Title 19 — CRIMINAL PROCEDURE

19-2901. short title. This chapter shall be known and may be cited as the "Idaho Bail Act."

19-2902. sTATEMENT OF policy. (1) The legislature finds and declares that: (a) Bail, in criminal cases, is a constitutional right subject to certain limitations; (b) It is necessary to establish a statewide process to uniformly implement this right and the limitations. (2) The pu…

19-2903. RIGHT TO BAIL — limitations. Any person charged with a crime who is not released on his own recognizance is entitled to bail, as a matter of right, before a plea or verdict of guilty, except when the offense charged is punishable by death and the proof is evident or the …

19-2904. bail, RELEASE ON RECOGNIZANCE and CONDITIONS OF RELEASE. The court may release a person on his own recognizance or set an amount of bail, and may impose any conditions of release. In making these determinations the court shall consider the following objectives: (1) Ensur…

19-2905. definitions. As used in this chapter, unless the context requires otherwise: (1) "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. (2) "Bail agent" means a producer licensed by the…

19-2906. ADMISSION TO BAIL. Admission to bail is the order of a competent court that the defendant shall be released from actual custody of the sheriff upon posting bail.

19-2907. POSTING BAIL — SUFFICIENT SURETIES. (1) The posting of bail consists of filing sufficient sureties with the court, as required by the court, to ensure the defendant’s appearance. Sufficient sureties shall consist of any one (1) of the following: (a) A bail bond; (b) A pr…

19-2908. cash deposit applied to payments of fines, fees, costs and restitution. When bail has been posted by cash deposit and remains on deposit at the time of the judgment or order withholding judgment, the clerk of the court shall, under the direction of the court, apply the m…

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…

19-2910. substitution of sufficient sureties. At any time before an order of forfeiture, the court may allow the defendant to substitute any type of surety identified in section 19-2907, Idaho Code, for the previously posted surety. Upon substitution, the previously posted surety…

19-2911. release of defendant on posting bail. Upon the posting of bail in the amount set by the court, the defendant shall be released from the actual custody of the sheriff.

19-2912. increasing or reducing bail. After a defendant has been admitted to bail, the court in which the charge is pending may, upon good cause shown, increase or reduce the amount of bail. If the amount is increased, the court shall order the defendant to be committed to the ac…

19-2913. surrender of defendant. (1) At any time before forfeiture of bail, a surety insurance company or its bail agent or person posting a property bond or cash deposit may surrender the defendant to the sheriff of the county where the action is pending. Upon the surrender of t…

19-2914. arrest of defendant for surrender. At any time before the exoneration of bail, the surety insurance company or its bail agent or the person posting a property bond or cash deposit may empower a bail enforcement agent to arrest the defendant at any place within the state …

19-2914A. bail enforcement agents. (1) As used in this section, "bail enforcement agent" or "agent" means a person who: (a) Is empowered to arrest or surrender a defendant at any time before the exoneration of bail; and (b) Meets the requirements of this section. (2) Requirements…

19-2915. forfeiture of bail. (1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately: (a) Enter the defendant’s failure to appear in the minutes; (b) Order forfeiture of the bail; and (c) Issue a bench warrant for th…

19-2916. setting aside order of forfeiture and reinstating bail. If the defendant appears in court after the entry of the defendant’s failure to appear and satisfactorily explains his failure to appear, the court may set aside the order of forfeiture and reinstate bail. Before re…

19-2917. motion to set aside forfeiture. Pursuant to a motion filed within one hundred eighty (180) days after an order of forfeiture as provided in section 19-2915, Idaho Code, the court that ordered forfeiture may direct that the order of forfeiture be set aside, in whole or in…

19-2918. REMITTANCE OF FORFEITURE — PAYMENT OF BAIL. (1) The person posting bail shall pay to the clerk of the court the amount of bail ordered within five (5) business days after the expiration of the one hundred eighty (180) day period following the order of forfeiture of bail …

19-2919. revocation of bail — violation of conditions of release. (1) Upon its own motion or upon a verified petition alleging that the defendant willfully violated a condition of release, the court may issue a bench warrant directing that the defendant be arrested and brought be…

19-2920. revocation of bail — insufficient surety. (1) Private surety. Upon the filing of a verified petition alleging that the bail posted by a cash deposit or property bond has become insufficient by reason of bankruptcy, death or any other reason, the court may order the defen…

19-2921. order of recommitment — readmittance to bail. In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pendi…

19-2922. exoneration of bail. The court shall order the bail exonerated in the following circumstances: (1) The defendant has appeared for all court proceedings as ordered and all charges for which the bail has been posted have been resolved by acquittal, dismissal or sentencing;…

19-2923. severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the rema…