Exonerated Bail Bond Law in California
Relevant Statutory Law on Bail Exoneration
Once bail is posted, if a criminal defendant fails to appear in court, the court must declare the bail forfeited. (Penal Code 1305, subd. (a).)
Upon notice of the forfeiture, the surety generally has 180 days to locate defendant and, in most cases, bring him to court. (Penal Code 1305, subd. (c)(1)-(3).)
A surety, bail agent, or depositor may move for an extension of the initial 180 days, and the court may extend the initial period by up to 180 days. (Penal Code 1305.4.)
Section 1305(e) governs the temporary disability of the defendant.
A defendant is temporarily disabled if, "by reason of illness, insanity, or detention by military or civil authorities" "the defendant is unable to appear in court during the remainder of the 180-day period" and "absence of the defendant is without the connivance of the bail." (Id., subd. (e)(1)-(3).)
If defendant is temporarily disabled, the court shall order the tolling of the 180-day period until a reasonable time after the disability has ended. ( 1305(e).)
Section 1305(e)(1)-(3) provides in full, "In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met:(1) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities.(2) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period.(3) The absence of the defendant is without the connivance of the bail.The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court."
If the criminal defendant is in custody outside the court's jurisdiction, and the prosecutor elects not to extradite, the court shall exonerate the bond, "on terms that are just." ( 1305, subd. (f).)
Likewise, "where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer," and the prosecutor does not seek extradition, the court shall exonerate the bond on just terms. (Id., subd. (g).)