77-20-502. Time for bringing defendant to court — Defendant in custody in another jurisdiction — Notice to prosecuting attorney.
(1)
Terms Used In Utah Code 77-20-502
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
(a)
If notice of a defendant’s failure to appear is emailed to a surety under Section 77-20-501, the surety may bring the defendant before the court, or surrender the defendant into the custody of a county sheriff within the state, within 180 days after the day on which the defendant failed to appear in court as required.
(b)
A forfeiture action may not be brought during the 180-day time period described in Subsection (1)(a).
(2)
A surety may request an extension of the 180-day time period in Subsection (1) if the surety within that time:
(a)
files a motion for extension with the court; and
(b)
mails the motion for extension and a notice of hearing on the motion to the prosecuting attorney.
(3)
The court may extend the 180-day time period in Subsection (1) for no more than 30 days if:
(a)
the surety has complied with Subsection (2); and
(b)
the court finds good cause.
(4)
If a surety is unable to bring a defendant to the court because the defendant is and will be in the custody of authorities of another jurisdiction, the surety shall:
(a)
notify the court and the prosecuting attorney; and
(b)
provide the name, address, and telephone number of the custodial authority.
Renumbered and Amended by Chapter 4, 2021 Special Session 2
