Honorable William R. Marks, 041918 ALAGO, AGO 2018-29

• Case Date: April 19, 2018
• Court: Alabama

Honorable William R. Marks AGO 2018-29 No. 2018-029 Alabama Attorney General Opinion State of Alabama Office of the Attorney General April 19, 2018          Honorable William R. Marks          Mayor, City of Athens          102 South Jefferson Street          Athens, Alabama 35611          Municipal Judges - Municipal Courts - Bail Bonds - Criminal Procedures - Limestone County          A municipal court's standing order directing the release from custody of a defendant who executes an appearance bond in an amount prescribed in a bail schedule constitutes an "order of release" as contemplated under Rule 7.3 of the Alabama Rules of Criminal Procedure.          A standing order setting a bail schedule must contain the four mandatory conditions set out in Rule 7.3(a) and a defendant's release may be revoked for violating such conditions.          A defendant released pursuant to a standing order setting a bail schedule may be given notice of the mandatory conditions through a separate document.          Dear Mayor Marks:          This opinion of the Attorney General is issued in response to your request on behalf of the City of Athens.          QUESTIONS

(1) Does the phrase "order of release," as used in Rule 7.3 of the Alabama Rules of Criminal Procedure, include a municipal court's standing order setting a bail schedule?

(2) If so, then according to Rule 7.3, must such a standing order include the four mandatory conditions set forth in Rule 7.3?

(3) If so, should the conditions be added to the appearance bond form, or should the defendant be provided with notice of them through a copy of the standing order?

         FACTS AND ANALYSIS          Rule 7.3 of the Alabama Rules of Criminal Procedure provides for the conditions to be contained in every "order of release" issued when a defendant has been charged with a bailable offense and is released on his or her own personal recognizance or on bond. Ala. R. Crim. P. 7.3. According to Rule 7.3(a), there are four "mandatory conditions"...