Acceptance of recognizance bonds for military personnel

(a) In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the command364 17-6-3 ing officer of the person or the officer’s lawfully delegated subordinates. Any person so charged may be taken into custody on behalf of the military installation by his commanding officer or by persons designated by the commanding officer of the military installation under the following terms and conditions: (1) Immediately following his release he will be returned by the military police or other designated authority directly to the military installation and delivered to the duty officer of the command to which he is attached; (2) He then will be restrained as appropriate in each case. The restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. He normally will be restricted to the limits of the military installation until such time as the charges are dismissed or his case has been adjudicated; (3) He will not be transferred, granted leave, or discharged from the military service without 36 hours’ notice to the sheriff or his deputy sheriff; (4) He will be delivered to the sheriff or his deputy on demand; and (5) These terms or conditions will be withdrawn only upon his posting the required bond or otherwise being released by the sheriff, his deputy, or the appropriate court. (b) The recognizance bond shall be of the following type: In consideration of the release of (name of person charged) charged with (name or description of offense) it is agreed that the aforementioned prisoner will be restrained at the (appropriate military installation) in whatever degree considered to be appropriate by his commanding officer. This restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. It is further agreed that he will not be transferred, granted leave, or discharged from the (appropriate service) without notice to the sheriff or his deputy and will be delivered to the sheriff or his deputy upon demand. These terms and conditions will be withdrawn only upon his posting of the required personal bond or upon the release by the sheriff, his deputy, or the appropriate court. Signed Official title History. — Ga. L. 1921, p. 241, § 1; Code 1933, § 27-902; Ga. L. 1966, p. 428, § 1; Ga. L. 1982, p. 3, § 17; Ga. L. 1983, p. 884, § 3-18; Ga. L. 1984, p. 22, § 17. 365 17-6-4 17-6-4. (For effective date, see note.) Authorization of posting of cash bonds generally; furnishing of receipt to person posting bond; recordation of receipt of bond on docket; disposal of unclaimed bonds. (a) Any party, defendant, accused, or other person required or permitted by law to give or post bond (or bail) as surety or security for the happening of any event or act in criminal matters may discharge the requirement by depositing cash in the amount of the bond so required with the appropriate person, official, or other depository. (b) Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a separate court case on a docket, a docket shall be prepared, maintained, and kept of all such transactions and the name and address of the person giving or making the bond, the date of the receipt of the bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond, together with any and all other information desirable concerning the bond, shall be a part of the record in that separate docket. (c) (For effective date, see note.) In the event that any cash bail posted pursuant to this Code section or Code Section 17-6-5 is not later claimed by the surety on such bond after a period of two years from the earlier of either the date of the surety being released from liability pursuant to Code Section 17-6-31 or the date of disposition of the case by the prosecutor or the court, including any appeal of a verdict or sentence, then the cash shall be paid into the general fund of the county having trial venue of the case, as in the case of forfeited cash bonds, provided that the officer who is in possession of such cash bail shall first have notified the surety, by mailing notice to such surety at the last address given by such surety, that such funds shall be forfeited if they are not claimed within 90 days following the date of mailing of such notice. Any claim by a surety for refund of a cash bail shall include acceptable documentary proof of disposition of the case from the prosecuting official or appropriate court records or such other documentation as may be acceptable to the official holding such cash bail as proof that the case has been settled. History. — Ga. L. 1969, p. 41, §§ 1, 2; Ga. L. 1991, p. 749, § 1; Ga. L. 2020, p. 492, § 1/SB 446. Delayed effective date. — This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective Janu- ary 1, 2021, in the middle of the first sentence of subsection (c), substituted ‘‘two years from the earlier of either the date of the surety being released from liability pursuant to Code Section 17-6-31’’ for ‘‘seven years from the later of either the date on which the defendant was required to appear in court’’ and ‘‘is in possession of ’’ for ‘‘accepted.’’ 366 17-6-5