(a) If the defendant whose release is secured under § 40-11-122 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order of forfeiture shall be immediately sent by regular mail by the clerk of the court to the defendant at the defendant's last known address. The defendant's surety will be served with scire facias upon the forfeiture entered and a capias shall be issued for the defendant. When the defendant, who failed to appear pursuant to conditions of a bail bond, is arrested on a capias, the surety on the defendant's forfeited bond is released.
(b) After the expiration of one hundred eighty (180) days from the date surety is served with scire facias or scire facias is returned to the clerk unserved or undelivered, the court may enter judgment for the state against the defendant and the defendant's sureties for the amount of the bail and costs of the proceedings.
(c) No execution shall issue upon a final forfeit, nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry.
(d) (1) If a court issues a bench warrant or a capias due to a defendant's failure to appear on a felony that is violent or sexual in nature as determined by the court, then the defendant shall be placed on any available state or federal list or database as a fugitive from justice, including the National Crime Information Center.(2) If necessary, the judicial official must sign the bench warrant or capias by the end of the next business day after the defendant's failure to appear. The clerk shall transmit the bench warrant or capias to the entering agency by the end of the next business day after issuance. The entering agency shall enter the bench warrant or capias into any available state or federal list or database, including the National Crime Information Center.(3) The court may relieve the surety of liability for an undertaking if the defendant has not been placed on the available state or federal list or database within five (5) business days of the entering agency's receipt of the bench warrant or capias.(4) If the defendant is apprehended outside the state by a law enforcement agency in a jurisdiction that is outside the limitation entered into the state or federal list or database, then the district attorney general must determine, within one (1) business day of being notified of the apprehension, whether to initiate extradition proceedings for the defendant's return.
(1) If a court issues a bench warrant or a capias due to a defendant's failure to appear on a felony that is violent or sexual in nature as determined by the court, then the defendant shall be placed on any available state or federal list or database as a fugitive from justice, including the National Crime Information Center.
(2) If necessary, the judicial official must sign the bench warrant or capias by the end of the next business day after the defendant's failure to appear. The clerk shall transmit the bench warrant or capias to the entering agency by the end of the next business day after issuance. The entering agency shall enter the bench warrant or capias into any available state or federal list or database, including the National Crime Information Center.
(3) The court may relieve the surety of liability for an undertaking if the defendant has not been placed on the available state or federal list or database within five (5) business days of the entering agency's receipt of the bench warrant or capias.
(4) If the defendant is apprehended outside the state by a law enforcement agency in a jurisdiction that is outside the limitation entered into the state or federal list or database, then the district attorney general must determine, within one (1) business day of being notified of the apprehension, whether to initiate extradition proceedings for the defendant's return.
(e) The surety is only responsible for costs in accordance with § 40-11-201.