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Marginalia
Code · Wisconsin · Chapter 969 — Bail and other conditions of release

969.13 Forfeiture.

448 words·~2 min read·/wi/chapter-969/969-13-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

969.13 Forfeiture.
(1)If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.
(2)This order may be set aside upon such conditions as the court imposes if it appears that justice does not require the enforcement of the forfeiture.
(3)By entering into a bond, the defendant and sureties submit to the jurisdiction of the court for the purposes of liability on the bond and irrevocably appoint the clerk as their agent upon whom any papers affecting their bond liability may be served. Their liability may be enforced without the necessity of an independent action.
(4)Notice of the order of forfeiture under sub.
(1)shall be mailed forthwith by the clerk to the defendant and the defendant’s sureties at their last addresses. If the defendant does not appear and surrender to the court within 30 days from the date of the forfeiture and within such period the defendant or the defendant’s sureties do not satisfy the court that appearance and surrender by the defendant at the time scheduled for the defendant’s appearance was impossible and without the defendant’s fault, the court shall upon motion of the district attorney enter judgment for the state against the defendant and any surety for the amount of the bail and costs of the court proceeding. Proceeds of the judgment shall be paid to the county treasurer. The motion and such notice of motion as the court prescribes may be served on the clerk who shall forthwith mail copies to the defendant and the defendant’s sureties at their last addresses.
(a)A cash deposit made with the clerk pursuant to this chapter shall be applied first to the payment of any recompense determined under par.
(b)and then, if the recompense is paid in full, to the payment of costs. If any amount of such deposit remains after the payment of costs, it shall be applied to payment of the judgment of forfeiture. The person making the cash deposit shall be given written notice of the requirements of this paragraph.
(b)The court shall determine a recompense amount for any victim, or if the victim is deceased, for his or her estate, of the crime for which the bond was entered into unless the court finds substantial reason not to do so and states the reason on the record. The court shall determine the recompense amount in the same manner as the court would have determined the restitution amount under s. 973.20
(2),
(3),
(4),
(4m),
(5), and
(7)had the person been convicted.
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