NC H90

Amends G.S. 15A-534 to reinstate judicial discretion in setting pretrial release conditions for defendants with prior failures to appear.

When a defendant has failed to appear on prior occasions, judicial officials must at minimum impose conditions recommended in the most recent arrest order for that failure.

If the prior arrest order contains no recommended conditions, the judicial official shall impose conditions in accordance with standard pretrial release procedures rather than being bound to specific bond amounts.

Judicial officials must impose travel, association, conduct, and residence restrictions to ensure the defendant does not fail to appear again, and must document on the release order that the defendant was arrested or surrendered after a prior failure to appear.

The act becomes effective December 1, 2023, and applies to all pretrial release conditions imposed on or after that date.