TITLE 12
Criminal Procedure

CHAPTER 12-13
Bail and Recognizance

SECTION 12-13-16.1


§ 12-13-16.1. Forfeiture of bail.

(a) In any criminal case, whenever, after a hearing, it has been shown to the satisfaction of the court that the defendant has left the jurisdiction of the court or has failed to appear as required or has failed to perform the condition of his or her recognizance, the court shall order that the bail and/or any security for bail be forfeited.

(b) Any person who has had bail posted with the assistance of a licensed bondsperson, and who is subsequently arrested on a bench warrant and brought before the court, or who fails to appear and is subsequently brought before the court without the intervention of or through a licensed bondsperson, shall not be released by the court on the same bail unless and until the licensed bondsperson who posted the original bail has been notified and been provided an opportunity to be heard regarding the licensed bondsperson's willingness to continue as surety for the defendant/bailee. The court may, however, release the defendant within twenty-four (24) hours if the licensed bondsperson cannot be located or otherwise fails to appear to address the court relative to the original bail.

History of Section.
(P.L. 1982, ch. 321, § 1; P.L. 1986, ch. 435, § 1; P.L. 2017, ch. 415, § 1.)