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.)
A person charged with an offense may be released on his personal recognizance in lieu of bail in the court’s discretion. In determining whether to grant personal recognizance, the Court may consider those factors set forth in section 2.02.05 (a) - (d) and any other factors the Court considers relevant. The person must give his written promise to appear to secure his releases.
(Port Gamble S’Klallam Law and Order Code.)
A person shall be brought before a judge or a telephone hearing may be held for this purpose as soon as practicable and without delay, so that the judge may determine the conditions of release. In no case shall a person be held without bail more than seventy-two (72) hours excluding weekends and tribal holidays, except if the defendant is in custody and the detention facility cannot accommodate this timeframe, a bail review hearing shall take place at the next available time provided by the detention facility.
(Port Gamble S’Klallam Law and Order Code. Amended by Res. 05-A-054, 6/14/2005. The effect of this provision is that any person held for a domestic violence offense, a Class A offense or a Class B offense cannot be released prior to a bail hearing; Res. 20-A-072, 7/28/2020, amended this section remove the domestic violence focus (covered in Title 15) and to clarify the purpose and timeline of a bail review hearing; amended by Res. 23-A-019, 1/24/2023, to create a narrow exception to the 72 hour rule due to detention facility scheduling issues.)
The Tribal Court may establish a standard bail schedule for all offenses under this code, and an arrested person may be released upon posting the specified bail. The amount of bail required for the release of a person charged under this code shall be sufficient, in the opinion of the Court, to ensure the defendant’s appearance on the date specified by the Court. In determining the amount of bail, the Court shall consider those factors set forth in Section 2.02.05 (a) – (d) and any other factors the Court considers relevant.
The Court may establish a standard bail to be used in cases where no specific bail has been set for the offense or where it is not possible to bring the arrested person before the judge within seventy-two (72) hours excluding weekends and tribal holidays.
(Port Gamble S’Klallam Law and Order Code. Amended by Res. 05-A-054, 6/14/2005; Res. 20-A-072, 7/28/2020, amended this section to remove the dollar amounts of bail and instead refer to a bail schedule and to remove the reference to Class B and C offenses; Res. 21-A-102, 7/26/2021 amended this section to exclude weekends and tribal holidays from the allowable seventy-two hours before the Court may use a standard bail.)
A law enforcement officer shall arrest without a warrant and take into custody a person who the officer has probable cause to believe violated the conditions of release imposed by the Court under Section 2.04.01.
If a defendant fails to comply with pre-trial conditions of release, a probation officer or tribal prosecutor may file:
(1) 
A motion for order to show cause;
(2) 
A motion to modify conditions of release; or
(3) 
A motion for a warrant based on the alleged violation of conditions of release.
A defendant who is arrested for a violation of pretrial release conditions and who remains incarcerated after the arrest shall appear at a bail review hearing as provided in section 2.04.03.
(Res. 15-A-071, 6/8/2015, added this new section to coincide with the mandatory arrest without a warrant requirement in Section 2.10.07 under Chapter 2.10 Domestic Violence Criminal Procedure; Res. 20-A-072, 7/28/2020, amended this section to clarify the process after a defendant fails to comply with pre-trial conditions and to remove “mandatory arrest” from the section title; amended by Res. 23-A-019, 1/24/2023, to keep consistent with updated section 2.04.03: Bail Review Hearing.)
A person who is arrested without a warrant shall have a judicial determination of probable cause no later than seventy-two (72) hours following the person’s arrest. The arrestee shall have no right to appear at such determination, provided that the judge may permit the arrestee to appear at the discretion of the Court.
The Court shall determine probable cause on evidence presented by a police officer or prosecuting authority in the same manner as provided for a warrant for arrest. The evidence shall be preserved and may consist of an electronically recorded telephone statement.
For the purpose of this section, Saturday, Sunday, and tribal holidays are not included in the seventy-two (72) hour timeline.
If the Court finds that no probable cause exists, it shall order the release of the arrestee. However, a finding of no probable cause shall not operate as a bar to future arrest or prosecution of the arrestee for the same offense.
(Res. 13-A-137, 12/19/2013, to require a probable cause hearing within 48 hours of arrest when arrested without a warrant; Res. 20-A-072, 7/28/2020, amended this section to change the 48-hour timeline to 72-hours and to clarify that tribal holidays do not count towards the 72-hour time limit.)