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 on: (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 at all scheduled hearings; and to notify the court immediately if the defendant violates any conditions of release. ____________________________________________________________________ ___________________ Signature of Custodian Address (city/zip) Area Code/Telephone # Defendant’s conditions of release: The court FINDS that the following conditions of release are the least restrictive conditions necessary to reasonably assure the appearance of the defendant as required and the safety of any other person and the community. The defendant shall not violate any federal, state, or local criminal law and shall: (complete and check only applicable conditions before signature by defendant) [ ] not possess firearms or dangerous weapons; [ ] not return to the location of the alleged incident; [ ] not consume alcohol; [ ] not consume cannabis, cannabis products, or synthetic cannabinoids without a certification from a licensed medical practitioner; [ ] not buy, sell, consume, or possess illegal drugs; [ ] notify the court of any change of address; [ ] not leave the (county of __________________) (State of __________________) without prior 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 pretrial services; [ ] reside at __________________ (address) unless otherwise agreed to by the court; [ ] submit to drug or alcohol testing on 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 the appearance of the defendant. In making this determination, the court finds the following particularized factors require imposition of a secured bond in the amount set forth below: ______________________________________________________________________ ____________________ ______________________________________________________________________ ____________________ ______________________________________________________________________ ____________________ ______________________________________________________________________ ____________________ ______________________________________________________________________ ____________________ Secured bond of $__________________, secured by: [ ] cash at ten percent (10%) of total bond. [ ] real property bond executed on Form 9-304 NMRA. [ ] either one hundred percent (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 and reconsider these conditions. I understand that my conditions of release may be revoked and I may be charged with a separate criminal offense if I intimidate or threaten a witness, the victim, or an informant, or if I otherwise obstruct justice. I further understand that my conditions of release may be revoked if I violate a federal, state, or local criminal law. I agree to appear before the court on __________________, at __________ (a.m.) (p.m.) located at ______________________________ and at any other times and places required in this case by any court. I understand, that if I fail to appear as required, my bond, if any, may be forfeited, and I may be prosecuted and sent to [jail] [the penitentiary] for the separate offense of failure to appear. I agree to comply fully with each of the conditions imposed on my release and to notify the court promptly if I change the address indicated below. _______________________________ Defendant’s signature __________________________ Date of release __________________________ Cell phone number __________________________ Email address _____________________________________ Date of signature __________________________ Time of release __________________________ Alternate phone number _______________________________________________________________________________ Mailing address (include city, state, and zip code) _______________________________________________________________________________ Physical address (include city, state, and zip code) Judicial approval of conditions: ___________________________________ Judge’s signature