Recommitment after bail or deposit of money

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  1. (a) The court in which a prosecution for a public offense is pending may, by an order, direct the defendant to be arrested and committed to jail until legally discharged, after he or she has given bail, or deposited money in lieu thereof, in the following cases:

    1. (1) When by having failed to appear, a forfeiture of bail or of the money deposited has been incurred;

    2. (2) When the court is satisfied that his or her surety, or either of them, is dead, or insufficient, or has moved from the state;

    3. (3) Upon an indictment's being found for an offense not bailable.

  2. (b) Upon the order being made, the clerk shall issue process for the arrest and recommitment of the defendant. If the order is made on account of either of the cases mentioned in subdivision (a)(1) or (a)(2) of this section, the defendant shall be admitted to bail as upon his or her first commitment, in a sum to be fixed by the court and named in the process for his or her arrest.


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