I D A H O S T A T E L E G I S L A T U R E
TITLE 19 CRIMINAL PROCEDURE
CHAPTER 29 - BAIL
19-2901.Admission to bail defined. Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon bail.
19-2902.Taking of bail defined. The taking of bail consists in the acceptance by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the state a specified sum.
19-2903.Capital offenses not bailable. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumption to be drawn therefrom.
19-2904.Admittance to bail before conviction. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. If a person is admitted to bail or released upon the person’s own recognizance, the court making such determination may impose such reasonable terms, conditions and prohibitions as the court finds necessary in the exercise of its discretion, including electronic or global positioning system tracking, monitoring and detention. The court may order a person subject to such conditions to bear the costs of the conditions at the person’s own expense.
19-2905.Bail pending appeal from conviction in a criminal case. Bail may be allowed to the defendant where good cause is shown, in all cases in which the appeal is from the trial, conviction or sentence for a criminal offense; except that no bail shall be allowed when the defendant has been sentenced for the said criminal offense to death, life imprisonment or for a term of incarceration exceeding five (5) years or where there has been an enhanced penalty imposed pursuant to sections 19-2520 or 19-2520A, Idaho Code. Notwithstanding any rule of court or statutory provision to the contrary, no court of the state shall have any power to alter the right to bail pending appeal as limited herein.
19-2906.Nature of bail. (1) If the offense is bailable, the defendant may be admitted to bail before conviction:
(a) For his appearance before the magistrate on the examination of the charge, before being held to answer.
(b) To appear at the court to which the magistrate is required to return the depositions upon the defendant being held to answer after examination.
(c) After indictment, either before the bench warrant is issued for his arrest or upon any order of the court committing him or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the court in which it is found, or to which it may be transferred for trial.
(2) After conviction, and upon an appeal:
(a) If the appeal is from a judgment imposing a fine only, on the undertaking of bail, that he will pay the same, or such part of it as the appellate court may direct, if the judgment is affirmed, modified, or the appeal is dismissed.
(b) If judgment of imprisonment has been given, upon its being affirmed or modified, or upon the appeal being dismissed; or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the court to which said cause may be remanded, and submit himself to the orders and process thereof.
19-2907.Notice of application. When the admission to bail is a matter of discretion, the court or officer to whom the application is made must require reasonable notice thereof to be given to the prosecuting attorney of the county.
19-2908.What magistrate may admit to bail. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus.
19-2909.Form of undertaking. Bail is put in by a written undertaking executed by two (2) sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form:
An order having been made on the .... day of ...., ...., by A.B., a judge of .... county (or as the case may be), that C.D. be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been admitted to bail in the sum of .... dollars; we, E.F. and G.H. (stating their place of residence), hereby undertake that the above named C.D. will appear and answer the charge abovementioned in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment, or if he fails to perform any of these conditions, that we will pay to the people of the state of Idaho the sum set forth above.
19-2910.Qualifications of bail. The qualifications of bail are as follows:
1. Each of them must be a resident, householder or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered.
2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two (2) sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail.
19-2911.Justification of bail. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper.
19-2912.Discharge of defendant on giving bail. Upon the allowance of bail and the execution of the undertaking, the magistrate must, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant must be discharged.
19-2913.Defendant to be taken before magistrate on arrest. When the offense charged in the indictment is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail.
19-2914.Arrest of defendant for capital offense. If the offense charged in the indictment is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench warrant.
19-2915.Bail on habeas corpus. When the defendant is so delivered into custody, he must be held by the sheriff, unless admitted to bail on examination upon a writ of habeas corpus.
19-2916.Undertaking after indictment -- Form. The bail must be put in by a written undertaking, executed by two (2) sufficient sureties (with or without the defendant, in the discretion of the court), and acknowledged before the court, in substantially the following form:
An indictment having been found on .... day of ...., ...., in the district court of the county of ...., charging A.B. with the crime of .... (designating it generally), and he having been admitted to bail in the sum of .... dollars, we, C.D. and E.T., of .... (stating their place of residence), hereby undertake that the above named A.B. will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment; or, if he fails to perform any of these conditions, that we will pay to the people of the state of Idaho the sum set forth above.
19-2917.Bail after indictment -- Application of other sections. The provisions contained in this chapter in relation to bail before indictment, apply to the qualifications of the bail, and to all the proceedings respecting the putting in and justifying of bail and incident thereto.
19-2918.Increase or reduction of bail. After a defendant has been admitted to bail, the court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount be increased, the court shall order the defendant to be committed to actual custody, unless he give bail in such increased amount. If application be made by the defendant for a reduction of the amount, notice of the application must be served upon the prosecuting attorney.
19-2919.Bail on appeal -- Who may admit to. In cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any magistrate having the power to issue a writ of habeas corpus, or by the magistrate before whom the trial was had.
19-2920.Bail on appeal -- Qualifications and how put in -- Undertaking. The bail must possess the qualifications, and must be put in in all respects as provided in this chapter, except that the undertaking must be conditioned as prescribed for undertakings of bail on appeal.
19-2921.Deposit in lieu of bail. The defendant, at any time after an order admitting him to bail, instead of giving bail, may deposit with the clerk of the court in which he is held to answer the sum mentioned in the order, and upon delivering to the officer in whose custody he is, a certificate of the deposit, he must be discharged from custody.
19-2922.Deposit after bail. If the defendant has given bail, he may at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made, the bail is exonerated.
19-2923.Deposit applied to payment of fines, fees and costs. When the money has been deposited, if it remains on deposit at the time of the judgment, the clerk must, under the direction of the court, apply the money in satisfaction of fines, fees and costs imposed in the case and fines, fees and costs which have been imposed against the defendant in any other criminal action, and after satisfying the fines, fees and costs, must refund the surplus, if any, to the party posting the deposit.
19-2924.Surrender of defendant by bail. At any time before the forfeiture of their undertaking, the bail may surrender the defendant in their exoneration, or he may surrender himself to the officer in whose custody he was committed at the time of giving bail, or to the county sheriff where the action is pending, in the following manner:
1. A certificate of surrender, executed by the bail, must be delivered to the officer, who must also attach thereto his signature, the month, day, year and time of day as evidence of surrender and detain the defendant in his custody thereon as upon a commitment. The certificate of surrender shall contain the legal caption of the action in which the undertaking was given, including the name of the defendant, case number, name and address of the bail, and shall clearly state that the bond is being revoked by the bail.
2. The bail or bail bondsman shall, the next judicial day, 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 county prosecuting attorney. The court shall thereupon order that the bail be exonerated.
19-2925.Arrest of defendant for surrender. For the purpose of surrendering the defendant, the bail, at any time before they are finally discharged, and at any place within the state, may themselves arrest him, or by a written authority endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
19-2926.Return of deposit on surrender. If money has been deposited instead of bail, and the defendant at any time before the forfeiture thereof surrenders himself to the officer to whom the commitment was directed in the manner provided in the last two (2) sections, the court must order a return of the deposit to the party posting the deposit, upon producing the certificate of the officer showing the surrender. A copy of the court’s order shall be delivered to the prosecuting attorney.
19-2927.Forfeiture of bail. If, without sufficient excuse, the defendant fails to appear before the court upon any occasion when his presence has been ordered the court must immediately direct the fact to be entered upon its minutes, order the forfeiture of the undertaking of bail, or the money deposited instead of bail, as the case may be, and order the issuance of a bench warrant for the arrest of the defendant. The clerk shall mail written notice within five (5) days of the forfeiture for failure to appear to the last known address of the person posting the undertaking of bail or, if the bail consists of a surety bond, to the surety or its designated agent. A failure to give timely notice shall exonerate the bail or undertaking. If at any time within one hundred eighty (180) days after such entry in the minutes, the defendant appears and satisfactorily excuses his neglect, the court shall direct the forfeiture of the undertaking or the deposit to be exonerated.
If within one hundred eighty (180) days of the date of forfeiture, a person, other than the defendant, who has provided bail for the defendant, surrenders the defendant to the jail facility of the county which issued the warrant, the undertaking of bail or deposits are thereby exonerated.
The court which has forfeited the undertaking of bail, or the money deposited instead of bail, may, before remittance of the forfeiture, and with the written consent of the person posting the same, set aside the forfeiture and reinstate the undertaking of bail or money deposited instead of bail.
19-2928.Enforcement of forfeiture. If the forfeiture is not discharged, as provided in the last section, the prosecuting attorney may, at any time after one hundred eighty (180) days from the entry upon the minutes, as provided in the last section, proceed by action in the name of the county, against the bail upon their undertaking.
19-2929.Forfeiture of deposit. If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, the clerk shall mail written notice within five (5) days to the last known address of the person posting the money of the forfeiture for failure to appear. A failure to give timely notice shall exonerate the bail. If the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of one hundred eighty (180) days, of the date of forfeiture, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county treasurer.
19-2930.Recommitment of defendant after bail. The court to which the committing magistrate returns the depositions, or in which an indictment or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged in the following cases:
1. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited instead thereof.
2. When it satisfactorily appears to the court that his bail, or either of them, are dead or insufficient, or have removed from the state.
3. Upon an indictment being found in the cases provided in section 19-1510.
19-2931.Order for recommitment. The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, constable, marshal, or policeman in this state, and committed to the officer in whose custody he was at the time he was admitted to bail, to be detained until legally discharged.
19-2932.Arrest for recommitment. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be endorsed by a magistrate of that county.
19-2933.Commitment to await judgment. If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.
19-2934.Readmittance to bail. If the order be made for any other cause, and the offense is bailable, the court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum fixed, which must be specified in the order.
19-2935.Who may take bail upon readmittance. When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit to bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated by the court.
19-2936.Bail on recommitment -- Form of undertaking. When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form:
An order having been made on the .... day of ...., ...., by the court (naming it), that A.B. be admitted to bail in the sum of .... dollars in an action pending in that court against him in behalf of the state of Idaho, upon an (information, presentment, indictment, or appeal, as the case may be), we, C.D. and E.F., of (stating their places of residence), hereby undertake that the above named A.B. will appear in that or any other court in which his appearance may be lawfully required upon that (information, presentment, indictment, or appeal, as the case may be), and will at all times render himself amenable to its orders and process and appear for pronouncement of judgment; or if he fails to perform any of these conditions, that we will pay to the state of Idaho the sum set forth above.
19-2937.Bail on recommitment -- Qualifications and how put in. The bail must possess the qualifications and must be put in, in all respects in the manner prescribed in this chapter.
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