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(c) (b) Defendants Eligible for Release by Commissioner or<br />

Judge<br />

Except In accordance with this Rule <strong>and</strong> Code, Criminal<br />

Procedure Article, §§5-101 <strong>and</strong> 5-201 <strong>and</strong> except as otherwise<br />

provided in section (d) (c) of this Rule or by law Code, Criminal<br />

Procedure Article, §§5-201 <strong>and</strong> 5-202, a defendant is entitled to<br />

be released before verdict in conformity with this Rule on<br />

personal recognizance or with on bail, in either case with or<br />

without conditions imposed, one or more conditions imposed unless<br />

the judicial officer determines that no condition of release will<br />

reasonably assure ensure (1) the appearance of the defendant as<br />

required <strong>and</strong> (2) the safety of the alleged victim, another<br />

person, <strong>and</strong> the community.<br />

Cross reference: See Code, Criminal Procedure Article, §5-101<br />

(c) concerning defendants who may not be released on personal<br />

recognizance.<br />

(d) (c) Defendants Eligible for Release Only by a Judge<br />

A defendant charged with an offense for which the maximum<br />

penalty is death or life imprisonment or with an offense listed<br />

under Code, Criminal Procedure Article, §5-202 (a), (b), (c),<br />

(d), or (e) may not be released by a District Court Commissioner,<br />

but may be released before verdict or pending a new trial, if a<br />

new trial has been ordered, if a judge determines that all<br />

requirements imposed by law have been satisfied <strong>and</strong> that one or<br />

more conditions of release will reasonably assure ensure (1) the<br />

appearance of the defendant as required <strong>and</strong> (2) if the defendant<br />

is charged with an offense listed under Code, Criminal Procedure<br />

-122-

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