Sample Forms and Colloquies

B. Setting bond on a probation violation:
1. When considering conditions of bond for any probation violation arising
on or after 12/1/09, always ask:
(a) “Does the Defendant have any pending felony charges?” and
(b) “What is the Defendant’s prior criminal record? Does that
record include any conviction for which the Defendant is
required to register as a sex offender or would be required to
register if convicted today?”
2. If the answer to either question is “yes” then you must make a
determination as to whether or not the Defendant poses a danger to the
community and make written findings. If you do not receive sufficient
information, then you must order that the Defendant be detained for an
additional period, up to 7 days to obtain sufficient information. If the
defendant has been held seven days from the date of arrest and the court
has been unable to obtain sufficient information to determine whether the
defendant poses a danger to the public, then the defendant must be brought
before any judicial official, who must record in writing that sufficient
information has not been provided and then must proceed with
determination of bond as in any other case.
3. If you find that the Defendant does not pose a danger, then proceed with
bond determination as in any other case.
4. If you find that the Defendant does pose a danger, then you must enter an
order denying bond pending the revocation hearing.