77-20b-103 - Defendant in custody -- Notice to prosecutor. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-20b > 77-20b-103

77-20b-103. Defendant in custody -- Notice to prosecutor.
(1) If a surety is unable to bring a defendant to the court because the defendant is and willbe in the custody of authorities of another jurisdiction, the surety shall notify the court and theprosecutor and provide the name, address, and telephone number of the custodial authority.
(2) If the defendant is subject to extradition or other means by which the state can returnthe defendant to the court's custody, and the surety gives notice under Subsection (1), the surety'sbond shall be exonerated:
(a) if the prosecutor elects in writing not to extradite the defendant immediately; and
(b) if the prosecutor elects in writing to extradite the defendant, to the extent the bondexceeds the reasonable, actual, or estimated costs to extradite and return the defendant to thecourt's custody, upon the occurrence of the earlier of:
(i) the prosecuting attorney's lodging a detainer on the defendant; or
(ii) 60 days after the surety gives notice to the prosecutor under Subsection (1), if thedefendant remains in custody of the same authority during that 60-day period.

Amended by Chapter 259, 2000 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-20b > 77-20b-103

77-20b-103. Defendant in custody -- Notice to prosecutor.
(1) If a surety is unable to bring a defendant to the court because the defendant is and willbe in the custody of authorities of another jurisdiction, the surety shall notify the court and theprosecutor and provide the name, address, and telephone number of the custodial authority.
(2) If the defendant is subject to extradition or other means by which the state can returnthe defendant to the court's custody, and the surety gives notice under Subsection (1), the surety'sbond shall be exonerated:
(a) if the prosecutor elects in writing not to extradite the defendant immediately; and
(b) if the prosecutor elects in writing to extradite the defendant, to the extent the bondexceeds the reasonable, actual, or estimated costs to extradite and return the defendant to thecourt's custody, upon the occurrence of the earlier of:
(i) the prosecuting attorney's lodging a detainer on the defendant; or
(ii) 60 days after the surety gives notice to the prosecutor under Subsection (1), if thedefendant remains in custody of the same authority during that 60-day period.

Amended by Chapter 259, 2000 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-20b > 77-20b-103

77-20b-103. Defendant in custody -- Notice to prosecutor.
(1) If a surety is unable to bring a defendant to the court because the defendant is and willbe in the custody of authorities of another jurisdiction, the surety shall notify the court and theprosecutor and provide the name, address, and telephone number of the custodial authority.
(2) If the defendant is subject to extradition or other means by which the state can returnthe defendant to the court's custody, and the surety gives notice under Subsection (1), the surety'sbond shall be exonerated:
(a) if the prosecutor elects in writing not to extradite the defendant immediately; and
(b) if the prosecutor elects in writing to extradite the defendant, to the extent the bondexceeds the reasonable, actual, or estimated costs to extradite and return the defendant to thecourt's custody, upon the occurrence of the earlier of:
(i) the prosecuting attorney's lodging a detainer on the defendant; or
(ii) 60 days after the surety gives notice to the prosecutor under Subsection (1), if thedefendant remains in custody of the same authority during that 60-day period.

Amended by Chapter 259, 2000 General Session