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Rule 4-216.2 – Review of Commissioners Pretrial Release Order

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Generally. A defendant who is denied pretrial release by a commissioner or who for any reason remains in custody after a commissioner has determined conditions of release pursuant to Rule 4-216 shall be presented immediately to the District Court if the court is then in session, or if not, at the next session of the court.

Cross reference: See Rule 4-231(d) concerning the presence of a defendant by video conferencing.

(b) Attorney for Defendant.

(1)Duty of Public Defender. Unless another attorney has entered an appearance or the defendant has waived the right to an attorney for purposes of the review hearing in accordance with this section, the Public Defender shall provide representation to an eligible defendant at the review hearing.
(2)Waiver.

(A) Unless an attorney has entered an appearance, the court shall advise the defendant that:

(i) the defendant has a right to an attorney at the review hearing;
(ii) an attorney can be helpful in advocating that the defendant should be released on recognizance or on bail with minimal conditions and restrictions; and
(iii) if the defendant is eligible, the Public Defender will represent the defendant at this proceeding.

Cross reference: For the requirement that the court also advise the defendant of the right to counsel generally, see Rule 4-215(a).

(B) If, after the giving of this advice, the defendant indicates a desire to waive an attorney for purposes of the review hearing and the court finds that the waiver is knowing and voluntary, the court shall announce on the record that finding and proceed pursuant to this Rule.
(C) Any waiver found under this Rule is applicable only to the proceeding under this Rule.
(3)Waiver of Attorney for Future Proceedings. For proceedings after the review hearing, waiver of an attorney is governed by Rule 4-215.
(c) Determination by Court. The District Court shall review the commissioner’s pretrial release determination and take appropriate action in accordance with the standards and requirements set forth in Rule 4-216.1. If the court determines that the defendant will continue to be held in custody after the review, the court shall set forth in writing or on the record the reasons for the continued detention.
(d) Juvenile Defendant. If the defendant is a child whose case is eligible for transfer to the juvenile court pursuant to Code, Criminal Procedure Article, § 4-202(b), the District Court, regardless of whether it has jurisdiction over the offense charged, may order that a study be made of the child, the child’s family, or other appropriate matters.

Cross reference: See Rule 4-223 for the procedure for detaining a juvenile defendant pending a determination of transfer of the case to the juvenile court.

(e) Title 5 Not Applicable. Title 5 of these Rules does not apply to proceedings conducted under this Rule.

Md. Crim. Causes. 4-216.2

This Rule is derived from former section (a) of Rule 4-216.1(2012).

Adopted June 11, 2012, eff. June 12, 2012. Amended May 27, 2014, eff. July 1, 2014; Dec. 7, 2015, eff. Jan. 1, 2016; Feb. 16, 2017, eff. July 1, 2017.

HISTORICAL NOTES

2012 Orders

The June 12, 2012, order added new Rule 4-216.1.

2014 Orders

The May 27, 2014 changed the name of this Rule, which was formerly “Further Proceedings Regarding Pretrial Release” and rewrote this rule which formerly read:

“(a) Review of Pretrial Release Order Entered by Commissioner.

“(1) Generally. A defendant who is denied pretrial release by a commissioner or who for any reason remains in custody after a commissioner has determined conditions of release pursuant to Rule 4-216 shall be presented immediately to the District Court if the court is then in session, or if not, at the next session of the court.

“Cross reference: See Rule 4-231(d) concerning the presence of a defendant by video conferencing.

“(2) Counsel for Defendant.

“(A) Duty of Public Defender. Unless another attorney has entered an appearance or the defendant has waived the right to counsel for purposes of the review hearing in accordance with this section, the Public Defender shall provide representation to an eligible defendant at the review hearing.

“(B) Waiver.

“(i) Unless an attorney has entered an appearance, the court shall advise the defendant that:

“(a) the defendant has a right to counsel at the review hearing;

“(b) an attorney can be helpful in advocating that the defendant should be released on a recognizance or on a bail with minimum conditions and restrictions; and

“(c) if the defendant is eligible, the Public Defender will represent the defendant at the proceeding.

“(iii) If the defendant indicates a desire to waive counsel and the court finds that the defendant knowingly and voluntarily waives the right to counsel for purposes of the review hearing, the court shall announce on the record that finding and proceed pursuant to this Rule.

“(C) Waiver of Counsel for Future Proceedings. For Proceedings after the review hearing, waiver of counsel is governed by Rule 4-215.

“Cross reference: For the requirement that the court also advise the defendant of the right to counsel generally, see Rule 4-215.

“(3) Determination by Court. The District Court shall review the commissioner’s pretrial release determination and take appropriate action in accordance with Rule 4-216(f) and (g). If the court determines that the defendant will continue to be held in custody after the review, the court shall set forth in writing on the record the reasons for the continued detention.

“(4) Juvenile Defendant. If the defendant is a child whose case is eligible for transfer to the juvenile court pursuant to Code, Criminal Procedure Article, § 4-202(b), the District Court, regardless of whether it has jurisdiction over the offense charged, may order that a study be made of the child, the child’s family, or other appropriate matters. The court also may order that the child be held in a secure juvenile facility.

“(b) Continuation of Previous Conditions. When conditions of pretrial release have been previously imposed in the District Court, the conditions continue in the circuit court unless amended or revoked pursuant to section (c) of this Rule.

“(c) Amendments to Pretrial Release Order. After a charging document has been filed, the court, on motion of any party or its own initiative and after notice and opportunity for hearing, may revoke an order of pretrial release or amend it to impose additional or different conditions of release. If the decision results in the detention of the defendant, the court shall state the reasons for its action in writing or on the record. A judge may alter conditions set by a commissioner or another judge.

“(d) Supervision of Detention Pending Trial. In order to eliminate unnecessary detention, the court shall exercise supervision over the detention of defendants pending trial. It shall require from the sheriff, warden, or other custodian officer a weekly report listing each defendant within its jurisdiction who has been held in custody in excess of seven days pending preliminary hearing, trial, sentencing, or appeal. The report shall give the reason for the detention of each defendant.

“(e) Violation of Condition of Release. A court may issue a bench warrant for the arrest of a defendant charged with a criminal offense who is alleged to have violated a condition of pretrial release. After the defendant is presented before a court, the court may (1) revoke the defendant’s pretrial release or (2) continue the defendant’s pretrial release with or without conditions.

“Cross reference: See Rule 1-361, Execution of Warrants and Body Attachments. See also, Rule 4-347, Proceedings for Revocation of Probation, which preserves the authority of a judge issuing a warrant to set the conditions of release on an alleged violation of probation.

“(f) Title 5 Not Applicable. Title 5 of these Rules does not apply to proceedings conducted under this Rule.”

2015 Orders

The December 7, 2015, order, deleted the second sentence of section (d) and added a cross reference after section (d).

2017 Orders

The February 16, 2017, order, amended the rule by renumbering it and adding a reference to the standards requirements set forth in proposed new Rule 4-216.1.