77-36-2.5.   Conditions for release after arrest for domestic violence.
     (1) Upon arrest for domestic violence, a person may not be released on bail, recognizance, or otherwise prior to the close of the next court day following the arrest, unless as a condition of that release he is ordered by the court or agrees in writing that until the expiration of that time he will:
     (a) have no personal contact with the alleged victim;
     (b) not threaten or harass the alleged victim; and
     (c) not knowingly enter onto the premises of the alleged victim's residence or any premises temporarily occupied by the alleged victim.
     (2) As a condition of release, the court may order the defendant to participate in an electronic monitoring program and pay the costs associated with the program.
     (3) (a) Subsequent to an arrest for domestic violence, an alleged victim may waive in writing any or all of the requirements described in Subsection (1). Upon waiver, those requirements shall not apply to the alleged perpetrator.
     (b) A court or magistrate may modify the requirements described in Subsections (1)(a) or (c), in writing or on the record, and only for good cause shown.
     (4) (a) Whenever a person is released pursuant to Subsection (1), the releasing agency shall notify the arresting law enforcement agency of the release, conditions of release, and any available information concerning the location of the victim. The arresting law enforcement agency shall then make reasonable effort to notify the victim of that release.
     (b) (i) When a person is released pursuant to Subsection (1) based on a written agreement, the releasing agency shall transmit that information to the statewide domestic violence network described in Section 78B-7-113.
     (ii) When a person is released pursuant to Subsection (1) based upon a court order, the court shall transmit that order to the statewide domestic violence network described in Section 78B-7-113.
     (c) This Subsection (4) does not create or increase liability of a law enforcement officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
     (5) (a) If a law enforcement officer has probable cause to believe that a person has violated a court order or agreement executed pursuant to Subsection (1) the officer shall, without a warrant, arrest the alleged violator.
     (b) Any person who knowingly violates a court order or agreement executed pursuant to Subsection (1) shall be guilty as follows:
     (i) if the original arrest was for a felony, an offense under this section is a third degree felony; or
     (ii) if the original arrest was for a misdemeanor, an offense under this section is a class A misdemeanor.
     (c) City attorneys may prosecute class A misdemeanor violations under this section.
     (6) An individual who was originally arrested for a felony under this chapter and released pursuant to this section may subsequently be held without bail if there is substantial evidence to support a new felony charge against him.
     (7) At the time an arrest for domestic violence is made, the arresting officer shall provide the alleged victim with written notice containing the following information:
     (a) the requirements described in Subsection (1), and notice that those requirements shall be ordered by a court or must be agreed to by the alleged perpetrator prior to release;

     (b) notification of the penalties for violation of the court order or any agreement executed under Subsection (1);
     (c) the date and time, absent modification by a court or magistrate, that the requirements expire;
     (d) the address of the appropriate court in the district or county in which the alleged victim resides;
     (e) the availability and effect of any waiver of the requirements; and
     (f) information regarding the availability of and procedures for obtaining civil and criminal protective orders with or without the assistance of an attorney.
     (8) At the time an arrest for domestic violence is made, the arresting officer shall provide the alleged perpetrator with written notice containing the following information:
     (a) the requirements described in Subsection (1) and notice that those requirements shall be ordered by a court or must be agreed to by the alleged perpetrator prior to release;
     (b) notification of the penalties for violation of the court or any agreement executed under Subsection (1); and
     (c) the date and time absent modification by a court or magistrate that the requirements expire.
     (9) In addition to the provisions of Subsections (1) through (6), because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it is the finding of the Legislature that domestic violence crimes, as defined in Section 77-36-1, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that the alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail. If bail is denied under this Subsection (9), it shall be under the terms and conditions described in Subsections (1) through (6).

Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009