Bail Legislation Act

Introduction

This legislation ensures a structured and fair process for granting bail, with clear conditions and procedures to be followed by all parties involved. It introduces safeguards to prevent bail from being granted to those who have previously abused it. The system is intended to allow individuals wishing to contest their charges the opportunity to do so without serving a full sentence in Bolingbroke Penitentiary as though they were guilty before an appeal is even heard.

Constitutional Justification

This legislation upholds the Right to Due Process, allowing persons accused of non-heinous crimes an opportunity to avoid unnecessary detention prior to trial. It falls within the legislative authority of the San Andreas Department of Justice.

Section 1 - Eligibility Criteria

1. Charges Pressed: Bail may be granted to any individual placed under arrest for at least one felony. Individuals charged with any Grave Offence Protocol (GOP) crime are not eligible under this legislation and must have bail conditions set on the docket.
2. Legal Representation: The arrested person must have or make a good faith effort to obtain legal representation.
3. Bank Balance Check: The arrested person must allow the arresting officer to verify their bank balance (excluding transaction history).
4. Docket Appeal: The arrested person must agree to file an appeal on the docket within 72 hours of bail being granted.
5. No Prior Bail Violation: The person must not have violated bail conditions in the past.

Section 2 - Bail Request Process

1. Submission by Arresting Officer: If all eligibility criteria are met, the arresting officer submits a bail request to the Judiciary.
2. Contents of Bail Request: The bail request must include:
   • Full Name and State ID
   • Bank Balance
   • Arrest Report Number
   • Charges (with Total Time & Fine)
   • Criminal History Summary
3. Judicial Review: Any Judge or Justice may review the bail request and determine an appropriate bail amount.
4. Notification: The bail amount is relayed to the arresting officer, who informs the person arrested and their lawyer.
5. Acceptance or Decline: The person may accept or decline bail. A sponsor may pay bail on their behalf, provided the sponsor is present and capable of payment.

Section 3 - Bail Payment and Forfeiture

1. Payment of Bail: Upon payment, the person shall be immediately released from police custody. The bail amount is billed directly to the person.
2. Forfeiture of Bail: If bail conditions are violated, or if the appeal is not filed within 72 hours, a warrant for arrest shall be issued and the bail amount forfeited.
3. Refund of Bail: Upon completion of the appeal, the bail amount shall be refunded regardless of verdict.

Section 4 - Standard Bail Conditions

• Residence: The person shall not change residence without court permission.
• Controlled Substances: The person shall not use or possess illegal drugs without prescription and must submit to drug testing if ordered.
• Weapons: The person shall not possess, carry, or control any weapon.
• Cooperation: The person shall cooperate with Law Enforcement and the Court at all times.
• Law and Conduct: The person must comply with all laws and institutional rules.
• Search: The person shall submit to reasonable searches of their person or vehicle at any time upon lawful cause.
• Bail Officer: This is a person/s within Law Enforcement who will oversea their bail.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson