Go to Other Versions of The
Utah Code
2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 20b - Bail Surety
Section 101 - Entry of nonappearance -- Notice to surety -- Release of surety on failure of timely notice.
Universal Citation:
UT Code § 77-20b-101 (2020)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 10/1/2020
77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on failure of timely notice.
Amended by Chapter 185, 2020 General Session
77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on failure of timely notice.
- (1) If a defendant who has posted bail fails to appear before the appropriate court as required, the court shall within 30 days of the failure to appear issue a bench warrant that includes the original case number. The court shall also direct that the surety or surety insurer be given notice of the nonappearance. The clerk of the court shall:
- (a) email notice of nonappearance to the surety or surety insurer at the email address provided on the bond;
- (b) email a copy of the notice sent under Subsection (1)(a) to the prosecutor's office; and
- (c) ensure that the name, address, business email address, and telephone number of the surety, its agent, or surety insurer as listed on the bond is stated on the bench warrant.
- (2) The prosecutor may email notice of nonappearance to the address of the surety or surety insurer as listed on the bond within 37 days after the date of the defendant's failure to appear.
- (3) If notice of nonappearance is not emailed to a surety or surety insurer as listed on the bond, other than the defendant, in accordance with Subsection (1) or (2), the surety or surety insurer and its bond producer are relieved of further obligation under the bond if the surety or surety insurer have listed their current name and email addresses on the bond in the court's file.
- (4)
- (a)
- (i) If a defendant appears in court within 30 days after a missed, scheduled court appearance, the court may reinstate the bond without further notice to the surety or surety insurer.
- (ii) If the defendant, while in custody, appears on the case for which the bond was posted, the court may not reinstate the bond without the consent of the bond company.
- (b) If a defendant fails to appear within 30 days after a scheduled court appearance, the court may not reinstate the bond without the consent of the surety or surety insurer.
- (c) If the defendant is arrested and booked into a county jail booking facility pursuant to a warrant for failure to appear on the original charges and the court is notified of the arrest, or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of judgment of forfeiture, the court shall exonerate the bond.
- (d) Unless the court makes a finding of good cause why the bond should not be exonerated, it shall exonerate the bond if:
- (i) the surety or surety insurer has delivered the defendant to the county jail booking facility in the county where the original charge or charges are pending;
- (ii) the defendant has been released on a bond secured from a subsequent surety or surety insurer for the original charge and the failure to appear;
- (iii) after an arrest, the defendant has escaped from jail or has been released on the defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail capacity, or by a sheriff's release under Section 17-22-5.5;
- (iv) the surety or surety insurer has transported or agreed to pay for the transportation of the defendant from a location outside of the county back to the county where the original charge is pending, and the payment is in an amount equal to government transportation expenses listed in Section 76-3-201; or
- (v) the surety or surety insurer demonstrates by a preponderance of the evidence that:
- (A) at the time the surety or surety insurer issued the bond, it had made reasonable efforts to determine that the defendant was legally present in the United States;
- (B) a reasonable person would have concluded, based on the surety's or surety insurer's determination, that the defendant was legally present in the United States; and
- (C) the surety or surety insurer has failed to bring the defendant before the court because the defendant is in federal custody or has been deported.
- (e) Under circumstances not otherwise provided for in this section, the court may exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's or surety insurer's motion and there is good cause for the bond to be exonerated.
- (f) If a surety's or surety insurer's bond has been exonerated under this section and the surety or surety insurer remains liable for the cost of transportation of the defendant, the surety or surety insurer may take custody of the defendant for the purpose of transporting the defendant to the jurisdiction where the charge is pending.
- (a)
Amended by Chapter 185, 2020 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
