WILLIAM DONALD SCHAEFER, Governor Ch. 701

(3)  If a criminal case is stetted, (i) the defendant
is entitled to a refund of any collateral put up by him for bail
or recognizance; (ii) any other person who has furnished
collateral is likewise entitled to refund; and (iii) if any bond
or other security has been furnished, the bond or other security
shall be discharged, unless it has been declared forfeited AND 10
YEARS HAVE ELAPSED SINCE THE BOND OR OTHER SECURITY WAS POSTED,
in which event neither the defendant nor any other person is
entitled to a refund or discharge.

(4)  ANY COURT EXERCISING CRIMINAL JURISDICTION SHALL
MAY NOT EXERCISE A FORFEITURE OF THE BOND OR COLLATERAL POSTED BY
A SURETY AND SHALL RETURN THE BOND OR COLLATERAL TO THE SURETY
WHERE:

(I)  THE DEFENDANT FAILS TO APPEAR IN COURT; AND

(II)  THE SURETY PRODUCES EVIDENCE, IN
COMPLIANCE WITH THE TIME CONSTRAINTS OF PARAGRAPH (1) OF THIS
SUBSECTION, THAT:

1.  THE DEFENDANT IS INCARCERATED IN A
PENAL INSTITUTION OUTSIDE THE STATE; AND

2.  THE STATE'S ATTORNEY IS UNWILLING TO
ISSUE A DETAINER AND SUBSEQUENTLY EXTRADITE THE DEFENDANT.

(5)  ANY COURT EXERCISING CRIMINAL JURISDICTION THAT
HAS ORDERED FORFEITURE OF A BOND OR COLLATERAL, AFTER EXPIRATION
OF THE TIME ALLOTTED BY PARAGRAPH (1) OF THIS SUBSECTION FOR A
SURETY TO PRODUCE A DEFENDANT, SHALL RETURN THE FORFEITED BOND OR
COLLATERAL UPON THE PRODUCTION OF IF THE SURETY, WITHIN 10 YEARS
FROM THE DATE THE BOND OR COLLATERAL WAS POSTED, PRODUCES
EVIDENCE THAT:

(I)  THE DEFENDANT IS INCARCERATED IN A PENAL
INSTITUTION OUTSIDE THE STATE; AND

(II)  THE STATE'S ATTORNEY IS UNWILLING TO ISSUE
A DETAINER AND SUBSEQUENTLY EXTRADITE THE DEFENDANT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
apply only to bonds or other security for bail posted on or after
the effective date of this Act.

SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1988.

Approved May 27, 1988.

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