77-20-403.  Disposition of forfeited monetary bail.
     If money deposited as a financial condition or money paid by a surety on a bail bond is forfeited and the forfeiture is not discharged or remitted, the clerk with whom the money is deposited or paid shall, immediately after final adjournment of the court, pay over the money forfeited as follows:

(1)  the forfeited amount in cases in precinct justice courts or in municipal justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and

Terms Used In Utah Code 77-20-403

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means pretrial release. See Utah Code 77-20-102
  • Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
  • Forfeiture: means :
(a) to divest an individual or surety from a right to the repayment of monetary bail; or
(b) to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. See Utah Code 77-20-102
  • Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
  • Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
    • (2)  in all other cases:

    (a)  where the financial condition was paid by a surety:

    (i)  60% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215;

    (ii)  20% of the forfeited amount shall be paid to the General Fund; and

    (iii)  20% of the forfeited amount shall be paid to the prosecuting agency that brings an action to collect under Section 77-20-505; and

    (b)  where the financial condition was paid without the assistance of a surety:

    (i)  75% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215; and

    (ii)  25% of the forfeited amount shall be paid to the General Fund.

    Renumbered and Amended by Chapter 4, 2021 Special Session 2

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