Order for periodic payments — Release of defendant on own recognizance

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  1. (a) In its discretion, the original trial court may:

    1. (1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and

    2. (2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.

  2. (b) The conditions of the recognizance shall be that the defendant:

    1. (1) Will comply with the terms of the order; and

    2. (2) Appear in court on a day certain.

  3. (c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.


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