19-2927 — FORFEITURE OF BAIL
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TITLE 19
CRIMINAL PROCEDURE
CHAPTER 29
BAIL
19-2927. FORFEITURE OF BAIL. If, without sufficient excuse, the defendant
neglects to appear before the court upon any occasion when his presence has
been ordered the court must immediately direct the fact to be entered upon its
minutes, order the forfeiture of the undertaking of bail, or the money
deposited instead of bail, as the case may be, and order the issuance of a
bench warrant for the arrest of the defendant. The clerk shall mail written
notice within five (5) days of the forfeiture for failure to appear to the
last known address of the person posting the undertaking of bail. A failure to
give timely notice shall exonerate the bail or undertaking. If at any time
within ninety (90) days after such entry in the minutes, the defendant appears
and satisfactorily excuses his neglect, the court shall direct the forfeiture
of the undertaking or the deposit to be exonerated.
If within ninety (90) days of the date of forfeiture, a person, other than
the defendant, who has provided bail for the defendant, surrenders the
defendant to any Idaho peace officer, the undertaking of bail or deposits are
thereby exonerated.
The court which has forfeited the undertaking of bail, or the money
deposited instead of bail, may, before remittance of the forfeiture, and with
the written consent of the person posting the same, set aside the forfeiture
and reinstate the undertaking of bail or money deposited instead of bail.