Definitions.

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  • (1) "Bail bond" means the same as that term is defined in Section 31A-35-102.
  • (2) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
  • (3) "Bail bond producer" means the same as that term is defined in Section 31A-35-102.
  • (4) "Bail commissioner" means a bail commissioner appointed in accordance with Section 17-32-1.
  • (5) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer, from liability for a bail bond.
  • (6) "Financial condition" or "monetary bail" means any monetary condition that is imposed to secure an individual's pretrial release.
  • (7) "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.
  • (8) "Magistrate" means the same as that term is defined in Section 77-1-3.
  • (9) "Own recognizance" means the release of an individual without any condition of release other than the individual's promise to:
    • (a) appear for all required court proceedings; and
    • (b) not commit any criminal offense.
  • (10) "Pretrial detention hearing" means a hearing described in Section 77-20-206.
  • (11) "Pretrial release" or "bail" means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges.
  • (12) "Pretrial risk assessment" means an objective, research-based, validated assessment tool that measures an individual's risk of flight and risk of anticipated criminal conduct while on pretrial release.
  • (13) "Pretrial services program" means a program that is established to:
    • (a) gather information on individuals booked into a jail facility;
    • (b) conduct pretrial risk assessments; and
    • (c) supervise individuals granted pretrial release.
  • (14) "Pretrial status order" means an order issued by a magistrate or judge that:
    • (a) releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges;
    • (b) sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or
    • (c) denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges.
  • (15) "Principal" means the same as that term is defined in Section 31A-35-102.
  • (16) "Surety" means a surety insurer or a bail bond agency.
  • (17) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
  • (18) "Temporary pretrial status order" means an order issued by a magistrate that:
    • (a) releases the individual on the individual's own recognizance until a pretrial status order is issued;
    • (b) sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued; or
    • (c) denies pretrial release and orders that the individual be detained until a pretrial status order is issued.
  • (19) "Unsecured bond" means an individual's promise to pay a financial condition if the individual fails to appear for any required court appearance.




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