31A-35-702. Early surrender without cause.
(1) The bail or bail bond premium shall be returned in full if a bail bond producer without
good cause surrenders a defendant to custody before:
(a) the time specified in the undertaking of bail or the bail bond for the appearance of the
defendant; or
(b) any other occasion where the presence of the defendant in court is lawfully required.
(2) As used in this section, "good cause" includes:
(a) the defendant providing materially false information on the application for bail or a
bail bond;
(b) the court's increasing the amount of bail beyond sound underwriting criteria
employed by:
(i) the bail bond producer; or
(ii) the bail bond surety;
(c) a material and detrimental change in the collateral posted by:
(i) the defendant; or
(ii) a person acting on the defendant's behalf;
(d) the defendant changing the defendant's address or telephone number without giving
reasonable notice to:
(i) the bail bond producer; or
(ii) the bail bond surety;
(e) the defendant commits another crime, other than a minor traffic violation, as defined
by department rule, while on bail;
(f) failure by the defendant to appear in court at the appointed time; or
(g) a finding of guilt against the defendant by a court of competent jurisdiction.
Amended by Chapter 298, 2003 General Session
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Last revised: Thursday, May 28, 2009