§ 62-31. Bail established under certain circumstances.

(a)

For offenses under the jurisdiction of the Atlanta Municipal Court, except as set forth in subsections 62-31 (b), (c), (d) and (f) below, the chief of corrections or the chief's designated representative shall release the accused from the Atlanta City Detention Center on their own recognizance or signature, without the requirement of posting any financial obligation prior to release. The chief of corrections or his designee shall release all such persons from custody immediately after booking. All such persons shall be provided with a written directive regarding the time and date that they must appear before the municipal court.

(b)

For any offense containing an element of violence or threatened violence against a person, the defendant is to be detained until the initial appearance hearing, which shall be held as soon as practicable, but in no event later than 48 hours after the time of the arrest, or 72 hours after the time of arrest where the arrest occurs pursuant to a warrant. For purposes of this subsection 62-31(b), the following shall be deemed an "offense containing an element of violence or threatened violence:"

(1)

City ordinance 106-81.1: Disorderly conduct- Act of violence toward another

(2)

City ordinance 106-81.3: Disorderly conduct - Fighting

(3)

City ordinance 106-81.7: Disorderly conduct- Physical obstruction of another

(4)

O.C.G.A. § 40-6-391: Driving under the influence

(5)

An offense which is bailable only before a judge of Georgia superior court

(6)

Other offenses which the corrections chief reasonably believes involve violence or the threat of violence to a person

(7)

Any citation that includes "DV" (domestic violence) written by the arresting officer at any location on the ticket regardless of the offense charged

(8)

Idling and loitering for illicit sex

(9)

A defendant who is currently serving probation or parole, regardless of the current offense

(c)

If a person who has been released on a recognizance or signature bond under this ordinance is later arrested and thereafter booked into the Atlanta City Detention Center for an offense under the jurisdiction of the municipal court prior to the disposition of the earlier charge, the chief of corrections or the chiefs designee shall bring that person to the initial appearance hearing to be held as soon as practicable, but in no event later than 48 hours after arrest, or 72 hours after the time of arrest where the arrest occurs pursuant to a warrant.

(d)

If a person who has been released on a recognizance or signature bond under this ordinance is later arrested and detained on a warrant for failure to appear in the municipal court during the pendency of the earlier charge, the chief of corrections or his designee shall bring that person to the initial appearance hearing to be held as soon as practicable, but in no later than 48 hours after arrest, or 72 hours after the time of arrest where the arrest occurs pursuant to a warrant.

(e)

In cases where the municipal court conducts an initial appearance hearing pursuant to subsections (b), (c), or (d) above, and requires a cash bond or other secured financial obligation as a condition of pre-trial release, the court's written determination shall include a finding regarding the defendant's present ability to pay the financial condition set. The municipal court shall not establish a financial condition for pre-trial release that results in a defendant being detained solely because he or she does not have enough money to meet the financial requirement. Nothing in this chapter shall limit the authority of a municipal court judge to impose any nonfinancial condition of release in accordance with existing law.

(f)

Nothing in this chapter shall prohibit the acceptance of bond set by an extra jurisdictional court.

(g)

The chief judge of the municipal court is authorized to promulgate rules necessary for the administration of this section.

(h)

Nothing in this chapter shall limit the authority granted to the judges of the Atlanta Municipal Court by Georgia law.

( Ord. No. 2018-03(18-O-1045), § 3, 2-6-18 )