97-H 5968
Effective Without the Governor's Signature
Jul. 8, 1997


It is enacted by the General Assembly as follows

SECTION 1. Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and Recognizance" is hereby amended to read as follows:

12-13-10. Deposit of money in lieu of bail. -- Any person who is held in custody or committed upon a criminal charge, if entitled to be released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court, give before the court in which he or she is held to appear, his or her personal recognizance to appear and do as ordered by such court, and shall be allowed to deposit, either individually or by another on his or her behalf, with the court in money, ten percent (10%) of the amount of bail which he or she is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and upon delivery of the certificate to the officer in whose custody he or she is, shall be released from custody, and the money shall be deposited in the registry of the court before which the person shall be recognized to appear. Upon the default of the defendant the court before which he or she is recognized to appear may, at any time thereafter, order the money deposited in the registry of the court or in the discretion of the court the entire amount of the bail set to be forfeited, and the money shall thereupon be paid to the general treasurer. If money has been deposited and the defendant at any time before forfeiture shall appear before the court to which he or she was recognized to appear, and shall surrender himself or herself, or shall recognize before the court with sufficient surety or sureties, in such an amount, to appear and do, as the court may order, or be in any manner legally discharged, then the court shall order the return of the deposit to the defendant. If the money remains on deposit at the time of a judgment for the payment of a fine and costs, restitution, or any other assessment issued by the court, the clerk must, apply the money in satisfaction of the judgment, and after satisfying the fine and costs, {ADD restitution, or any other assessment ADD} must refund the surplus, if any, to the defendant or to the individual who posted the money on behalf of the defendant, as the case may be.

SECTION 2. This act shall take effect upon passage.

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