§ 77-20-403 — Disposition of forfeited monetary bail.

If money deposited as a financial condition or money paid by a surety on a bail bond is forfeited and the forfeiture is not discharged or remitted, the clerk with whom the money is deposited or paid shall, immediately after final adjournment of the court, pay over the money forfeited as follows:
(1) the forfeited amount in cases in precinct justice courts or in municipal justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and
(2) in all other cases:

(2)(a) where the financial condition was paid by a surety:
(2)(a)(i) 60% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215;
(2)(a)(ii) 20% of the forfeited amount shall be paid to the General Fund; and
(2)(a)(iii) 20% of the forfeited amount shall be paid to the prosecuting agency that brings an action to collect under Section 77-20-505; and
(2)(b) where the financial condition was paid without the assistance of a surety:
(2)(b)(i) 75% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215; and
(2)(b)(ii) 25% of the forfeited amount shall be paid to the General Fund.

Legislative History

Renumbered and Amended by Chapter 4, 2021 Special Session 2