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(a) In making a decision concerning pretrial release of a person who is arrested for or charged with a crime the Court shall review the facts of the arrest and detention of the person and determine whether the person:

(1) Is a threat to any alleged victim; or

(2) Is a threat to public safety; and

(3) Is reasonably likely to appear in court.

(b) Before releasing a person arrested under this chapter, the Court shall make findings on the record concerning the determination made in accordance with subsection (a)(1) of this section and may impose conditions of release on bail on the person to protect any alleged victim, the public at large, and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include:

(1) An order enjoining the person from threatening to commit or committing acts of violence against any alleged victim or other person;

(2) An order prohibiting the person from harassing, annoying, telephoning, contacting or otherwise communicating with the alleged victim or other protected person, whether directly or indirectly;

(3) An order directing the person to vacate or stay away from the home of the alleged victim or other protected person and to stay away from any other location where the protected person is likely to be;

(4) An order prohibiting the person from using or possessing a firearm or other weapon as specified by the Court;

(5) An order prohibiting the person from possession or consumption of alcohol or controlled substances; and

(6) Any other order required to protect the safety of any alleged victim or other protected person and to assure the appearance of the person in court.

(c) The Court shall provide a copy of the conditions of release to the arrested or charged person upon his or her release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]