(a)If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required:
(1)The court may:
(A)issue a warrant for the arrest of the person; and
(B)upon hearing and notice thereof to the bailor or surety, forfeit any bail posted on the person.
(2)(A) The State’s Attorney may file a motion to forfeit the amount of the bond against the surety in the Civil or Criminal Division of the Superior Court where the bond was executed.
(B)A motion filed under this subdivision shall:
(i)include a copy of the bond;
(ii)state the facts upon which the motion is based; and
(iii)be served upon the surety.
(b)The surety may respond to a motion to forfeit a bond. Responses must be served within 14 days of service of the motion.
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(a) If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required:
(1) The court may:
(A) issue a warrant for the arrest of the person; and
(B) upon hearing and notice thereof to the bailor or surety, forfeit any bail posted on the person.
(2)(A) The State’s Attorney may file a motion to forfeit the amount of the bond against the surety in the Civil or Criminal Division of the Superior Court where the bond was executed.
(B) A motion filed under this subdivision shall:
(i) include a copy of the bond;
(ii) state the facts upon which the motion is based; and
(iii) be served upon the surety.
(b) The surety may respond to a motion to forfeit a bond. Responses must be served within 14 days of service of the motion.
(c) Upon notice to the parties, the court shall schedule a hearing on a motion to forfeit a bond. The court shall order the surety to produce the principal at the hearing.
(d) If the court finds that the surety has violated the terms of the bond by failing to produce the principal at the hearing or at any other court appearance at which the principal was required to appear, the court shall grant the motion to forfeit the bond. The court may, on motion, or on its own motion, adjust the amount of the forfeiture and order the forfeiture of all or part of the bond amount to the State.
(e) If a surety fails to comply with a forfeiture order issued under subsection (d) of this section, the Attorney General may commence proceedings to enforce the order and collect the forfeited amount.
(f) No bond may be forfeited, in whole or in part, for violation of any condition of release other than a condition that the principal appear in court as required.
(g)(1) Service and filing under this section shall be pursuant to Rule 49 of the Vermont Rules of Criminal Procedure.
(2) Computation of time under this section shall be pursuant to Rule 45 of the Vermont Rules of Criminal Procedure. (Added 2001, No. 124 (Adj. Sess.), § 5, eff. June 5, 2002; amended 2009, No. 154 (Adj. Sess.), § 119; 2017, No. 11, § 32.)