16-116. - Appearance of Defendant Required — Determinations by Court.

(1)

A defendant who has been arrested for an offense involving domestic violence shall appear in person before a magistrate within one judicial day after the arrest; or

(2)

A defendant who has been charged by citation, complaint, or information with an offense involving domestic violence but has not been arrested, shall appear before the court in person for arraignment as soon as practicable, but no later than 14 days after the next day on which the court is in session following the issuance of the citation or the filing of the complaint or information.

(3)

At the time of an appearance under Subsection (1) and (2) above, the court shall determine the necessity of imposing a protective order or other conditions of pretrial release, and shall state its findings and determination in writing.

(4)

Appearances required by this section are mandatory and may not be waived.

State Law reference— (77-36-2.6)