19-2905. DEFINITIONS. As used in this chapter, unless the context requires otherwise:
(1) "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.
(2) "Bail agent" means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings.
(3) "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.
(4) "Bench warrant" means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient.
(5) "Cash deposit" means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court.
(6) "Certificate of surrender" means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature.
(7) "Conditions of release" means any reasonable restrictions, conditions or prohibitions placed upon the defendant’s activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court.
(8) "Exoneration" means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond.
(9) "Forfeiture" means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited.
(10) "Order of recommitment" means an order of the court committing the defendant back to the custody of the sheriff.
(11) "Person" means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho.
(12) "Property bond" means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered.
(13) "Readmittance to bail" means an order of the court allowing the defendant to post new bail following an order of revocation.
(14) "Recommitment" means the return of the defendant to the custody of the sheriff following revocation or forfeiture of bail.
(15) "Reinstatement of bail" means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited.
(16) "Revocation of bail" means an order by the court revoking the defendant’s release on bail.
(17) "Surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.
(18) "Surrender" means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending.
History:
[19-2905, added 2009, ch. 90, sec. 2, p. 260.]
Structure Idaho Code
Section 19-2901 - SHORT TITLE.
Section 19-2902 - STATEMENT OF POLICY.
Section 19-2903 - RIGHT TO BAIL — LIMITATIONS.
Section 19-2904 - BAIL, RELEASE ON RECOGNIZANCE AND CONDITIONS OF RELEASE.
Section 19-2905 - DEFINITIONS.
Section 19-2906 - ADMISSION TO BAIL.
Section 19-2907 - POSTING BAIL — SUFFICIENT SURETIES.
Section 19-2908 - CASH DEPOSIT APPLIED TO PAYMENTS OF FINES, FEES, COSTS AND RESTITUTION.
Section 19-2909 - PROPERTY BOND.
Section 19-2910 - SUBSTITUTION OF SUFFICIENT SURETIES.
Section 19-2911 - RELEASE OF DEFENDANT ON POSTING BAIL.
Section 19-2912 - INCREASING OR REDUCING BAIL.
Section 19-2913 - SURRENDER OF DEFENDANT.
Section 19-2914 - ARREST OF DEFENDANT FOR SURRENDER.
Section 19-2914A - BAIL ENFORCEMENT AGENTS.
Section 19-2915 - FORFEITURE OF BAIL.
Section 19-2916 - SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL.
Section 19-2917 - MOTION TO SET ASIDE FORFEITURE.
Section 19-2918 - REMITTANCE OF FORFEITURE — PAYMENT OF BAIL.
Section 19-2919 - REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE.
Section 19-2920 - REVOCATION OF BAIL — INSUFFICIENT SURETY.
Section 19-2921 - ORDER OF RECOMMITMENT — READMITTANCE TO BAIL.