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justice system for any court appearances or other matters
concerning the charges. Therefore, the Rules Committee has
retained the concept of personal recognizance in section (a).
In section (b), Defendants Eligible for Release by
Commissioner or Judge, references to Code, Criminal Procedure
Article, §§ 5-101, 5-201, and 5-202 have been added, and the
section has been restyled to make clear that the judicial officer
may impose conditions not only on a defendant who is released on
bail but also on a defendant who is released on personal
recognizance pursuant to this section of the Rule. The cross
reference following section (b) is deleted as unnecessary, in
light of the inclusion of the Code references in the text of
section (b).
Identical language concerning conditions of release that
“will reasonably ensure (1) the appearance of the defendant as
required and (2) the safety of the alleged victim, another
person, and the community” has been included in sections (b) and
(c). Where references to one or both components of this standard
are made in other sections of the Rule, the language is conformed
to that of sections (b) and (c).
Subsection (1) of section (d), Duties of Judicial Officer,
sets forth a list of factors for the judicial officer to take
into account in determining whether a defendant should be
released and the conditions of any release. In the introductory
clause, the word “shall” replaces the word “may,” requiring the
judicial officer to take into account certain information “to the
extent available.” Subsection (d)(1)(F) is amended to include
any information presented by the defendant, as well as by the
defendant’s counsel. A new sentence is added to subsection
(d)(4) requiring the judicial officer to state on the record or
in writing the amount and terms of any bail.
The Rules Committee is presenting several alternatives for
the wording of the bail bond provision in subsection (e)(4). One
alternative, which is the recommendation of the Rules Committee,
includes language stating that if the judicial officer sets bail
at $2500 or less, the judicial officer shall advise the defendant
that he or she may post a bail bond secured either by a corporate
surety or by a cash deposit of 10% of the full penalty amount.
Another alternative is that the judicial officer must explain in
writing when the judicial officer sets a greater amount of bail
than 10% of the full penalty amount. Both of these alternatives
are in response to complaints by defense attorneys and the
Pretrial Release Project Advisory Committee that commissioners do
not choose the 10% option. The alternatives expand on the types
of bail allowed because of an overlap between subsections
(e)(4)(B) and (e)(4)(C). Both versions include an increase from
$25.00 to $100.00 in the minimum amount of collateral security
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