TITLE 19

CRIMINAL PROCEDURE

CHAPTER 29

IDAHO BAIL ACT

19-2905.  definitions. As used in this chapter, unless the context requires otherwise:

(1)  "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.

(2)  "Bail agent" means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings.

(3)  "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.

(4)  "Bench warrant" means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient.

(5)  "Cash deposit" means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court.

(6)  "Certificate of surrender" means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature.

(7)  "Conditions of release" means any reasonable restrictions, conditions or prohibitions placed upon the defendant’s activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court.

(8)  "Exoneration" means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond.

(9)  "Forfeiture" means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited.

(10) "Order of recommitment" means an order of the court committing the defendant back to the custody of the sheriff.

(11) "Person" means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho.

(12) "Property bond" means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered.

(13) "Readmittance to bail" means an order of the court allowing the defendant to post new bail following an order of revocation.

(14) "Recommitment" means the return of the defendant to the custody of the sheriff following revocation or forfeiture of bail.

(15) "Reinstatement of bail" means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited.

(16) "Revocation of bail" means an order by the court revoking the defendant’s release on bail.

(17) "Surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.

(18) "Surrender" means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending.

History:

[19-2905, added 2009, ch. 90, sec. 2, p. 260.]