Current through Register Vol. 54, No. 38, September 21, 2024
(A) If the bail authority determines that it
is necessary to impose a monetary condition of bail, to determine the amount of
the monetary condition, the bail authority shall consider:
(1) The release criteria set forth in Rule
523; and
(2) The financial ability
of the defendant.
(B) The
amount of the monetary condition shall be reasonable.
(C) After determining the amount of the
monetary condition, the bail authority may permit the deposit of a sum of money
not to exceed 10% of the full amount of the monetary condition if he or she
determines that such a deposit is sufficient to ensure the defendant's
appearance and compliance.
(D) One
or a combination of the following forms of security shall be accepted to
satisfy the full amount of the monetary condition:
(1) Cash or when permitted by the local court
a cash equivalent.
(2) Bearer bonds
of the United States Government, of the Commonwealth of Pennsylvania, or of any
political subdivision of the Commonwealth, in the full amount of the monetary
condition, provided that the defendant or the surety files with the bearer bond
a sworn schedule which shall verify the value and marketability of such bonds,
and which shall be approved by the bail authority.
(3) Realty located anywhere within the
Commonwealth, including realty of the defendant, as long as the actual net
value is at least equal to the full amount of the monetary condition. The
actual net value of the property may be established by considering, for
example, the cost, encumbrances, and assessed value, or another valuation
formula provided by statute, ordinance, or local rule of court. Realty held in
joint tenancy or tenancy by the entirety may be accepted provided all joint
tenants or tenants by the entirety execute the bond.
(4) Realty located anywhere outside of the
Commonwealth but within the United States, provided that the person(s) posting
such realty shall comply with all reasonable conditions designed to perfect the
lien of the county in which the prosecution is pending.
(5) The surety bond of a professional
bondsman licensed under the Judicial Code,
42 Pa.C.S. §§ 5741-5749, or of a surety company authorized
to do business in the Commonwealth of Pennsylvania.
(E) The bail authority shall record on the
bail bond the amount of the monetary condition imposed and the form of security
that is posted by the defendant or by an individual acting on behalf of the
defendant or acting as a surety for the defendant.
(F) Except as limited in Rule 531, the
defendant or another person may deposit the cash percentage of the bail. If the
defendant posts the money, the defendant shall sign the bond, thereby becoming
his or her own surety, and is liable for the full amount of bail if he or she
fails to appear or to comply. When a person other than the defendant deposits
the cash percentage of the bail, the clerk of courts or issuing authority shall
explain and provide written notice to that person that:
1) if the person agrees to act as a surety
and signs the bail bond with the defendant, the person shall be liable for the
full amount of bail if the defendant fails to appear or comply; or
2) if the person does not wish to be liable
for the full amount of bail, the person shall be permitted to deposit the money
for the defendant to post, and will relinquish the right to make a subsequent
claim for the return of the money pursuant to these rules. In this case, the
defendant would be deemed the depositor, and only the defendant would sign the
bond and be liable for the full amount of bail.
3) Pursuant to Rule 535(E), if the bail was
deposited by or on behalf of the defendant and the defendant is the named
depositor, the amount otherwise returnable to the defendant may be used to pay
and satisfy any outstanding restitution, fees, fines, and costs owed by the
defendant as a result of a sentence imposed in the court case for which the
deposit is being made.
