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Article 2

Section 22. Bailable offenses

A. All persons charged with crime shall be bailable by sufficient sureties, except:


1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.


2. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.


3. For felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.


4. For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.


B. The purposes of bail and any conditions of release that are set by a judicial officer include:


1. Assuring the appearance of the accused.


2. Protecting against the intimidation of witnesses.


3. Protecting the safety of the victim, any other person or the community.