77-20-502. Time for bringing defendant to court -- Defendant in custody in another jurisdiction -- Notice to prosecuting attorney.
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Effective 11/16/2021
77-20-502. Time for bringing defendant to court -- Defendant in custody in another jurisdiction -- Notice to prosecuting attorney.
(a)If notice of a defendant's failure to appear is emailed to a surety under Section 77-20-501 , the surety may bring the defendant before the court, or surrender the defendant into the custody of a county sheriff within the state, within 180 days after the day on which the defendant failed to appear in court as required.
(b)A forfeiture action may not be brought during the 180-day time period described in Subsection (1)(a) .
(2)A surety may request an extension of the 180-day time period in Subsection
(1)if the surety within that time:
(a)files a motion for extension with the court; and
(b)mails the motion for extension and a notice of hearing on the motion to the prosecuting attorney.
(3)The court may extend the 180-day time period in Subsection
(1)for no more than 30 days if:
(a)the surety has complied with Subsection
(2); and
(b)the court finds good cause.
(4)If a surety is unable to bring a defendant to the court because the defendant is and will be in the custody of authorities of another jurisdiction, the surety shall:
(a)notify the court and the prosecuting attorney; and
(b)provide the name, address, and telephone number of the custodial authority.
Renumbered and Amended by Chapter 4 , 2021 Special Session 2