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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-20b-101 Entry of nonappearance - Notice to surety - Release of surety on failure of timely notice.
(1) If a defendant who has posted bail fails to appear before the appropriate court when required and the court chooses to order forfeiture of the bail, the court shall issue a bench warrant that includes the original case number. The court shall also direct that the surety be given notice of the nonappearance. The clerk of the court shall:
(a) mail notice of nonappearance by certified mail, return receipt requested, within 30 days to the address of the surety or its agent as listed on the bond;
(b) notify the surety or its agent as listed on the bond of the name, address, telephone number, and fax number of the prosecutor;
(c) deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at the same time notice is sent under Subsection (1)(a); and
(d) ensure that the name, address, and telephone number of the surety or its agent as listed on the bond is stated on the bench warrant.
(2) The prosecutor may mail notice of nonappearance by certified mail, return receipt requested, to the address of the surety or its agent as listed on the bond within 37 days after the date of the defendant's failure to appear.
(3) If notice of nonappearance is not mailed to a surety or its agent as listed on the bond, other than the defendant, in accordance with Subsection (1) or (2), the surety is relieved of further obligation under the bond if the surety's current name and address or the current name and address of the surety's agent are on the bail bond in the court's file.
(4) (a) (i) If a defendant appears in court within seven days after a missed, scheduled court appearance, the court may reinstate the bond without further notice to the bond company.
(ii) If the defendant, while in custody, appears on the case for which the bond was posted, the court may not reinstate the bond without the consent of the bond company.
(b) If a defendant fails to appear within seven days after a scheduled court appearance, the court may not reinstate the bond without the consent of the surety.
(c) If the defendant is arrested and booked into a county jail booking facility pursuant to a warrant for failure to appear on the original charges, the surety may file a motion with the court to exonerate the bond. The surety shall deliver a copy of the motion to the prosecutor.
(d) Unless the court makes a finding of good cause why the bond should not be exonerated, it shall exonerate the bond if:
(i) the surety has delivered the defendant to the county jail booking facility in the county where the original charge is pending;
(ii) the defendant has been released on a bond secured from a subsequent surety for the original charge and the failure to appear;
(iii) after an arrest, the defendant has escaped from jail or has been released on the defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail capacity, or by a sheriff's release under Section 17-22-5.5 ;
(iv) the surety has transported or agreed to pay for the transportation of the defendant from a location outside of the county back to the county where the original charge is pending, and the payment is in an amount equal to government transportation expenses listed in Section 76-3-201 ; or
(v) the surety demonstrates by a preponderance of the evidence that:
(A) at the time the surety issued the bond, it had made reasonable efforts to determine that the defendant was legally present in the United States;
(B) a reasonable person would have concluded, based on the surety's determination, that the defendant was legally present in the United States; and
(C) the surety has failed to bring the defendant before the court because the defendant is in federal custody or has been deported.
(e) Under circumstances not otherwise provided for in this section, the court may exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's motion and there is good cause for the bond to be exonerated.
(f) If a surety's bond has been exonerated under this
section and the surety remains liable for the cost of transportation
of the defendant, the surety may take custody of the defendant
for the purpose of transporting the defendant to the jurisdiction
where the charge is pending.
2006
77-20b-102 Time for bringing defendant to court.
(1) If notice of nonappearance has been mailed to a surety under Section 77-20b-101 , the surety may bring the defendant before the court or surrender the defendant into the custody of a county sheriff within the state within six months of the date of nonappearance, during which time a forfeiture action on the bond may not be brought.
(2) A surety may request an extension of the six-month time period in Subsection (1), if the surety within that time:
(a) files a motion for extension with the court; and
(b) mails the motion for extension and a notice of hearing on the motion to the prosecutor.
(3) The court may extend the six-month time in Subsection
(1) for not more than 60 days, if the surety has complied
with Subsection (2) and the court finds good cause.
2000
77-20b-103 Defendant in custody - Notice to prosecutor.
(1) If a surety is unable to bring a defendant to the court because the defendant is and will be in the custody of authorities of another jurisdiction, the surety shall notify the court and the prosecutor and provide the name, address, and telephone number of the custodial authority.
(2) If the defendant is subject to extradition or other means by which the state can return the defendant to the court's custody, and the surety gives notice under Subsection (1), the surety's bond shall be exonerated:
(a) if the prosecutor elects in writing not to extradite the defendant immediately; and
(b) if the prosecutor elects in writing to extradite the defendant, to the extent the bond exceeds the reasonable, actual, or estimated costs to extradite and return the defendant to the court's custody, upon the occurrence of the earlier of:
(i) the prosecuting attorney's lodging a detainer on the defendant; or
(ii) 60 days after the surety gives notice to the prosecutor
under Subsection (1), if the defendant remains in custody
of the same authority during that 60-day period.
2000
77-20b-104 Forfeiture of bail.
(1) If a surety fails to bring the defendant before the court within the time provided in Section 77-20b-102 , the prosecuting attorney may request the forfeiture of the bail by:
(a) filing a motion for bail forfeiture with the court, supported by proof of notice to the surety of the defendant's nonappearance; and
(b) mailing a copy of the motion to the surety.
(2) A court shall enter judgment of bail forfeiture without further notice if it finds by a preponderance of the evidence:
(a) the defendant failed to appear as required;
(b) the surety was given notice of the defendant's nonappearance in accordance with Section 77-20b-101 ;
(c) the surety failed to bring the defendant to the court within the six-month period under Section 77-20b-102 ; and
(d) the prosecutor has complied with the notice requirements under Subsection (1).
(3) If the surety shows by a preponderance of the evidence that it has failed to bring the defendant before the court because the defendant is deceased through no act of the surety, the court may not enter judgment of bail forfeiture and the bond is exonerated.
(4) The amount of bail forfeited is the face amount of the bail bond, but if the defendant is in the custody of another jurisdiction and the state extradites or intends to extradite the defendant, the court may reduce the amount forfeited to the actual or estimated costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5) shall:
(a) identify the surety against whom judgment is granted;
(b) specify the amount of bail forfeited;
(c) grant the forfeiture of the bail; and
(d) be docketed by the clerk of the court in the civil judgment docket.
(5) A prosecutor may immediately commence collection proceedings
to execute a judgment of bond forfeiture against the assets
of the surety.
2006
77-20b-105 Revocation of bond.
The surety is entitled to obtain the exoneration of its bond prior to judgment by providing written proof to the court and the prosecutor that:
(1) the defendant has been booked for failure to appear regarding the charge for which the bond was issued; or
(2) the defendant is in custody and the surety has served
the defendant's bond revocation on the custodial authority.
2006
