TITLE 19

CRIMINAL PROCEDURE

CHAPTER 29

IDAHO BAIL ACT

19-2922.  exoneration of bail. The court shall order the bail exonerated in the following circumstances:

(1)  The defendant has appeared for all court proceedings as ordered and all charges for which the bail has been posted have been resolved by acquittal, dismissal or sentencing;

(2)  Written notice of the court’s order of forfeiture was not mailed to the person posting bail or his designated agent within five (5) business days of the order of forfeiture;

(3)  Written notice of the court’s order to set aside the order of forfeiture and reinstating bail was not mailed to the person posting bail or his designated agent within five (5) business days of the order;

(4)  Before any order of forfeiture, the defendant has been surrendered or has surrendered himself to the sheriff of the county where the action is pending and the certificate of surrender has been filed with the court as required in section 19-2913, Idaho Code;

(5)  The defendant has appeared before the court within one hundred eighty (180) days of the court’s order of forfeiture, unless the court has set aside the order of forfeiture and has reinstated bail pursuant to section 19-2916, Idaho Code; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of bail and the setting aside of the forfeiture on payment by the person posting bail of any costs incurred by state or local authorities arising from the transport of the defendant to the jail facility of the county where the charges are pending. Such costs shall not exceed the amount of the bail posted;

(6)  The court has revoked bail and has ordered that the defendant be recommitted.

History:

[19-2922, added 2009, ch. 90, sec. 2, p. 264.]