Bail is the security given for the purpose of ensuring the presence of the defendant in a pending criminal trial. Bail cannot be posted in lieu of appearing in Court. Any person charged with an offense before the Community Court is entitled to bail, except the Court may, in exceptional circumstances, deny a person release on bail if it appears reasonably certain that the person will pose a serious threat to the safety and well-being of himself, the Reservation, or its residents if released or if there is a substantial likelihood that the person will not appear for trial. Bail shall be posted by cash.
The cash bail agreement and promise to appear shall be signed in the presence of the judicial officer or any bonded employee authorized by the Tribal Council to accept bail. Failure to appear at any scheduled court hearing will result in forfeiture of bail.
At any time and with a reasonable basis, the Court may impose additional or different conditions of release, including but not limited to additional bail, a deduction of bail, or conditions in lieu of bail. The Court shall subject the defendant to the least restrictive condition or combination of conditions that will ensure the defendant’s appearance and provide for the protection of any person in the community. The Court may act upon its own motion or upon the motion of either party. Failure to follow conditions of release may result in forfeiture of bail.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984. The bail provisions of this chapter do not apply to any Title with its own bail provisions such as Titles 17 and 18 pertaining to hunting and fishing; amended by Res. 05-A-054, 6/14/2005; amended by Res. 15-A-071, 6/8/2015, to add specific language that clarifies that the Court has the power to impose release conditions on someone charged with a crime.)