Title 17, Chapter 6, Section 1
(a) The following offenses are bailable only before a judge of the
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking and hijacking a motor vehicle;
(7) Aggravated child molestation;
(8) Aggravated sexual battery;
(9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(10) Violating Code Section 16-13-31, relating to trafficking in cocaine, methamphetamine, or marijuana;
(11) Kidnapping, arson, aggravated assault, or burglary if the
person, at the time of the alleged kidnapping, arson, aggravated
assault, or burglary, had previously been convicted of, was on
probation or parole with respect to, or was on bail for
kidnapping, arson, aggravated assault, burglary, or one or more of
the offenses listed in paragraphs (1) through (10) of this
(12) Aggravated stalking.
(b)(1) All offenses not included in subsection (a) of this Code
section are bailable by a court of inquiry. Except as provided in
subsection (g) of this Code section, at no time, either before a
court of inquiry, when indicted or accused, after a motion for new
trial is made, or while an appeal is pending, shall any person
charged with a misdemeanor be refused bail.
(2) Except as otherwise provided in this chapter:
(A) A person charged with violating Code Section 40-6-391 whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (5) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; and
(B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21.
(3)(A) Notwithstanding any other provision of law, a judge of a court of inquiry may, as a condition of bail or other pretrial release of a person who is charged with violating Code Section 16-5-90 or 16-5-91, prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present or intentionally following such person.
(B) If the evidence shows that the defendant has previously violated the conditions of pretrial release or probation or parole which arose out of a violation of Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such restrictions on the defendant which may be necessary to deter further stalking of the victim, including but not limited to denying bail or pretrial release.
(c)(1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
(2) In the event a person is detained in a municipal jail for an
offense which is bailable only before a judge of the superior
court as provided in subsection (a) of this Code section for a
period of 30 days, the municipal court shall notify the superior
court in writing within 48 hours that the arrested person has been
held for such time without bail. If the detained person has not
already petitioned for bail as provided in subsection (d) of this
Code section, the superior court shall notify the district
attorney and set a date for a hearing on the issue of bail within
30 days after receipt of such notice.
(3) Notice sent to the superior court pursuant to paragraph (1) or
(2) of this subsection shall include any incident reports and
criminal history reports relevant to the detention of such person.
(d) A person charged with any offense which is bailable only before
a judge of the superior court as provided in subsection (a) of this
Code section may petition the superior court requesting that such
person be released on bail. The court shall notify the district
attorney and set a date for a hearing within ten days after receipt
of such petition.
(e) A court shall be authorized to release a person on bail if the
court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of
the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the
community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending
(4) Poses no significant risk of intimidating witnesses or
otherwise obstructing the administration of justice.
However, if the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious violent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term "serious violent felony" means a serious violent felony as defined in Code Section 17-10-6.1.
(f)(1) Except as provided in subsection (a) of this Code section
or as otherwise provided in this subsection, the judge of any
court of inquiry may by written order establish a schedule of
bails and unless otherwise ordered by the judge of any court, a
person charged with committing any offense shall be released from
custody upon posting bail as fixed in the schedule.
(2) For offenses involving an act of family violence, as defined in Code Section 19-13-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.
(3) For offenses involving an act of family violence, the judge
shall determine whether the schedule of bails and one or more of
its specific conditions shall be used, except that any offense
involving an act of family violence and serious injury to the
victim shall be bailable only before a judge when the judge or the
arresting officer is of the opinion that the danger of further
violence to or harassment or intimidation of the victim is such as
to make it desirable that the consideration of the imposition of
additional conditions as authorized in this Code section should be
made. Upon setting bail in any case involving family violence,
the judge shall give particular consideration to the exigencies of
the case at hand and shall impose any specific conditions as he or
she may deem necessary. As used in this Code section, the term
"serious injury" means bodily harm capable of being perceived by a
person other than the victim and may include, but is not limited
to, substantially blackened eyes, substantially swollen lips or
other facial or body parts, substantial bruises to body parts,
fractured bones, or permanent disfigurements and wounds inflicted
by deadly weapons or any other objects which, when used
offensively against a person, are capable of causing serious
(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and that the defendant shall not have contact of any kind or character with the victim or any member of the victim's family or household.
(5) For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section.
(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(h) Except in cases in which life imprisonment or the death penalty
may be imposed, a judge of the superior court by written order may
delegate the authority provided for in this Code section to any
judge of any court of inquiry within such superior court judge's
circuit. However, such authority may not be exercised outside the
county in which said judge of the court of inquiry was appointed or
elected. The written order delegating such authority shall be valid
for a period of one year, but may be revoked by the superior court
judge issuing such order at any time prior to the end of that
(i) As used in this Code section, the term "bail" shall include the
releasing of a person on such person's own recognizance.
(j) For all persons who have been authorized by law or the court to
be released on bail, sheriffs and constables shall accept such bail;
provided, however, that the sureties tendered and offered on the
bond are approved by the sheriff of the county in which the offense