Administrative Order 09-12: Rescinding Prior Administrative Orders Relating to the Establishment and Operation of Pre-Trial Release as a Division of the District Court in Canyon County

Whereas, in November, 1989 a Canyon County Pre-Trial Release Division was established and operated as a division of the District Court under the general supervision of the Administrative Judge, pursuant to Administrative Order 89-2 (and as later modified and expanded by additional administrative orders subsequently identified herein);

Whereas, it appearing to the Court that the Canyon County Sheriff is desirous of providing pre-trial release services to the Court and believes that the Canyon County Sheriff’s Office is better able to administer a county pre-trial services program;

Whereas, it appearing to the Court that a pre-trial services program administered by the Canyon County Sheriff will include the collection and presentation of information to the Court for use in making pre-trial release decisions, will include the monitoring of compliance with conditions of release imposed by the Court upon persons pending adjudication, and will promptly inform the Court of apparent violations of pre-trial release conditions or arrests of persons released pending trial;

Whereas, it appearing that any pre-trial services program administered by the Canyon County Sheriff will not include and cannot include a delegation of the Court’s authority to determine bail for a person accused of a crime, to order the release of such person on his or her recognizance, or to impose reasonable terms, conditions, and prohibitions on any such release;

Therefore, all provisions set forth in the following administrative orders relating to the establishment, operation, and administration of the Canyon County Pre-Trial Release Program, as a division of the District Court, are hereby now RESCINDED effective this date:

Administrative Order 89-2 entered November 13, 1989;
Administrative Order 90-1 entered January 5, 1990;
Administrative Order 90-5 entered August 16, 1990;
Administrative Order 93-1 entered January 19, 1993;
Administrative Order 93-5 entered March 19, 1993;
Administrative Order 93-9 entered April 26, 1993;
Administrative Order 93-12 entered October 18, 1993;
Administrative Order 94-6 entered October 5, 1994;
Administrative Order 2001-4 entered December 28, 2001;
Administrative Order 2002-1 entered January 14, 2002;
Administrative Order 2007-9 entered December 17, 2007.

            It is so Ordered.

Dated this 27th day of August, 2009.

Signed by Juneal C. Kerrick, Administrative District Judge


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