(a) When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court or magistrate shall exonerate the surety and release any bail and, if the bail be in a form other than a recognizance, the deposit shall be returned to the person who made the same. The surety may be exonerated by a deposit of cash in the amount of the bail or by a timely surrender of the defendant into custody.
(b) Notwithstanding any provision of this code to the contrary, when a bail bondsman, as defined in article ten, chapter fifty-one of this code, has a surety bond forfeited because of the failure of a defendant to appear before a court or magistrate, that bail bondsman shall be reimbursed the full amount of the bond forfeiture, be it cash or surety, if the bail bondsman returns the defendant to the custody of the court or magistrate, within two years of the forfeiture of the bond.
(c) The Administrator of the West Virginia Supreme Court of Appeals shall, ex officio, be empowered to audit, review and suspend any bail bondsman whose surety on bonds is or becomes insufficient or whose assets are below the amount of bonds he or she has in existence.
Structure West Virginia Code
Chapter 62. Criminal Procedure
§62-1C-1. Right to Bail; Exceptions; Review
§62-1C-2. Bail Defined; Form; Receipts
§62-1C-3. Fixing of Amount; Bail May Cover Two or More Charges
§62-1C-5. Recognizance and Deposits Subject to Order of Court or Magistrate
§62-1C-7. Forfeiture of Bail; Basis Therefor
§62-1C-8. Same -- Setting Aside
§62-1C-10. Same -- Bail in Excess of Jurisdictional Limit of Justice or of Particular Court
§62-1C-12. Same -- Exoneration; Return of Deposit
§62-1C-13. Same -- Defects in Form of Bail
§62-1C-14. Bailpiece; Issuance to Surety; Taking Accused Into Custody
§62-1C-16. Guaranteed Arrest Bond Certificate
§62-1C-17. Offenses Against Municipalities
§62-1C-17a. Bail in Situations of Alleged Child Abuse
§62-1C-17b. Failure to Appear; Penalties
§62-1C-17c. Bail in Cases of Crimes Between Family or Household Members