Rule 38-8. Seven Percent Cash Bail

Unless otherwise ordered by the judicial authority, 7 percent cash bail shall be automatically available for surety bonds not exceeding $50,000. For surety bond amounts exceeding $50,000, 7 percent cash bail may be granted pursuant to an order of the judicial authority. This 7 percent cash bail option applies to bonds set by the court as well as bonds set at the police department. When 7 percent cash bail is authorized either automatically or pursuant to court order, upon the depositing in cash, by the defendant or any other person in his or her behalf other than a paid surety, of 7 percent of the surety bond set, the defendant shall thereupon be admitted to bail in the same manner as a defendant who has executed a bond for the full amount. If such bond is forfeited, the defendant shall be liable for the full amount of the bond. Upon discharge of the bond, the 7 percent cash deposit made with the clerk shall be returned to the person depositing the same, less any fee that may be required by statute.

Committee Notes

(Amended June 9, 2023, to take effect Jan. 1, 2024.) (P.B. 1978-1997, Sec. 664.) (Amended June 13, 2019, to take effect Jan. 1, 2020; amended June 9, 2023, to take effect Jan. 1, 2024.)