Rule 37.19.
(b) The defendant's release shall be upon the conditions that:
(c) The court shall release the defendant on the defendant's own recognizance subject only to the conditions under subsection (b) with no additional conditions of release unless the court determines such release will not secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses. If the court so determines, it shall set and impose additional conditions of release pursuant to this subsection.
The court shall set and impose the least restrictive condition or combination of conditions of release, and the court shall not set or impose any condition or combination of conditions of release greater than necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses.
When considering the least restrictive condition or combination of conditions of release to set and impose, the court shall first consider non-monetary conditions. Should the court determine non-monetary conditions alone will not secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses, then the court may consider monetary conditions or a combination of non-monetary and monetary conditions to satisfy the foregoing. After considering the defendant's ability to pay, a monetary condition fixed at more than is necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses, is impermissible.
If the court determines additional conditions of release are required pursuant to this subsection, it shall set and impose one or more of the following conditions of release:
(d) Should the court determine upon clear and convincing evidence that no combination of non-monetary conditions and monetary conditions will secure the safety of the community or other person, including but not limited to the victims and witnesses, then the court shall order the defendant detained pending trial or any other stage of the proceedings. A defendant so detained shall, upon written request filed after arraignment, be entitled to a trial which begins within 60 days of the defendant's request or within 60 days of an order granting a change of venue, whichever occurs later. Any request by the defendant to continue the trial beyond the 60 days shall be considered a waiver by the defendant of the right to have the trial conducted within 60 days.
(e) In determining whether to detain the defendant pursuant to subsection (d) or release the defendant with a condition or combination of conditions of release, if any, pursuant to subsection (c), the court shall base its determination on the individual circumstances of the defendant and the case. Based on available information, the court shall take into account: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant's family ties, employment, financial resources, including ability to pay, character, and mental condition; the length of the defendant's residence in the community; the defendant's record of convictions; the defendant's record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; whether the defendant was on probation, parole or release pending trial or appeal at the time the offense for which the court is considering detention or release was committed; and any validated evidentiary-based risk assessment tool approved by the Supreme Court of Missouri.
(f) A court detaining or releasing the defendant under this Rule shall enter an order stating the condition or combination of conditions of release, if any, set and imposed by the court. If the defendant is detained and unable to comply with any condition of release, the defendant shall have the right to a release hearing pursuant to Rule 37.20. At any hearing conducted under Rule 37.14 to 37.32, the court shall permit but not require either party to make a record on the defendant's financial status and ability to pay any monetary condition or other relevant issue. At such hearing, the court shall also make written findings supporting the reasons for detention or conditions set and imposed. The court shall inform the defendant of the conditions set and imposed, if any, and that the conditions of release may be revoked and the defendant detained until trial or other stage of the proceedings for violation of any of the conditions of release and that a warrant for the defendant's arrest may be issued immediately upon notification to the court of any such violation.
37.16 OFFICIALS AUTHORIZED TO SET CONDITIONS OF RELEASE – CONDITIONS TO BE STATED ON WARRANT
(a) The court, or clerk at the court's direction for a specific warrant, issuing a warrant for the arrest of any defendant shall state the condition or combination of conditions of release, if any, on the warrant for arrest.
(b) If the arrest of the defendant upon warrant occurs in a county other than that in which the ordinance violation occurred, the peace officer making the arrest shall promptly release the defendant in accordance with the release conditions or bail prescribed on the warrant, and shall provide the defendant with the court date upon which the defendant is required to appear; but if none, the peace officer shall take the defendant before a court in such county having jurisdiction of ordinance violations, to admit the defendant to bail in such sum as the court may determine will likely ensure appearance of the defendant. Bail, if taken by the peace officer making the arrest or if taken by a judge in such county, shall be promptly forwarded to the court from which the warrant was issued.
37.17 ARREST WITHOUT WARRANT
When an arrest is made without a warrant, the peace officer may accept bond within 24 hours of arrest in accordance with a bond schedule furnished by the court having jurisdiction. If the judge has not issued an arrest warrant within 24 hours of arrest, the peace officer shall release the defendant from custody.
37.18 OFFICER AUTHORIZED TO ACCEPT CONDITIONS OF RELEASE
The court that sets the conditions of release, or clerk or peace officer when authorized, may accept the conditions of release and release the defendant.
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 conditions of release when the court finds that:
(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.
37.20 RELEASE HEARING
A defendant who continues to be detained after the initial appearance under Rule 37.47 shall have the defendant's detention or conditions of release reviewed at a hearing by the court that imposed them. The hearing shall occur as soon as practicable but no later than seven days, excluding weekends and holidays, after the initial appearance, absent good cause shown by the parties or the court. At the hearing, the court shall determine if the defendant shall be detained or released as provided in Rule 37.15. Nothing herein shall prohibit a defendant from making subsequent application for review of the defendant's detention or conditions of release under Rule 37.15.
37.21 REARREST OF DEFENDANT
The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 37.15 if it shall appear to the court that:
(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or
(b) The conditions of release should be modified or new or additional conditions imposed.
A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.
A defendant who has not previously had an initial appearance under Rule 37.47 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 37.47. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
A defendant who has previously had an initial appearance under Rule 37.47 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This appearance shall be held no later than seven days excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
37.22 RELIEF FROM INADEQUATE OR EXCESSIVE CONDITIONS OF RELEASE
(a) If a court shall fail to set conditions for release or shall set inadequate or excessive conditions, an application may be filed in the appropriate court by the defendant or by the prosecutor stating the grounds for the application and the relief sought. A copy of the application and the notice of the time when it will be presented to the court shall be served on all parties.
(b) If the appropriate court finds that the defendant is entitled to be released and that no conditions of release have been set or the conditions are excessive or inadequate, the court shall make an order setting or modifying conditions for the release of the defendant.
(c) At the time of complying with the conditions of release set by the appropriate court, the defendant shall file with the clerk a signed and acknowledged written instrument in which the defendant shall specify the post office address to which all notices in connection with the case thereafter may be mailed. Proof of mailing notice to the defendant at that address shall constitute sufficient notice to the defendant in all cases where notice is required under this Rule 37.
37.23 TRANSMITTAL OF RECORD BY CLERK OF THE RELEASING COURT
When any defendant is released by a court other than the court in which the defendant is to appear, the clerk of the releasing court shall transmit a record of the release, together with any conditions of release imposed, to the clerk of the court in which the defendant released is required to appear.
37.24 BONDS – WHERE FILED – CERTIFICATION BY PEACE OFFICER – CASH BONDS
All bonds shall be filed by the clerk of the court in which the defendant is required to appear. All bonds taken by a peace officer shall be certified by such officer and transmitted to the clerk of the court in which the defendant is required to appear. When cash or securities specified in Rule 37.15 are taken, they shall be delivered to the clerk of the court in which the defendant is required to appear and deposited in the registry of the court.
37.42 SUMMONS – CONTENTS
The summons shall:
(a) Be in writing and in the name of the prosecuting county or municipality;
(b) State the name of the defendant summoned and the address, if known;
(c) Describe the ordinance violation charged;
(d) Be signed by the court, or clerk at the court's direction for a specific summons; and
(e) Command the defendant to appear before the court at a stated time and place in response thereto.
37.43 ORDINANCE VIOLATION – SUMMONS OR ARREST WARRANT –WHEN ISSUED – FAILURE TO APPEAR
When an information charging the commission of an ordinance violation and a statement of probable cause are filed pursuant to Rule 37, a summons shall be issued unless the court finds that there are:
(a) Sufficient facts stated to show probable cause that an ordinance violation has been committed, and
(b) Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the defendant poses a danger to a victim, the community, or any other person.
If the court so finds, a warrant for the arrest of the defendant may be issued. If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the prosecutor, the factors set forth in Rule 37.15(e) when setting the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c).
37.435 STATEMENT OF PROBABLE CAUSE
A statement of probable cause must be in writing and shall:
(a) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;
(b) State the date and place of the ordinance violation as definitely as can be done;
(c) State the facts that support a finding of probable cause to believe an ordinance violation was committed and that the defendant committed it;
(d) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon the summons or the defendant poses a danger to a victim, the community, or any other person;
(e) State the facts contained therein are true;
(f) Be signed and on a form bearing notice that false statements made therein are punishable by law; and
(g) Shall accompany an information when an arrest warrant is sought.
37.45 WARRANT FOR ARREST – CONTENTS
(a) The warrant for arrest must be in writing and issued in the name of the prosecuting county or municipality. It may be directed to any peace officer in the state.
(b) The warrant shall:
37.46 WARRANT FOR ARREST – SERVICE
(a) A defendant arrested for an ordinance violation shall be entitled to be released from custody pending trial or other stage of the proceedings. The defendant is also entitled to be released pending trial de novo, review and appeal. As each court enters a judgment, it shall review the conditions of release and may modify them as provided in Rule 37.19.
(b) The defendant's release shall be upon the conditions that:
(1) The defendant will appear in the court in which the case is prosecuted or appealed, from time to time as required to answer the charge;
(2) The defendant will submit to the orders, judgment and sentence, and process of the court having jurisdiction over the defendant;
(3) The defendant shall not commit any new offenses and shall not tamper with any victim or witness in the case, nor have any person do so on the defendant's behalf; and
(4) The defendant will comply fully with any and all conditions imposed by the court in granting release.
(2) The defendant will submit to the orders, judgment and sentence, and process of the court having jurisdiction over the defendant;
(3) The defendant shall not commit any new offenses and shall not tamper with any victim or witness in the case, nor have any person do so on the defendant's behalf; and
(4) The defendant will comply fully with any and all conditions imposed by the court in granting release.
(c) The court shall release the defendant on the defendant's own recognizance subject only to the conditions under subsection (b) with no additional conditions of release unless the court determines such release will not secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses. If the court so determines, it shall set and impose additional conditions of release pursuant to this subsection.
The court shall set and impose the least restrictive condition or combination of conditions of release, and the court shall not set or impose any condition or combination of conditions of release greater than necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses.
When considering the least restrictive condition or combination of conditions of release to set and impose, the court shall first consider non-monetary conditions. Should the court determine non-monetary conditions alone will not secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses, then the court may consider monetary conditions or a combination of non-monetary and monetary conditions to satisfy the foregoing. After considering the defendant's ability to pay, a monetary condition fixed at more than is necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses, is impermissible.
If the court determines additional conditions of release are required pursuant to this subsection, it shall set and impose one or more of the following conditions of release:
(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;
(2) Place restrictions on the travel, association, or place of abode of the defendant during the period of release, including the holding by the court of the defendant's passport;
(3) Require the defendant to report regularly to some officer of the court or peace officer, in such manner as the court directs;
(4) Require the use of electronic monitoring of the defendant's location, the testing of the defendant for drug or alcohol use, or the installation and use of ignition interlock devices. The court may order the eligible defendant to pay all or a portion of the costs of such conditions, but the court shall consider how best to minimize the costs to the defendant and waive the costs for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;
(5) Require the defendant to seek employment, to maintain employment, or to maintain or commence an educational program;
(6) Require the defendant to comply with a specified curfew;
(7) Require the defendant to refrain from possessing a firearm or other deadly weapon;
(8) Require the defendant to abstain from possession or use of alcohol or any controlled substance without a physician's prescription;
(9) Require the defendant to undergo available medical, psychological or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;
(10) Require the defendant to return to custody for specified hours following release for employment, school, treatment, or other limited purpose;
(11) Require the defendant to be placed on home supervision with or without the use of an electronic monitoring device. The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court shall consider how best to minimize the costs of such condition to the defendant and waive the costs and for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;
(12) Require the defendant to execute a monetary bond in a stated amount wherein the defendant promises to pay the court the stated amount should the defendant fail to appear or abide by the conditions of release;
(13) Require the execution of a monetary bond in a stated amount with sufficient sureties, or the deposit in the registry of the court of a sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;
(14) Require the execution of a monetary bond in a stated amount and the deposit in the registry of the court of 10 percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;
(15) Require the deposit of a property bond of sufficient value as approved and directed by the court;
(16) Impose other conditions necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses.
(2) Place restrictions on the travel, association, or place of abode of the defendant during the period of release, including the holding by the court of the defendant's passport;
(3) Require the defendant to report regularly to some officer of the court or peace officer, in such manner as the court directs;
(4) Require the use of electronic monitoring of the defendant's location, the testing of the defendant for drug or alcohol use, or the installation and use of ignition interlock devices. The court may order the eligible defendant to pay all or a portion of the costs of such conditions, but the court shall consider how best to minimize the costs to the defendant and waive the costs for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;
(5) Require the defendant to seek employment, to maintain employment, or to maintain or commence an educational program;
(6) Require the defendant to comply with a specified curfew;
(7) Require the defendant to refrain from possessing a firearm or other deadly weapon;
(8) Require the defendant to abstain from possession or use of alcohol or any controlled substance without a physician's prescription;
(9) Require the defendant to undergo available medical, psychological or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;
(10) Require the defendant to return to custody for specified hours following release for employment, school, treatment, or other limited purpose;
(11) Require the defendant to be placed on home supervision with or without the use of an electronic monitoring device. The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court shall consider how best to minimize the costs of such condition to the defendant and waive the costs and for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;
(12) Require the defendant to execute a monetary bond in a stated amount wherein the defendant promises to pay the court the stated amount should the defendant fail to appear or abide by the conditions of release;
(13) Require the execution of a monetary bond in a stated amount with sufficient sureties, or the deposit in the registry of the court of a sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;
(14) Require the execution of a monetary bond in a stated amount and the deposit in the registry of the court of 10 percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;
(15) Require the deposit of a property bond of sufficient value as approved and directed by the court;
(16) Impose other conditions necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses.
(d) Should the court determine upon clear and convincing evidence that no combination of non-monetary conditions and monetary conditions will secure the safety of the community or other person, including but not limited to the victims and witnesses, then the court shall order the defendant detained pending trial or any other stage of the proceedings. A defendant so detained shall, upon written request filed after arraignment, be entitled to a trial which begins within 60 days of the defendant's request or within 60 days of an order granting a change of venue, whichever occurs later. Any request by the defendant to continue the trial beyond the 60 days shall be considered a waiver by the defendant of the right to have the trial conducted within 60 days.
(e) In determining whether to detain the defendant pursuant to subsection (d) or release the defendant with a condition or combination of conditions of release, if any, pursuant to subsection (c), the court shall base its determination on the individual circumstances of the defendant and the case. Based on available information, the court shall take into account: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant's family ties, employment, financial resources, including ability to pay, character, and mental condition; the length of the defendant's residence in the community; the defendant's record of convictions; the defendant's record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; whether the defendant was on probation, parole or release pending trial or appeal at the time the offense for which the court is considering detention or release was committed; and any validated evidentiary-based risk assessment tool approved by the Supreme Court of Missouri.
(f) A court detaining or releasing the defendant under this Rule shall enter an order stating the condition or combination of conditions of release, if any, set and imposed by the court. If the defendant is detained and unable to comply with any condition of release, the defendant shall have the right to a release hearing pursuant to Rule 37.20. At any hearing conducted under Rule 37.14 to 37.32, the court shall permit but not require either party to make a record on the defendant's financial status and ability to pay any monetary condition or other relevant issue. At such hearing, the court shall also make written findings supporting the reasons for detention or conditions set and imposed. The court shall inform the defendant of the conditions set and imposed, if any, and that the conditions of release may be revoked and the defendant detained until trial or other stage of the proceedings for violation of any of the conditions of release and that a warrant for the defendant's arrest may be issued immediately upon notification to the court of any such violation.
37.16 OFFICIALS AUTHORIZED TO SET CONDITIONS OF RELEASE – CONDITIONS TO BE STATED ON WARRANT
(a) The court, or clerk at the court's direction for a specific warrant, issuing a warrant for the arrest of any defendant shall state the condition or combination of conditions of release, if any, on the warrant for arrest.
(b) If the arrest of the defendant upon warrant occurs in a county other than that in which the ordinance violation occurred, the peace officer making the arrest shall promptly release the defendant in accordance with the release conditions or bail prescribed on the warrant, and shall provide the defendant with the court date upon which the defendant is required to appear; but if none, the peace officer shall take the defendant before a court in such county having jurisdiction of ordinance violations, to admit the defendant to bail in such sum as the court may determine will likely ensure appearance of the defendant. Bail, if taken by the peace officer making the arrest or if taken by a judge in such county, shall be promptly forwarded to the court from which the warrant was issued.
37.17 ARREST WITHOUT WARRANT
When an arrest is made without a warrant, the peace officer may accept bond within 24 hours of arrest in accordance with a bond schedule furnished by the court having jurisdiction. If the judge has not issued an arrest warrant within 24 hours of arrest, the peace officer shall release the defendant from custody.
37.18 OFFICER AUTHORIZED TO ACCEPT CONDITIONS OF RELEASE
The court that sets the conditions of release, or clerk or peace officer when authorized, may accept the conditions of release and release the defendant.
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 conditions 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.
(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.
37.20 RELEASE HEARING
A defendant who continues to be detained after the initial appearance under Rule 37.47 shall have the defendant's detention or conditions of release reviewed at a hearing by the court that imposed them. The hearing shall occur as soon as practicable but no later than seven days, excluding weekends and holidays, after the initial appearance, absent good cause shown by the parties or the court. At the hearing, the court shall determine if the defendant shall be detained or released as provided in Rule 37.15. Nothing herein shall prohibit a defendant from making subsequent application for review of the defendant's detention or conditions of release under Rule 37.15.
37.21 REARREST OF DEFENDANT
The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 37.15 if it shall appear to the court that:
(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or
(b) The conditions of release should be modified or new or additional conditions imposed.
A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.
A defendant who has not previously had an initial appearance under Rule 37.47 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 37.47. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
A defendant who has previously had an initial appearance under Rule 37.47 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This appearance shall be held no later than seven days excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
37.22 RELIEF FROM INADEQUATE OR EXCESSIVE CONDITIONS OF RELEASE
(a) If a court shall fail to set conditions for release or shall set inadequate or excessive conditions, an application may be filed in the appropriate court by the defendant or by the prosecutor stating the grounds for the application and the relief sought. A copy of the application and the notice of the time when it will be presented to the court shall be served on all parties.
(b) If the appropriate court finds that the defendant is entitled to be released and that no conditions of release have been set or the conditions are excessive or inadequate, the court shall make an order setting or modifying conditions for the release of the defendant.
(c) At the time of complying with the conditions of release set by the appropriate court, the defendant shall file with the clerk a signed and acknowledged written instrument in which the defendant shall specify the post office address to which all notices in connection with the case thereafter may be mailed. Proof of mailing notice to the defendant at that address shall constitute sufficient notice to the defendant in all cases where notice is required under this Rule 37.
37.23 TRANSMITTAL OF RECORD BY CLERK OF THE RELEASING COURT
When any defendant is released by a court other than the court in which the defendant is to appear, the clerk of the releasing court shall transmit a record of the release, together with any conditions of release imposed, to the clerk of the court in which the defendant released is required to appear.
37.24 BONDS – WHERE FILED – CERTIFICATION BY PEACE OFFICER – CASH BONDS
All bonds shall be filed by the clerk of the court in which the defendant is required to appear. All bonds taken by a peace officer shall be certified by such officer and transmitted to the clerk of the court in which the defendant is required to appear. When cash or securities specified in Rule 37.15 are taken, they shall be delivered to the clerk of the court in which the defendant is required to appear and deposited in the registry of the court.
37.42 SUMMONS – CONTENTS
The summons shall:
(a) Be in writing and in the name of the prosecuting county or municipality;
(b) State the name of the defendant summoned and the address, if known;
(c) Describe the ordinance violation charged;
(d) Be signed by the court, or clerk at the court's direction for a specific summons; and
(e) Command the defendant to appear before the court at a stated time and place in response thereto.
37.43 ORDINANCE VIOLATION – SUMMONS OR ARREST WARRANT –WHEN ISSUED – FAILURE TO APPEAR
When an information charging the commission of an ordinance violation and a statement of probable cause are filed pursuant to Rule 37, a summons shall be issued unless the court finds that there are:
(a) Sufficient facts stated to show probable cause that an ordinance violation has been committed, and
(b) Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the defendant poses a danger to a victim, the community, or any other person.
If the court so finds, a warrant for the arrest of the defendant may be issued. If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the prosecutor, the factors set forth in Rule 37.15(e) when setting the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c).
37.435 STATEMENT OF PROBABLE CAUSE
A statement of probable cause must be in writing and shall:
(a) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;
(b) State the date and place of the ordinance violation as definitely as can be done;
(c) State the facts that support a finding of probable cause to believe an ordinance violation was committed and that the defendant committed it;
(d) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon the summons or the defendant poses a danger to a victim, the community, or any other person;
(e) State the facts contained therein are true;
(f) Be signed and on a form bearing notice that false statements made therein are punishable by law; and
(g) Shall accompany an information when an arrest warrant is sought.
37.45 WARRANT FOR ARREST – CONTENTS
(a) The warrant for arrest must be in writing and issued in the name of the prosecuting county or municipality. It may be directed to any peace officer in the state.
(b) The warrant shall:
(1) Contain the name of the defendant to be arrested or, if not known, any name or description by which the defendant can be identified with reasonable certainty;
(2) Describe the ordinance violation charged in the information;
(3) State the date when issued and the jurisdiction where issued;
(4) Command that the defendant named or described therein be arrested and brought, in person or by interactive video technology, before the court designated in the warrant;
(5) Specify the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c), or the determination made under Rule 37.15(d); and
(6) Be signed by the court or clerk at the court's direction for a specific warrant.
(2) Describe the ordinance violation charged in the information;
(3) State the date when issued and the jurisdiction where issued;
(4) Command that the defendant named or described therein be arrested and brought, in person or by interactive video technology, before the court designated in the warrant;
(5) Specify the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c), or the determination made under Rule 37.15(d); and
(6) Be signed by the court or clerk at the court's direction for a specific warrant.
37.46 WARRANT FOR ARREST – SERVICE
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37.47 INITIAL PROCEEDINGS BEFORE A JUDGE
(a) Initial Appearance Under Warrant Before Judge. A defendant arrested and confined under the initial warrant for any ordinance violation issued pursuant to Rule 37.43 shall be brought forthwith for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
The warrant, with proper return thereon, shall be filed with the court forthwith.
(b) Statement of Judge. Upon the defendant's initial appearance, the judge shall inform the defendant of:
The judge shall also inform the defendant that any statement made by the defendant may be used against the defendant.
(c) If the defendant is appearing after release from custody on a warrant, the court shall inform the defendant of the conditions of release and that a warrant may be issued immediately upon any violation of a condition of release. The court shall also advise the defendant of the right to apply for a modification of any conditions of release at a hearing pursuant to Rule 37.19.
(d) If the defendant is in custody after arrest on a warrant, the court shall inform the defendant of the conditions of release, if any, and determine whether the defendant can meet the conditions. If a defendant is unable to meet the conditions, then the court may modify the conditions of release if the court determines the circumstances of the defendant and the case require modification of the conditions. The court shall inform the defendant that a warrant for arrest may be issued immediately upon any violation of a condition of release. If the defendant is not released from custody following the initial appearance, the court shall advise the defendant of the right to a release hearing pursuant to Rule 37.20.
(e) If the defendant has appeared on a summons and the offense is required to be given an offense cycle number, the court shall ensure the defendant has been fingerprinted and processed by the appropriate law enforcement agency for the purposes of creating an offense cycle number.
37.48 ARRAIGNMENT
Arraignment shall be conducted in open court and shall consist of reading the information to the defendant or stating the substance of the charge and calling on the defendant to plead thereto. The defendant shall be afforded a reasonable time to examine the charge before the defendant is called upon to plead.
(a) Initial Appearance Under Warrant Before Judge. A defendant arrested and confined under the initial warrant for any ordinance violation issued pursuant to Rule 37.43 shall be brought forthwith for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
The warrant, with proper return thereon, shall be filed with the court forthwith.
(b) Statement of Judge. Upon the defendant's initial appearance, the judge shall inform the defendant of:
(1) The ordinance violation charged,
(2) The right to retain counsel,
(3) The right to request the appointment of counsel if:
(4) The right to remain silent.
(2) The right to retain counsel,
(3) The right to request the appointment of counsel if:
(A) The defendant is indigent and unable to employ counsel, and
(B) There is a possibility of a jail sentence, and
(B) There is a possibility of a jail sentence, and
(4) The right to remain silent.
The judge shall also inform the defendant that any statement made by the defendant may be used against the defendant.
(c) If the defendant is appearing after release from custody on a warrant, the court shall inform the defendant of the conditions of release and that a warrant may be issued immediately upon any violation of a condition of release. The court shall also advise the defendant of the right to apply for a modification of any conditions of release at a hearing pursuant to Rule 37.19.
(d) If the defendant is in custody after arrest on a warrant, the court shall inform the defendant of the conditions of release, if any, and determine whether the defendant can meet the conditions. If a defendant is unable to meet the conditions, then the court may modify the conditions of release if the court determines the circumstances of the defendant and the case require modification of the conditions. The court shall inform the defendant that a warrant for arrest may be issued immediately upon any violation of a condition of release. If the defendant is not released from custody following the initial appearance, the court shall advise the defendant of the right to a release hearing pursuant to Rule 37.20.
(e) If the defendant has appeared on a summons and the offense is required to be given an offense cycle number, the court shall ensure the defendant has been fingerprinted and processed by the appropriate law enforcement agency for the purposes of creating an offense cycle number.
37.48 ARRAIGNMENT
Arraignment shall be conducted in open court and shall consist of reading the information to the defendant or stating the substance of the charge and calling on the defendant to plead thereto. The defendant shall be afforded a reasonable time to examine the charge before the defendant is called upon to plead.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
4. The state courts administrator shall furnish a copy of this order to each circuit court presiding judge, each municipal division court judge, each municipal division court clerk, and such other persons as she may direct.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice