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RULES OF CRIMINAL PROCEDURE
III. RIGHTS OF PARTIES
RULE 7. RELEASE
Rule 7.5. Review of Conditions; Revocation of Release
Issuance of Warrant or Summons. Upon verified petition by the prosecutor
stating facts or circumstances constituting a breach of the conditions of
release, the court having jurisdiction over the defendant released may issue a
warrant or summons under Rule 3.2, to secure the defendant's presence in
court. A copy of the petition shall be served with the warrant or summons.
Victim's Right to Petition for Revocation of Bond or Modification of
Conditions of Release. After consultation with the prosecutor, and if the
prosecutor decides not to file a petition pursuant to section (a) of this
Rule, the victim may petition the court to revoke the bond or release on
personal recognizance of the defendant, or otherwise modify the conditions of
the defendant's release, based on the victim's notarized statement asserting
that harassment, threats, physical violence or intimidation against the victim
or the victim's immediate family by the defendant or on behalf of the
defendant has occurred.
Hearing; Review of Conditions; Revocation.
(1) Modification of Conditions of Release. If, after a hearing on the
matters set forth in the petition, the court finds that the person
released has willfully violated the conditions of release, the court may
impose different or additional conditions upon his or her release.
However, if the defendant has violated the conditions of an appearance
bond executed as a condition of release, the court shall determine
conditions reasonably necessary to secure that person's appearance in the
future. If the violation is not excused, the court shall not impose less
restrictive conditions of release. If the court determines that an
increase in the amount of a secured appearance bond is necessary, that
security shall be in addition to any previously existing security.
(2) Revocation of Release. The court may revoke release of a person
charged with a felony if, after hearing, the court finds (A) that there is
probable cause to believe that the person committed a felony during the
period of release and that the proof is evident or the presumption great
as to the present charge; or (B) that the person poses a substantial
danger to any person or the community, that no other conditions of release
will reasonably assure the safety of the other person or the community,
and that the proof is evident or the presumption great as to the present
charge.
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