Sec. 15.
(1) If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order. The treasurer or clerk, upon presentation of a certified copy of such order, shall dispose of the cash, check, or security pursuant to the order. The court shall set aside the forfeiture and discharge the bail or bond, within 1 year from the time of the forfeiture judgment, in accordance with subsection (2) if the person who forfeited bond or bail is apprehended, the ends of justice have not been thwarted, and the county has been repaid its costs for apprehending the person.
(2) If bond or bail is discharged, the court shall enter an order with a statement of the amount to be returned to the depositor. If the court ordered the defendant to pay a fine, costs, restitution, assessment, or other payment, the court shall order the fine, costs, restitution, assessment, or other payment collected out of cash bond or bail personally deposited by the defendant under this chapter, and the cash bond or bail used for that purpose shall be allocated as provided in section 22 of chapter XV. Upon presentation of a certified copy of the order, the treasurer or clerk having the cash, check, or security shall pay or deliver it as provided in the order to the person named in the order or to that person's order.
(3) If the cash, check, or security is in the hands of the sheriff or any officer other than the treasurer or clerk, the officer holding it shall dispose of the cash, check, or security as the court orders upon presentation of a certified copy of the court's order.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17177 ;-- CL 1948, 765.15 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970 ;-- Am. 1970, Act 226, Eff. Apr. 1, 1970 ;-- Am. 1993, Act 343, Eff. May 1, 1994 Former Law: See section 4 of Act 332 of 1919.
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-V - Chapter V Bail (765.1...765.31)
Section 765.2 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.4 - Admission to Bail; Procedure for Information, Same as Under Indictment.
Section 765.5 - Admission to Bail; Persons Not Entitled.
Section 765.6a - Cash Bond or Surety as Condition of Granting Application for Bail.
Section 765.6c - Bail; Cash Deposit; Use.
Section 765.6d - Release on Bail; Waiver of Extradition.
Section 765.8 - Surety or Bail Posted by Attorney or Counselor Prohibited.
Section 765.9 - Surety; Person Acting in Same Capacity on Other Bond.
Section 765.10, 765.11 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.12a - Money Collected in Addition to Bail or Bond Money; Disposition; Purpose.
Section 765.13 - Depository; Receipt.
Section 765.14 - Deposit of Cash; Filing Duplicate Receipts in Court, Effect.
Section 765.16 - Subjection to Legal Process; Assignment.
Section 765.17 - Deposit in Special Fund; Interest.
Section 765.18 - Deposit of Cash; Redemption Before Forfeiture by Substitution of Bond.
Section 765.19 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.21 - Surety on Recognizance; Attachment of Lien; Record Notice of Lien, Form, Effect.
Section 765.22 - Surety on Recognizance; Discharge; Notice, Form.
Section 765.24 - Effect of Chapter on Certain Recognizances; Order Releasing Lien.
Section 765.25 - Perjury in Affidavit of Justification; Penalty.
Section 765.26 - Release of Surety; Arrest or Detention of Accused; Mittimus.
Section 765.27 - Action on Recognizance; Technicality as Bar.
Section 765.29 - Witness in Criminal Case; Necessity of Giving Bail for Appearance.
Section 765.30 - Minor or Material Witness; Recognizance.
Section 765.31 - Proceeding to Enforce Recognizance; Venue; Service of Process.