North Carolina General Statutes 15A-534.7. Communicating a threat of mass violence; bail and pretrial release
(a) In all cases in which the defendant is charged with communicating a threat of mass violence on educational property in violation of N.C. Gen. Stat. § 14-277.6 or communicating a threat of mass violence at a place of religious worship in violation of N.C. Gen. Stat. § 14-277.7, except as provided in subsection (b) of this section, the judicial official who determines the conditions of pretrial release shall be a judge. The judge shall direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and shall consider the criminal history when setting conditions of release. After setting conditions of release, the judge shall return the report to the providing agency or department. No judge shall unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant’s criminal history report. The following provisions shall apply in addition to the provisions of N.C. Gen. Stat. § 15A-534:
(1) Upon a determination by the judge that the immediate release of the defendant will pose a danger of injury to persons and upon a determination that the execution of an appearance bond as required by N.C. Gen. Stat. § 15A-534 will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release.
Terms Used In North Carolina General Statutes 15A-534.7
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. See North Carolina General Statutes 15A-531
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) A judge may impose the following conditions on pretrial release:
a. That the defendant stay away from the educational property or place of religious worship against which the threat was communicated.
b. That the defendant stay away from any other educational property or place of religious worship unless permission to be present is granted by the person in control of the property.
The conditions set forth in this subdivision may be imposed in addition to requiring that the defendant execute a secured appearance bond.
(3) Should the defendant be mentally ill and dangerous to himself or herself or others or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of Chapter 122C of the N.C. Gen. Stat. shall apply.
(b) A defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge. If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of this section. (2018-72, s. 6.)