Rules Governing Persons Authorized to Admit to Bail Out of Court

Rules Governing Persons Authorized to Admit to Bail Out of Court  Bail Rule 40

Effective Date: 07/01/2014

Table of Contents

Rule 40

All bail magistrates shall maintain a dedicated checking account with the bail magistrate's name and the title "Bail Magistrate" listed on numbered checks. It shall be used exclusively for depositing and transferring bail funds, and must be of a type where monthly statements include a page or pages showing copies of cancelled checks. A bail magistrate is prohibited from commingling personal funds with bail funds collected and deposited into the dedicated account. A bail magistrate may use personal funds to pay required bank fees. All bail funds not delivered to a court the following day shall be deposited into the dedicated checking account at the earliest feasible time. Bail funds to be delivered to courts outside of the bail magistrate's home court must be transferred using a check from the dedicated bail account and shall include on the check's memo line the defendant's name and docket number if available.

No later than five days after the dedicated bail account has been opened, the bail magistrate shall notify the Office of Bail Administration in writing of the name of the bank and the account number. A complete and accurate written register of account activity must be maintained at all times. The bail magistrate shall forward to the Office of Bail Administration copies of monthly statements from the dedicated bail account within seven days of receipt.

Separate checks must be used for each recognizance document transferred.


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