WILLIAM DONALD SCHAEFER, Governor                         Ch. 247

(e) (1) Any court exercising criminal jurisdiction shall strike out a forfeiture of
bail or collateral where the defendant can show reasonable grounds for his
nonappearance. However the court shall allow a surety 90 days, or for good cause shown,
180 days from the date of failure to appear to produce the defendant in court before
requiring the payment of any forfeiture of bail or collateral. The court shall strike out a
forfeiture of bail or collateral deducting only the actual expense incurred for the
defendant's arrest, apprehension, or surrender if the defendant is produced in court and
if the arrest, apprehension, or surrender occurs more than 90 days after the defendant's
failure to appear or at the termination of the period allowed by the court to produce the
defendant.

(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, (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 boon 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 exorcising criminal jurisdiction 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 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.

- 1643 -