Release Within Twelve Hours of the Time of Arrest Prohibited for Certain Offenses — Exceptions — Requirements
Checkout our iOS App for a better way to browser and research.
Any defendant arrested for the offense of unauthorized camping on state property, as defined in § 39-14-414; vandalism, as described in § 39-14-408(b)(1); rioting, as defined in § 39-17-302; aggravated rioting, as defined in § 39-17-303; inciting to riot, as defined in § 39-17-304; disrupting a meeting or procession, as described in § 39-17-306; or obstructing a highway, as described in § 39-17-307(a)(1) shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the defendant may, however, release the defendant in less than twelve (12) hours if the official finds that the defendant is not likely to immediately resume the criminal behavior based on the circumstances of the arrest and the defendant's prior criminal history, if any.
The findings of the magistrate or other official duly authorized to release the defendant must be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this section.