Ch. 603                                    1994 LAWS OF MARYLAND

(II) [strike] 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)] (3) Evidence of incarceration of a FUGITIVE 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] SENTENCE, at no expense to the State, county, or
municipality is [assured] PRODUCED OR RETURNED TO THE JURISDICTION OF THE
COURT AS A RESULT OF A DETAINER OR EXTRADITION.

[(3)] (4) 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 op other security was posted,
in which event neither the defendant nor any other person is entitled to a refund or
discharge.

[(4)] (5) Any court exercising 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)] PARAGRAPH (2) 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; AND

3.       THE SURETY AGREES IN WRITING TO DEFRAY THE
EXPENSE OF RETURNING THE DEFENDANT TO THE JURISDICTION IN ACCORDANCE
WITH PARAGRAPH (2) OF THIS SUBSECTION.

[(5)] (6) Any court exercising criminal jurisdiction that has ordered
forfeiture of a bond or collateral, after expiration of the time allotted by [paragraph (1)]
PARAGRAPH (2) 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; AND

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