MARVIN MANDEL, Governor                               2361

District Court judge may set bond or bail or release on
personal recognizance, bond, personal or otherwise,
commit to jail in default of bond, forfeit bonds upon
failure of the defendant to meet the conditions of the
bond and exercise all of the powers of justices of the
peace under the Constitution of 1867.

(2)   In the District Court, in all criminal or
traffic violations for which bond has been set, a
defendant or a private surety acting in his behalf may
post the bond by executing it in the full penalty amount
and by depositing with the clerk of the court or a
commissioner a sum of money equal to 10% of the penalty
amount or $25, whichever is greater. A judge may
increase the percentage of cash surety required in a
particular case but in no event shall a cash deposit be
less than $25* This paragraph does not apply if the
defendant has been arrested for failure to appear in
court or for contempt of court.

(3)    Upon depositing the sum provided in paragraph
(2) hereof and executing the recognizance, the defendant
shall be released from custody subject to the conditions
of the bail bond. When all conditions of the bond have
been performed without default and the defendant has been
discharged from all obligations in the cause for which
the recognizance was posted, the clerk of the court shall
return the amount deposited to the person or private
surety who first deposited it.

(4)   If the defendant fails to perform any or all of
the conditions of the bail bond, it shall be forfeited;
and in the event of forfeiture, the liability of the bond
shall extend to the full amount of the bond set and the
amount previously posted as a deposit shall be applied to
reduce the liability incurred by the forfeiture.

(d)(1) Any court exercising criminal jurisdiction
may strike out a forfeiture of bail or collateral where
the defendant can show reasonable grounds for his
nonappearance and shall allow a surety 90 days from the
date of failure to appear to produce the defendant in
court before requiring forfeiture [or] OF bail or
collateral.

(2)   Evidence of incarceration of a defendant at the
time of forfeiture in any penal institution within the
United States is a wholly sufficient ground to strike out
a forfeiture, if return of the defendant to the
jurisdiction of the court upon expiration of his sentence
at no expense to the state, county, or municipality is
assured.

(3)   If a criminal case is [stetted] [[SETTLED]]