(a) In any criminal case, whenever a forfeiture of bail has been ordered pursuant
to § 12-13-16.1 and where the bail and/or security for bail has been posted by a licensed bondsperson
registered with the court, the court shall only order an amount to be forfeited up
to, but not more than, ten percent (10%) of the original bail set and pledged as surety.
(b) Subsequent to any forfeiture of bail pursuant to subsection (a) of this section,
and prior to the forfeiture of further surety pledged by a licensed bondsperson provided
herein, the court shall:
(1) Provide the licensed bondsperson a period of time equal to six (6) months to return
the fugitive to the court before further pledged surety shall be forfeited. Before ordering further forfeiture, the court shall conduct a hearing and provide
the licensed bondsperson an opportunity to demonstrate all reasonable actions the
bondperson took to locate, apprehend, and return the fugitive to the court. The court shall consider the due diligence of the licensed bondsperson in determining
how much, if any, of the remaining amount of surety the bondsperson shall be ordered
to forfeit for the failure or inability to locate, apprehend, and return the fugitive
to the court. The court at that time may provide the licensed bondsperson with additional time
in which to locate and return the fugitive.
(2) In the event that the licensed bondsperson fails or is unable to locate and return
the fugitive, the court may order an amount to be forfeited up to, but not more than,
ten percent (10%) of the original bail set and pledged as surety, plus the reasonable
expenses incurred by the state in attempting to locate and apprehend the fugitive;
and provided, further, that if the fugitive is found and presented before the court
within six (6) months of the issuance of the warrant, there shall be no forfeiture.
(3) The bondsperson shall be responsible to pay all fees and costs associated with
the entry of any warrant into the BCI or the NCIC prior to its entry into either database
as required in § 12-13-16(b). Upon request of the bondsperson, the clerk of the court shall provide a certified
copy of the arrest warrant to the bondsperson without charge to insure the bondsperson's
ability to locate, apprehend, and return the fugitive from outside the state of Rhode
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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