[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.310]



[Page 27]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                      Subpart C_Criminal Procedure

 

Sec.  11.310  Bail.



    (a) Each person charged with a criminal offense under this part 

shall be entitled to release from custody pending trial under whichever 

one or more of the following conditions is deemed necessary to 

reasonably assure the appearance of the person at any time lawfully 

required:

    (1) Release on personal recognizance upon execution by the accused 

of a written promise to appear at trial and all other lawfully required 

times;

    (2) Release to the custody of a designated person or organization 

agreeing to assure the accused's appearance;

    (3) Release with reasonable restrictions on the travel, association, 

or place of residence of the accused during the period of release;

    (4) Release after deposit of a bond or other sufficient collateral 

in an amount specified by the magistrate or a bail schedule;

    (5) Release after execution of a bail agreement by two responsible 

members of the community; or

    (6) Release upon any other condition deemed reasonably necessary to 

assure the appearance of the accused as required.

    (b) Any law enforcement officer authorized to do so by the court may 

admit an arrested person to bail pending trial pursuant to a bail 

schedule and conditions prepared by the court.

    (c) A convicted person may be released from custody pending appeal 

on such conditions as the magistrate determines will reasonably assure 

the appearance of the accused unless the magistrate determines that 

release of the accused is likely to pose a danger to the community, the 

accused, or any other person.

    (d) The Court of Indian Offenses may revoke its release of the 

defendant and order him or her committed at any time where it determines 

that the conditions of release will not reasonably assure the appearance 

of the defendant, or if any conditions of release have been violated.