17-6-31. Surrender of principal by surety; release of surety liability prior to entry of judgment.

When the court is not in session, a surety on a bond may surrender the surety’s principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in which the case is pending in order to be released from liability. If the sheriff or the responsible law enforcement officer of the jurisdiction refuses such surrender, the surety shall be released from liability.#

When the court is in session, a surety on a bond may surrender the surety’s principal in open court.#

The principal shall also be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability.#

1. (1)

   Furthermore, the surety shall be released from liability if, prior to entry of judgment, there is:#

   1. (A)

      A deferred sentence;#

   2. (B)

      A presentence investigation;#

   3. (C)

      Entry into a pretrial intervention and diversion program;#

   4. (D)

      Entry into an educational and rehabilitation program;#

   5. (E)

      A fine;#

   6. (F)

      A dead docket;#

   7. (G)

      Death of the principal;#

   8. (H)

      Participation in an accountability court; or#

   9. (I)

      Entry into a pretrial release program.#

2. (2)

   Furthermore, the surety shall be released from liability at the discretion of the court if the principal used a false name when he or she was bound over and committed to jail or a correctional institution and was subsequently released from such facility unless the surety knew or had reason to know that the principal used a false name.#

If the prosecuting attorney does not try the charges against a defendant within a period of two years in the case of felonies and one year in the case of misdemeanors after the date of posting bond, then judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This subsection shall not apply where the prosecuting attorney’s failure to try the charges is due to the fault of the principal.#

No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty.#