Section 5-203 – Bail Bonds in Circuit Courts
(a) (1) Subject to paragraphs (2) and (3) of this subsection, a circuit court may adopt rules setting the terms and conditions of bail bonds filed in that court and rules on the qualifications of and fees charged by bail bondsmen. (2) Notwithstanding any other law or rule to the contrary, if expressly authorized by the court, a […]
Section 5-204 – Bail After Adjournment or During Recess of Circuit Court
(a) In a criminal case in a circuit court in which the defendant is allowed to give bail, the clerk of the court may take the bail if: (1) the court adjourns before the defendant has secured the bail; and (2) the court before adjournment, or any judge of the court after adjournment, issues an order that sets […]
Section 5-205 – Bail in District Court
(a) A District Court judge may: (1) set bond or bail; (2) release a defendant on personal recognizance or on a personal or other bail bond; (3) commit a defendant to a correctional facility in default of a bail bond; (4) order a bail bond forfeited if the defendant fails to meet the conditions of the bond; and (5) exercise all […]
Section 5-206 – Reinstatement of Bail After Discharge at Preliminary Hearing
In a criminal case, a judge may reinstate any bail, bond, or recognizance for criminal charges discharged at a preliminary hearing in the District Court, if a new charging document arises out of the substantially same set of facts.
Section 5-207 – Termination of Bond on Sentencing
(a) If a defendant is found guilty in a circuit court and sentenced to imprisonment, a bond on which the defendant was released before the sentencing is terminated. (b) If the defendant files a notice of appeal and the sentencing court requires a bond to be posted, the defendant shall post a new bond.
Section 5-208 – Striking Out Forfeiture of Bail or Collateral; Production of Defendant
(a) In this section, “return” means to place in the custody of a police officer, sheriff, or other commissioned law enforcement officer who is authorized to make arrests within the jurisdiction of the court. (b) (1) Subject to paragraph (2) of this subsection, a court that exercises criminal jurisdiction shall strike out a forfeiture of bail or collateral […]
Section 5-209 – Property Bondsmen
(a) In this section, “property bondsman” means a person other than a defendant who executes a bail bond secured by real estate in the State. (b) This section does not apply in the seventh judicial circuit. (c) A property bondsman may authorize an agent in writing to execute on behalf of the property bondsman: (1) a bail bond; and […]
Section 5-101 – Release on Personal Recognizance
(a) This section shall be liberally construed to carry out the purpose of relying on criminal sanctions instead of financial loss to ensure the appearance of a defendant in a criminal case before verdict or pending a new trial. (b) (1) Except as provided in subsection (c) of this section, if, from all the circumstances, the court believes […]
Section 5-102 – Defendant Charged With Crime Punishable by Life Imprisonment
A defendant charged with a crime punishable by life imprisonment may be released on bail or other conditions of release before conviction.
Section 5-103 – Pretrial Risk Scoring Instrument
(a) In this section, “pretrial risk scoring instrument” means a tool, a metric, an algorithm, or software that is used to assist in determining the eligibility of a defendant for pretrial release in a pretrial proceeding based on the defendant’s flight risk and threat to community safety. (b) A jurisdiction that uses a pretrial risk scoring instrument […]