§18. Right to Bail

            Section 18.(A) Excessive bail shall not be required. Before and during a trial, a person shall be bailable by sufficient surety, except when he is charged with a capital offense and the proof is evident and the presumption of guilt is great. After conviction and before sentencing, a person shall be bailable if the maximum sentence which may be imposed is imprisonment for five years or less; and the judge may grant bail if the maximum sentence which may be imposed is imprisonment exceeding five years. After sentencing and until final judgment, a person shall be bailable if the sentence actually imposed is five years or less; and the judge may grant bail if the sentence actually imposed exceeds imprisonment for five years.

            (B) However, a person charged with a crime of violence as defined by law or with production, manufacture, distribution, or dispensing or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance as defined by the Louisiana Controlled Dangerous Substances Law, and the proof is evident and the presumption of guilt is great, shall not be bailable if, after a contradictory hearing, the judge or magistrate finds by clear and convincing evidence that there is a substantial risk that the person may flee or poses an imminent danger to any other person or the community.

NOTE: Paragraph C eff. upon ratification of the const. amend. proposed by Acts 2026, No. 271.

            (C) However, after conviction, a person shall not be bailable if the offense is an aggravated offense as defined by R.S. 15:541 that is committed against a victim who is a minor.

            Acts 1997, No. 1498, §1, approved Oct. 3, 1998, eff. Nov. 5, 1998; Acts 2026, No. 271, §1, eff. See Act.