§ 31A-35-702 — Early surrender without cause.

(1) The bail or bail bond premium shall be returned in full if a bail bond producer without good cause surrenders a defendant to custody before:

(1)(a) the time specified in the undertaking of bail or the bail bond for the appearance of the defendant; or
(1)(b) any other occasion where the presence of the defendant in court is lawfully required.
(2) As used in this section, "good cause" includes:

(2)(a) the defendant providing materially false information on the application for bail or a bail bond;
(2)(b) the court's increasing the amount of bail beyond sound underwriting criteria employed by:
(2)(b)(i) the bail bond producer; or
(2)(b)(ii) the bail bond agency;
(2)(c) a material and detrimental change in the collateral posted by:
(2)(c)(i) the defendant; or
(2)(c)(ii) a person acting on the defendant's behalf;
(2)(d) the defendant changing the defendant's address or telephone number without giving reasonable notice to:
(2)(d)(i) the bail bond producer; or
(2)(d)(ii) the bail bond agency;
(2)(e) the defendant commits another crime, other than a minor traffic violation, as defined by department rule, while on bail;
(2)(f) failure by the defendant to appear in court at the appointed time; or
(2)(g) a finding of guilt against the defendant by a court of competent jurisdiction.

Legislative History

Amended by Chapter 234, 2016 General Session