19-2909. PROPERTY BOND. A property bond may be posted by the defendant or third person on behalf of the defendant. For real property to qualify as sufficient surety, it must be located in the state of Idaho and must have an equity value, after deducting the outstanding balance of any existing liens and encumbrances, in the amount of the bail set by the court plus anticipated collection costs. Acceptance of a property bond is in the discretion of the court. A property bond posted with and accepted by the court pursuant to this section, and recorded, shall constitute a consensual lien on the property pursuant to section 55-1005(3), Idaho Code. All fees shall be paid by the person posting the property bond. An order of the court exonerating the property bond shall extinguish the lien and cancel the promissory note. The property bond and the promissory note shall be in a form approved by the supreme court.
History:
[19-2909, added 2009, ch. 90, sec. 2, p. 262.]
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.