Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part C(2) - General Procedures in All Bail Cases
Rule 536 - Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety
Universal Citation: 234 PA Code ยง 536
Current through Register Vol. 54, No. 38, September 21, 2024
(A) SANCTIONS
(1)
Revocation of Release
(a) A person who violates a condition of the
bail bond is subject to a revocation of release and/or a change in the
conditions of the bail bond by the bail authority.
(b) When a violation of a condition occurs,
the bail authority may issue a bench warrant for the defendant's arrest. When
the bench warrant is executed, the bench warrant proceedings shall be conducted
pursuant to Rule 150.
(c) The bail
authority also may order the defendant or the defendant's surety to explain why
the defendant's release should not be revoked or why the conditions of release
should not be changed. A copy of the order shall be served on the defendant and
the defendant's surety, if any.
(d)
When the bail authority changes the conditions of the bail bond and/or revokes
the defendant's release, the bail authority shall state in writing or on the
record the reasons for so doing.
(2)
Forfeiture
(a) When a monetary condition of release has
been imposed and the defendant has violated a condition of the bail bond, the
bail authority may order the cash or other security forfeited and shall state
in writing or on the record the reasons for so doing. When the surety is a
third party, the cash or other security may be ordered forfeited only when the
condition of the bail bond violated is that the defendant has failed to appear
for a scheduled court proceeding.
(b) Written notice of the forfeiture shall be
given to the defendant and any surety, either personally or by both first class
and certified mail at the defendant's and the surety's last known
addresses.
(c) The forfeiture shall
not be executed until 90 days after notice of the forfeiture order.
(d) The bail authority may direct that a
forfeiture be set aside or remitted as provided by law or if justice does not
require the full enforcement of the forfeiture order.
(e) When a magisterial district judge orders
bail forfeited pursuant to this rule, the magisterial district judge shall
generate a check in the amount of the bail monies he or she has on deposit in
the case, and shall send the check and a copy of the docket transcript to the
clerk of courts for processing and disbursement as provided by law.
(B) BAIL PIECES
(1) A surety or bail agency may apply to the
court for a bail piece.
(2) If the
court is satisfied that a bail piece is required, it may issue a bail piece
authorizing the surety or bail agency to apprehend and detain the defendant,
and to bring the defendant before the bail authority without unnecessary
delay.
(C) EXONERATION
(1) A bail authority, as provided by law or
as justice requires, shall exonerate a surety who deposits cash in the amount
of any forfeiture ordered or who surrenders the defendant in a timely
manner.
(2) When the conditions of
the bail bond have been satisfied, or the forfeiture has been set aside or
remitted, the bail authority shall exonerate the obligors and release any
bail.
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