2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 3 - PROCEEDINGS FOR FORFEITURE OF BONDS OR RECOGNIZANCES (§§ 17-6-70 — 17-6-73) › Section 17-6-72 - Conditions not warranting forfeiture of bond for failure to appear; remission of forfeiture

(a)
No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of a licensed physician that the principal on the bond was prevented from attending court due to a mental or physical disability or the principal on the bond was receiving inpatient treatment as involuntary treatment, as such terms are defined in Code Section
37-3-1
.
(b)
No judgment shall be rendered on a forfeiture of any appearance bond if the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. Written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement. Upon the presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case, along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed on the principal. Should there be a failure to place a detainer or hold within ten business days of the surety's service of a detainer or hold request, and after such presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court.
(c)
No judgment shall be rendered on a forfeiture of any appearance bond if prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. Written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement. Upon presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed against the principal. Should there be a failure to place a detainer or hold within ten business days of the surety's service of a detainer or hold request, and after presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court.
(d)
In cases in which subsection (e) of this Code section is not applicable, the court shall order remission under the following conditions:
(1)
Provided the bond amount, including all surcharges, has been paid within 150 days after entry of the judgment and upon application filed within 150 days from the payment of judgment with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount, including all surcharges, remitted to the surety if the principal is produced, surrendered, or otherwise appears before the court that has jurisdiction of the bond or if the surety provides proof of the principal's incarceration or confinement in another jurisdiction or proof of the principal's death within such 150 day period following payment of the judgment;
(2)
Provided the bond amount, including all surcharges, has been paid within 150 days after the entry of judgment and upon application filed within 60 days following the expiration of the two-year period following the date of judgment with prior notice to the prosecuting attorney of such application, said court shall direct remission of 50 percent of the bond amount, including all surcharges, remitted to the surety if the principal is produced, surrendered, or otherwise appears before the court that has jurisdiction of the bond or if the surety provides proof of the principal's incarceration or confinement in another jurisdiction, proof of the principal's death, or proof that surrender of the principal was denied by the sheriff or other responsible law enforcement officer within such two-year period following payment of the judgment; or
(3)
One hundred percent remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety.
(e)
(1)
If, within 150 days from entry of the judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or the surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond, which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond and all costs have been tendered to the sheriff, the court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled.
(2)
(A)
The court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled, if within 150 days from entry of the judgment, the surety:
(i)
Tenders an amount equal to 5 percent of the face amount of the bond and all costs to the sheriff; and
(ii)
Provides, in writing, the court and the prosecuting attorney for the court that has jurisdiction of the bond with competent evidence giving probable cause to believe that the principal is located in another jurisdiction within the United States and states that it will provide for the reasonable remuneration for the rendition of the principal, as estimated by the sheriff; and
(B)
The prosecuting attorney for the court that has jurisdiction of the bond:
(i)
Declines, in writing, to authorize or facilitate extradition; or
(ii)
Within ten business days of the notice provided pursuant to division (2)(A)(ii) of this subsection, fails to enter the appropriate extradition approval code into the computerized files maintained by the Federal Bureau of Investigation National Crime Information Center, thereby indicating an unwillingness to extradite the principal.
Amended by 2024 Ga. Laws 507,§ 10, eff. 7/1/2024.
Amended by 2022 Ga. Laws 766,§ 2, eff. 7/1/2022.
Amended by 2015 Ga. Laws 192,§ 3, eff. 7/1/2015.
Amended by 2013 Ga. Laws 342,§ 1, eff. 7/1/2013.
Amended by 2009 Ga. Laws 137,§ 2A, eff. 5/5/2009.