(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 the defendant, the sheriff shall accept and incarcerate the defendant in lieu of the bail originally set by the court.
(2)  At the time of surrender of the defendant to the sheriff, the surety insurance company or its bail agent or person posting a property bond or cash deposit shall provide the sheriff with a certificate of surrender.

Terms Used In Idaho Code 19-2913

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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 a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. See Idaho Code 19-2905
  • Bail agent: means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings. See Idaho Code 19-2905
  • Cash deposit: means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court. See Idaho Code 19-2905
  • Certificate of surrender: means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature. See Idaho Code 19-2905
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Forfeiture: means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited. See Idaho Code 19-2905
  • Person: means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho. See Idaho Code 19-2905
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Property bond: means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered. See Idaho Code 19-2905
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Surety insurance company: means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code. See Idaho Code 19-2905
  • Surrender: means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending. See Idaho Code 19-2905
(3)  The surety insurance company or its bail agent or person posting a property bond or cash deposit shall, within five (5) business days of the surrender of the defendant, file with the court in which the action or appeal is pending the certificate of surrender and shall deliver a copy of the same to the attorney for the state. The court shall thereupon order the bail exonerated.
(4)  At any time before forfeiture of bail, a defendant may surrender himself to the sheriff of the county where the action is pending. Upon surrender by the defendant, the sheriff shall accept and incarcerate the defendant in lieu of the bail originally set by the court.