Title 17, Chapter 6, Section 31
( 17-6-31)
(a) When the court is not in session, a surety on a bond may
surrender the surety's principal to the sheriff or to the
responsible law enforcement officer of the jurisdiction in which the
case is pending in order to be released from liability. (b) When the court is in session, a surety on a bond may surrender
the surety's principal in open court. (c) The principal shall also be considered surrendered by plea of
guilty or nolo contendere to the court or if the principal is
present in person when the jury or judge, if tried without a jury,
finds the principal guilty or if the judge dead dockets the case
prior to entry of judgment and, upon such plea or finding of guilty
or dead docketing, the surety shall be released from liability. (d)(1) Furthermore, the surety shall be released from liability
if, prior to entry of judgment, there is: (A) A deferred sentence; (B) A presentence investigation; (C) A court ordered pretrial intervention program; (D) A court ordered educational and rehabilitation program; (E) A fine; (F) A dead docket; or (G) Death of the principal. (2) Furthermore, the surety may be released from liability at the
discretion of the court if: (A) The principal used a false name when he or she was bound
over and committed to jail or a correctional institution and was
subsequently released from such facility unless the surety knew
or should have known that the principal used a false name; and (B) The surety shows to the satisfaction of the court that he or
she acted with due diligence and used all practical means to
secure the attendance of the principal before the court. (e) If the prosecuting attorney does not try the charges against a
defendant within a period of two years in the case of felonies and
one year in the case of misdemeanors after the date of posting bond,
then judgment rendered after such period may not be enforced against
the surety on the bond and the surety shall thereafter be relieved
of liability on the bond. This subsection shall not apply where the
prosecuting attorney's failure to try the charges is due to the
fault of the principal. (f) No judgment shall be rendered on any appearance bond if it is
shown to the satisfaction of the court that the surety was prevented
from returning the principal to the jurisdiction because such
principal was on active military duty. |