Bail Forfeiture Notification Act

Bail Forfeiture Notification Act

Summary
This act requires the court to send prompt notice of bail forfeiture to the surety, depositor of money, and bail agent posting the bond.  

Model Policy

Section 1: {Notification of Bail Forfeiture}

(A) Upon a forfeiture of bail exceeding $400, the clerk of the court declaring such forfeiture shall, within thirty (30) days, send notice of the forfeiture via certified mail to,

(1)  the bond surety or depositor of money posted as bail; and

(2)  the bail agent listed on the bond; and

(3) any other party to be notified in case of forfeiture listed on the bond or documents attached thereto.

(B) Failure to notify any party listed in subsection (a)(1) through (a)(3) shall not constitute compliance under this section.

(C) The court shall retain the certificates of mailing for each notice in the court’s records.

Section 2: {Release of Surety or Depositor Obligations}

The bond surety or depositor of money posted as bail shall be released from all obligations if,

(A) the court fails to notify the required parties within thirty (30) days after forfeiture; or

(B) the clerk fails to send the notice to the surety at the address shown on the bond or documents attached thereto; or

(C) the clerk fails to send the notice to the surety’s agent at the address shown on the bond or documents attached thereto.

Section 3: {Severability Clause}

Section 4: {Repealer Clause}

Section 5: {Enactment Clause}

 Approved by ALEC Board of Directors on January 8, 2007.

Re-approved January 9, 2014.

Keyword Tags: 2013 SNPS, Justice Performance Project Task Force, Pretrial Release