(1) A party may move to modify a pretrial status order:
(a) at any time after a pretrial status order is issued; and
(b) only upon a showing that there has been a material change in circumstances.
(2)
(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:
(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and
(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.
(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.
(3)
(a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.
(b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(4) In ruling upon a motion to modify a pretrial status order, the judge may:
(a) rely on information as provided in Subsection 77-20-205(8);
(b) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and
(c)
(i) for a motion to modify a pretrial status order under Subsection (1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or
(ii) for a motion to modify a pretrial status order under Subsection (2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.
(5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when:
(a) the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;
(b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and
(c) a bench warrant was issued.
(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a failure to appear.
(7) Subsections 77-20-205(3) through (11) apply to a determination about pretrial release in a modified pretrial status order.