(1) In exercising the discretion mentioned in section 16-4-104, the judge shall release the accused person upon personal recognizance if the charge is a class 3 misdemeanor or a petty offense, or any unclassified offense for a violation of which the maximum penalty does not exceed six months' imprisonment, and heor she shall not be required to supply a surety bond, or give security of any kind for his or her appearance for trial other than his or her personal recognizance, unless one or more of the following facts are found to be present:
(a) The arrested person fails to sufficiently identify himself or herself; or
(b) The arrested person refuses to sign a personal recognizance; or
(c) The continued detention or posting of a surety bond is necessary to prevent imminent bodily harm to the accused or to another; or
(d) The arrested person has no ties to the jurisdiction of the court reasonably sufficient to assure his or her appearance, and there is substantial likelihood that he or she will fail to appear for trial if released upon his or her personal recognizance; or
(e) The arrested person has previously failed to appear for trial for an offense concerning which he or she had given his written promise to appear; or
(f) There is outstanding a warrant for his or her arrest on any other charge or there are pending proceedings against him or her for suspension or revocation of parole or probation.
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