Fill and Sign the Fillable Online for Use with District Court Rule 5 401 Nmra Form

9-303. Order setting conditions of release. [For use with District Court Rule 5-401 NMRA, Magistrate Court Rule 6-401 NMRA, Metropolitan Court Rule 7-401 NMRA and Municipal Court Rule 8-401 NMRA] STATE OF NEW MEXICO [COUNTY OF ___________________] [CITY OF _______________________] __________________ COURT [STATE OF NEW MEXICO] [COUNTY OF ___________________] [CITY OF _______________________] v.No. __________ __________________________________________, Defendant. ORDER SETTING CONDITIONS OF RELEASE Release on recognizance or unsecured bond:It is ordered that the defendant be released from custody upon:(check and complete applicable alternatives)[ ]Personal recognizance.[ ]Unsecured appearance bond of $______________.[ ] Third-party custody release to: ____________________ (individual or organization).I/We agree to supervise the defendant; to use every effort to assure the defendant’s appearance atall scheduled hearings; and to notify the court immediately in the event that the defendantviolates any conditions of release.__________________________________________________________________________Signature of CustodianAddress (city/zip)Area Code/Telephone # Defendant’s conditions of release:The court FINDS that the following conditions of release are the least restrictive conditionsnecessary to reasonably assure the appearance of the defendant as required and the safety of anyother person and the community. The defendant shall not violate any federal, state, or localcriminal law and shall:(complete and check only applicable conditions prior to signature by defendant)[ ]not possess firearms or dangerous weapons; [ ]not return to the location of the alleged incident;[ ]not consume alcohol;[ ]not buy, sell, consume, or possess illegal drugs;[ ]notify the court of any change of address;[ ]not leave the (county of __________________) (State of __________________) withoutprior permission of the court;[ ]maintain contact with the defendant’s attorney/seek and consult with an attorney;[ ]avoid all contact with the alleged victim or anyone who may testify in this case;[ ]have an ignition interlock device installed on any vehicle the defendant may drive; ([ ]camera capable ignition interlock device);[ ]be on pretrial supervision and abide by all conditions set by the court and by pretrialservices;[ ]reside at __________________(address) unless otherwise agreed to by the court;[ ]submit to drug or alcohol testing upon the request of _______________________;[ ]not leave the defendant’s residence between the hours of ______________p.m. and_______________a.m. without prior permission of the court;[ ]maintain employment, or, if unemployed, actively seek employment;[ ]maintain or commence an educational program;[ ](other conditions) ____________________________________________________Release on secured bond:[ ]The court FINDS that release on non-monetary conditions will not reasonably assure theappearance of the defendant. In making this determination, the court finds the followingparticularized factors require imposition of a secured bond in the amount set forth below:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Secured bond of $__________________, secured by:[ ]cash at 10 % of total bond.[ ]real property bond executed on Form 9-304 NMRA.[ ]either 100% cash or a surety bond executed on Form 9-304 NMRA.Defendant’s acceptance of conditions and promise to appear:I understand the above conditions of release and agree to them.I understand that the court may have me arrested at any time, without notice, to review andreconsider these conditions.I understand that my conditions of release may be revoked and I may be charged with a separatecriminal offense if I intimidate or threaten a witness, the victim, or an informant, or if I otherwiseobstruct justice. I further understand that my conditions of release may be revoked if I violate a federal, state, orlocal criminal law.I agree to appear before the court on __________________, at __________ (a.m.) (p.m.) locatedat ______________________________ and thereafter at such times and places required in thiscase by any court.I understand, that if I fail to appear as required, my bond, if any, may be forfeited, and I may beprosecuted and sent to [jail] [the penitentiary] for the separate offense of failure to appear. I agreeto comply fully with each of the conditions imposed on my release and to notify the courtpromptly in the event I change the address indicated below.____________________________________________________________________Defendant’s signatureDate of signature ____________________________________________________Date of releaseTime of release____________________________________________________Cell phone numberAlternate phone number__________________________Email address______________________________________________________________Mailing address (include city, state, and zip code)______________________________________________________________Physical address (include city, state, and zip code)Judicial approval of conditions:___________________________________Judge’s signatureUSE NOTE(Do not print use notes on pre-printed forms)This form was revised in 2017 in conjunction with amendments to Rules 5-401, 6-401, 7-401, and 8-401 NMRA. These rules require the court to file written findings of the individualizedfacts justifying any secured bond as soon as possible, but no later than two (2) days after theconclusion of the pretrial release hearing. Judges are encouraged to enter their written findings on this order at the conclusion of the hearing. If more detailed findings are necessary, the judgeshould make such supplemental findings in a separate document within two days of theconclusion of the hearing.If a surety provides bond for the defendant, Form 9-304 NMRA must also be completed. If a third party custodian is named, the third-party custodian agreement must also be completedand signed.[Approved, effective September 1, 1990; as amended by Supreme Court Order 07-8300-29,effective December 10, 2007; as amended by Supreme Court Order No. 17-8300-005, effectivefor all cases pending or filed on or after July 1, 2017.]