HB 593 — Bail Amendments

(ii) subject to Subsection {(4)(b)} (4)(c), designates a condition, or a combination of conditions, to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges;

- 7 - HB0593S01 compared with HB0593S02 (b) At the time that a magistrate issues a summons, the magistrate may issue a temporary pretrial status order that:

(i) except as provided in Subsection {(4)(b)}{(4)(a)} (4), releases the individual on the individual's own recognizance during the time the individual awaits trial or other resolution of criminal charges;

or - 9 - HB0593 compared with HB0593S02 (ii) subject to Subsection {(4)(b)} (4)(c), designates a condition, or a combination of conditions, to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges, subject to the requirements of Subsection (1)(c).

(c) [(i)] Notwithstanding [Subsection (1)(a) or (b)] Subsections (1)(a), (1)(b), and {(4)(b)} (4)(c), a magistrate shall issue a temporary pretrial status order of detention under Subsection (1)(a)(iii) if the individual is arrested for a felony offense and the magistrate finds:

- 8 - HB0593S01 compared with HB0593S02 (c) If a magistrate or judge delays the issuance of a pretrial status order under Subsection (2)(b), the magistrate or judge shall extend the temporary pretrial status order until the issuance of a pretrial status order.

- 10 - HB0593 compared with HB0593S02 (d) A request for a pretrial release that has not been fully presented to and ruled upon by the magistrate or judge at an initial appearance does not constitute a pretrial detention hearing under Section 77-20-206.

(i) except as provided in Subsection {(4)(b)}{(4)(a)} (4), release the individual on the individual's own recognizance during the time the individual awaits trial or other resolution of criminal charges;

(ii) subject to Subsection {(4)(b)} (4)(c), designate a condition, or a combination of conditions, to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges;

(b)(a){(b)} {A } Except as provided in Subsection (4)(g), a magistrate or judge may not release an individual arrested for or charged with an offense on the individual's own recognizance if the magistrate or judge finds that:

and (ii){(ii) based} on{(A) information{the reasonably available to the magistrate or judge, within three years before the day on which the individual wasis arresteda forhabitual theoffender offense,as thedefined individualin was:Section 77-18-102;

or} } (ii) based on information reasonably available to the magistrate or judge, within three years before the day on which the individual was arrested for the offense, the individual was:

and (B) {the individual will be a habitual offender as defined in Section 77-18-102 if the individual is } convicted of {the } at least two misdemeanor offenses or one felony offense.

(c){(b) } (i){(c)} A magistrate or judge may release an individual described in Subsection {(4)(a) } (4)(b) if the magistrate or judge imposes one or more of the following conditions:

(i)- 11 - HB0593 compared with HB0593S02 (A){(i)} a condition described in Subsection (6)(g), (h), {(n), } (r), (s), (t), or {(t)} (v);

-{or} 9(B){(ii)} - HB0593S01 compared with HB0593S02 (ii) a financial condition described in Subsection {(6)(h) } (6)(u) other than an unsecured bond;bond{.} ;

(f)(ii){(f)} Subsection {(4)(b)(i) } (4)(c) does not prevent a magistrate or judge from imposing any condition described in Subsection (6) in addition to a condition described in Subsection {(4)(b)(i) (A) or (4)(b)(i)(B)} (4)(c).

(g){[(4)] (5)} A judge or magistrate may release an individual described in Subsection (4)(b) on the individual's own recognizance if the judge or magistrate finds that:

or - 12 - HB0593 compared with HB0593S02 (B) the imposition of a condition in Subsection (4)(c) would result in the individual being held in custody;

and - 10 - HB0593S01 compared with HB0593S02 (iii) releasing the individual on the individual's own recognizance is not a significant threat to public safety.

[(4)] (5) { Ĥ→ {} {based on information reasonably available to the magistrate or judge,}{[} {within three years before the day on which the individual was arrested for the offense} In making a determination about pretrial release, a magistrate or judge shall impose:]}impose: (a) { ←Ĥ } the individual was{ Ĥ→ {} {, within three years before the day on which the individual was arrested for the offense}{} ←Ĥ } :

{(A)}(a) { Ĥ→ } {} {[} {arrested} only conditions of release that are reasonably available;

and{]}and charged} (b) {conditions ←Ĥof }release for a misdemeanor or felony offense that wasreasonably notensure: a traffic offense at least five times;

and(i) {(B) convicted of a misdemeanor or felony offense that was not a traffic offense at least one time.} {(c) {(i)} {A magistrate or judge may release an individual described in Subsection (4)(b) if the magistrateindividual's orappearance judge imposes one or more of the following conditions:} (A) {a condition described in Subsectioncourt (6)(g),when (h),required; (r), (s), or (t);

or}(ii) (B)the {asafety financialof condition described in Subsection (6)(u) other than an unsecured bond.} {(ii)} {Subsection (4)(c)(i) does not prevent a magistrate or judge from imposing any conditionwitnesses described in Subsection (6) in addition to a condition described in Subsection (4)(c)(i)(A) or (4)(c)victims (i)(B).}of {[(4)]the (5)}offense Inallegedly makingcommitted aby determinationthe aboutindividual; pretrial release, a magistrate or judge shall impose} conditions of release that reasonably ensure:

{(a)}(iii) (i)the {onlysafety conditionsand welfare of release that are reasonably available} the individual'spublic; appearance in court when required;

{and}and {(b)}(iv) (ii)that {conditions } the safetyindividual ofwill anynot witnessesobstruct, or victimsattempt ofto {releaseobstruct, that reasonably ensure:} the offensecriminal allegedlyjustice committedprocess. by the individual;

{(i)}[(5)] (iii)(6) theExcept {safetyas andprovided welfarein Subsection (1)(c) or [(6)] (7), a magistrate or judge may impose a condition, or combination of theconditions, public;for pretrial release that requires an individual to:

and}(a) individual'snot appearancecommit ina courtfederal, whenstate, required;or local offense during the period of pretrial release;

{(ii)}(b) (iv)avoid thatcontact thewith {safetya ofvictim any witnesses or victims of } individual will not obstruct, or attempt to obstruct, the {offensealleged allegedlyoffense; committed by the individual;} criminal justice process.

[{(iii)}(c) (5)]avoid (6)contact {thewith safetya andwitness welfarewho: of the public;

and}(i) Exceptmay astestify providedconcerning in Subsection (1)(c) or {(iv)} [{that the individualalleged willoffense; not obstruct, or attempt to obstruct, the criminal justice process.} (6) - 11 - HB0593S01 compared with HB0593S02 {[(5)] (6)} ] (7){Except as provided in Subsection (1)(c) } , a magistrate or judge may impose a condition, or combination of conditions, for pretrial release that requires an individual to:

(a)and {[{(6)}(ii) notis commitnamed ain federal, state, or local offense during the period of pretrial release;{]}status (7)}order; (b) {, } avoid contact with a {magistrate or judge may impose a condition, or combination } victim of {conditions, for pretrial release that requires an individual to:} the alleged offense;

{(a)}(d) (c)not {notconsume commitalcohol }or avoidany contactnarcotic withdrug a {federal, state, or localother offensecontrolled duringsubstance theunless periodprescribed ofby pretriala release;}licensed witnessmedical who:practitioner;

{(b)}(e) (i)submit {avoidto contactdrug withor aalcohol victimtesting; of } may testify concerning the alleged offense;and {(c)} (ii) {avoid contact with a witness who:} is named in the pretrial status order;

{(i)}(f) (d)complete {maya testifysubstance concerningabuse theevaluation allegedand offense}comply notwith consume alcohol or any narcoticrecommended drugtreatment or otherrelease controlledprogram; substance unless prescribed by a licensed medical practitioner;

{and}(g) {(ii)} (e) {is named in the pretrial status order} submit to drugelectronic monitoring or alcohollocation testing;device tracking;

{(d)}(h) (f)participate {notin consumeinpatient alcohol[or oroutpatient }]medical, completebehavioral, apsychological, substance abuse evaluation and comply with any {narcotic drug } recommended treatment or {otherpsychiatric controlledtreatment; substance unless prescribed by a licensed medical practitioner} release program;

{(e)} (g) submit to {drug } electronic monitoring or {alcohol testing} location device tracking;

{(f)} (h) {complete a substance abuse evaluation and comply with any recommended treatment or release program;} participate in inpatient {(g)} [{submit to electronic monitoring } or {location device tracking;} outpatient {(h)} ]{participate in inpatient } medical, behavioral, psychological, or psychiatric treatment;

[(i)] (j) {[{or outpatient } maintain employment or actively seek employment if unemployed;]}unemployed; [(j)] (k) {medical, behavioral, psychological, } maintain or {psychiatric treatment} commence an education program;

{(i)}[(j)] participate(k) in outpatient medical, behavioral, psychological, or psychiatric treatment;} [{(i)} (k)] (j){(l) maintain employment } comply with limitations on where the individual is allowed to be located or {activelycommence seekan employmenteducation ifprogram; unemployed} the times that the individual shall be, or may not be, at a specified location;

[{(j)}- (l)]13 (k){(m)- maintainHB0593 orcompared commencewith anHB0593S02 education[(k)] program}(l) comply with specifiedlimitations restrictions on personalwhere associations,the placeindividual ofis residence,allowed to be located or travel;the times that the individual shall be, or may not be, at a specified location;

-[(l)] 12(m) - HB0593S01 compared with HB0593S02 [{(k)} (m)] (l){(n) comply with limitationsspecified restrictions on wherepersonal theassociations, individualplace isof allowedresidence, } report to {be located or thetravel; times that the individual shall be} a law enforcement agency, pretrial services program, or {may not be, } other designated agency at a specified {location} frequency or on specified dates;

[{(l)}[(m)] (n)](n) (m){(o)}report complyto with a specifiedlaw {restrictionsenforcement onagency, personalpretrial associations,services placeprogram, ofor residence,other designated agency at a specified frequency or travel}on curfew;specified dates;

[{(m)}[(n)] (o)](o) (n){(p)comply reportwith to } forfeit or refrain from possession of a {law enforcement agency, pretrial services program, } firearm or other {designated agency at a specified frequencycurfew; or on specified dates} dangerous weapon;

[{(n)}[(o)] (p)](p) (o){(q)forfeit complyor withrefrain afrom specifiedpossession curfew}of if the individual is charged with an offense against a child,firearm limit or prohibitother accessdangerous toweapon; any location or occupation where children are located, including any residence where children are on the premises, activities where children are involved, locations where children congregate, or where a reasonable person would know that children congregate;

[{(o)}[(p)] (q)](q) (p){(r)if forfeitthe orindividual refrainis fromcharged possessionwith ofan offense against a firearmchild, limit or otherprohibit dangerousaccess weapon}to complyany withlocation requirementsor foroccupation housewhere arrest;children are located, including any residence where children are on the premises, activities where children are involved, locations where children congregate, or where a reasonable person would know that children congregate;

[{(p)}[(q)] (r)](r) (q){(s)comply if the individual is charged with anrequirements offense against a child} return to custody for ahouse specifiedarrest; period of time following release for employment, {limit or prohibit access to any location or occupation where children are located, including any residence where children are on the premises, activities where children are involved} schooling, {locations where children congregate, } or {where a reasonable person would know that children congregate} other limited purposes;

[{(q)}[(r)] (s)](s) (r){(t)return complyto withcustody requirements for housea arrest;}specified remainperiod inof custodytime offollowing onerelease orfor moreemployment, designatedschooling, individualsor whoother agreelimited to:purposes;

{[{(r)}[(s)] (i){]}(t) {{(s)} } return to custody for a specified period } supervise and report on the behavior and activities of {time following release for employment, schooling, or other limited purposes} the individual;and {[{(s)} (ii){]} {{(t)} } remain in custody of one or more designated individuals who agree to:}to: encourage compliance with all court orders and attendance at all required court proceedings;

[{(i)}(i) (t)]supervise (u) {supervise and report on the behavior and activities of the individual;

and}and comply(ii) encourage compliance with aall financialcourt condition;orders and attendance at all required court proceedings;

{(ii)}[(t)] [{encourage(u) compliancecomply with alla courtfinancial orderscondition;[ andor] attendance at all required court proceedings;} or {[(t)] (u)} ] - 13 - HB0593S01 compared with HB0593S02 (v) comply with an order of involuntary commitment issued by a court under Section 26B-5-332;

or [(u)] (w)(v){(w)} comply with a{any financialother }condition ythat otheris condition{;reasonably available and necessary to ensure compliance with Subsection [(4)] (5).

or} that is reasonably available and necessary to ensure compliance with Subsection {[(u)] (v)} [{comply with any other condition that is reasonably available and necessary to ensure compliance with Subsection } (4)] (5){[{(4)} .{]} (5)} [(6)] (7) (a) If a county or municipality has established a pretrial services program, the magistrate or judge shall consider the services that the county or municipality has identified as available in determining what conditions of release to impose.

{[{(6)}(b) (b){]} {{(7)} } {(a)} If a county or municipality has established a pretrial services program, the } The magistrate or judge {shall consider } may not order conditions of release that would require the county or municipality to provide services that are not currently available from the county or municipalitymunicipality. {has identified as available in determining what conditions of release to impose} .

{(b)} (c) {The magistrate or judge may not order conditions of release that would require the county or municipality to provide services that are not currently available from the county or municipality.} Notwithstanding Subsection {(c)}[(6)(a)] [{Notwithstanding(7)(a), Subsection } (6)(a)] (7)(a){[{(6)(a)} , the magistrate or judge may impose conditions of release not identified by the county or municipality {]}[so (7)(a)}[{, the magistrate or judge may impose conditions of release not identified by the county or municipality } so long as] if{[{soif long as} the condition does not require assistance or resources from the county or municipality.{]}municipality. if} [(7)] (8) (a) { the condition does not require assistance } If the magistrate or judge determines that a financial condition, other than an unsecured bond, is necessary to impose as a condition of release, the magistrate or {resources from } judge shall, when determining the amount of the financial condition, refer to the {county or municipality} financial condition schedule in Section 77-20-205.5 and consider the individual's risk of failing to appear and ability to pay.

{[{(7)}[(7)] (b){]}(8) {{(8)}- }14 {(a)}- HB0593 compared with HB0593S02 (a) If the magistrate or judge determines that a financial condition{,condition, other than an unsecured bond, } is necessary to impose as a condition of release, {thethe magistrate or judge shall, when determining - 14 - HB0593S01 compared with HB0593S02 the amount of the } and a county jail official fixed a financial condition{,condition, refer to } for the {financialfinancial condition schedule in Section 77-20-205.5 and consider the individual's risk of failing } individual under Section 77-20-204, the magistrate or judge may not give any deference to {appearappear and ability to pay.}pay. :

{(b)}(b) (i)If {If the magistrate or judge determines that a financial condition is necessary to impose as a condition of release, and a } the county jail {officialofficial fixed } official's action to fix a financial condition {forfor the individual under Section 77-20-204, the magistrate }or ;judge may not give any deference to:

or(i) {judge may not give any deference to:} {(i)} (ii) the {amount of the } county jail official's action to fix a financial conditioncondition; {that the individual was required to pay for pretrial release.} ;

or {(ii)}(ii) (c)the {the amount } If a magistrate or judge orders a financial condition as a condition of release, the judge or magistrate shall set the financial condition {thatthat the individual was required to pay for pretrial release}release. at a single amount per case.

[{(c)}(c) (8)]If (9) {If a magistrate or judge orders a financial condition as } In making a {conditioncondition of } determination about pretrial release, the {judgejudge or magistrate shall set the financial condition at a single amount per case.}case. magistrate or judge may:

{[{(8)}[(8)] (a){]}(9) {{(9)} } In making a determination about pretrial release, the magistrate or judge may}may: rely upon information contained in:

{(a)}(a) (i)rely {rely upon } the indictment or information {containedcontained in:}in: ;

{(i)}(i) (ii)the {the indictment } any sworn or probableinformation; cause statement or other informationprovided by law enforcement;

{(ii)}(ii) (iii)any a {y sworn or probable cause statement or other information provided by law enforcement}enforcement; pretrial risk assessment;

{(iii)}(iii) (iv)a a{ pretrial risk assessment}assessment; affidavit of indigency described in Section 78B-22-201.5;

{(iv)}(iv) (v)an {an affidavit of indigency described in Section 78B-22-201.5}78B-22-201.5; witness statements or testimony;

{(v)}(v) (vi)witness {witness statements or testimony;}testimony; the results of a lethality assessment completed in accordance with Section 77-36-2.1;

or(vi) {(vi)}the (vii) {the results of a lethality assessment completed in accordance with Section 77-36-2.1;

or}or (vii) any other reliable record or source, including proffered evidence;

and {(vii)} (b) {anyconsider: other reliable record or source, including proffered evidence;

and}(i) consider:the nature and circumstances of the offense, or offenses, that the individual was arrested for, or charged with, including:

-(A) 15whether - HB0593S01 compared with HB0593S02 {(b)} (i) {consider} the natureoffense andis circumstancesa ofviolent theoffense; offense, or offenses, that the individual was arrested for, or charged with, including:

{(i)}and (A)(B) whether the {naturevulnerability }of offensea iswitness aor violentalleged offense;victim;

and(ii) {circumstances of the offense,nature orand offenses,circumstances thatof the individualindividual, wasincluding arrested for, or charged with, including:} {(A)} (B) {whether the offenseindividual's: is } the vulnerability of a {violent offense} witness or alleged victim;

{and}(A) {(B)}character; (ii) the {nature and circumstances } vulnerability of {the individual, including the individual's:} a witness or alleged victim;

{(ii)}(B) (A)physical {the nature and circumstancesmental ofhealth; the individual, including the individual's:} character;

{(A)}(C) (B)family {character} physical and mentalcommunity health;ties;

{(B)}(D) (C)employment {physicalstatus }or familyhistory; and {mental health} community ties;

{(C)}(E) (D)financial {familyresources; and community ties} employment status or history;

{(D)}- (E)15 {employment- statusHB0593 orcompared history}with financialHB0593S02 resources;(F) past criminal conduct;

{(E)}(G) (F)history {financialof resources}drug pastor criminalalcohol conduct;abuse;

{(F)}and (G)(H) {past criminal conduct;} history of drugtimely orappearances alcoholat abuse;required court proceedings;

and(iii) {(G)}the (H)potential historydanger ofto {druganother individual, or alcoholindividuals, abuse;posed by the release of the individual;

and}(iv) timelywhether appearancesthe atindividual requiredwas on probation, parole, or release pending an upcoming court proceedings;proceeding at the time the individual allegedly committed the offense or offenses;

{(H)}(v) (iii) {history } the potentialavailability dangerof: to another individual, or individuals, posed by the release of {timely appearances at required court proceedings} the individual;

{(iii)}(A) (iv)other whetherindividuals thewho {potentialagree danger to anotherassist } individualwas on probation, {or individuals, posed by the }individual parole,in orattending release {of } pending an upcoming court proceedingwhen atrequired; the time the individualallegedly committed the offense or offenses;

{(iv)} (v) {whether the individual was on probation, parole, or release(B) pendingsupervision anof upcoming court proceeding at the time the individual allegedlyin committed the offenseindividual's orcommunity; offenses;} the availability of:

{(v)}(vi) (A)the {theeligibility availabilityand of:}willingness otherof individualsthe whoindividual agree to assistparticipate thein individualvarious intreatment attendingprograms, courtincluding whendrug required;treatment;

or {(A)}(vii) (B)other {otherevidence individualsrelevant who agree to assistthe }individual's supervisionlikelihood of thefleeing individualor inviolating {attending court when required} the individual'slaw community;if released.

{or}[(9)] {(B)}(10) (vi)The {supervisionmagistrate }or thejudge eligibilitymay andnot willingnessbase ofa thedetermination individualabout topretrial participaterelease insolely: {the individual's community;} various treatment programs, including drug treatment;

or(a) -on 16the -seriousness HB0593S01or comparedtype withof HB0593S02offense {(vi)}that (vii) other evidence relevant to the {eligibilityindividual andis willingnessarrested }for individual'sor likelihoodcharged ofwith, fleeingunless or violating the {individualindividual tois participatearrested infor variousor treatmentcharged programs,with includinga drugcapital treatment;felony;

or}or law(b) ifon released.an algorithm or a risk assessment tool score.

[{(vii)}[(10)] (9)](11) (10)If {otherthe evidencemagistrate relevantor tojudge theissues individual'san likelihoodorder of[pursuant fleeingto] }in Theaccordance with Subsection [77-20-205(3)(a)(iii)] (3)(a)(iii), the magistrate or {violatingjudge shall make sufficiently detailed findings of fact on the lawrisk ifof released.}substantial judgedanger mayor notflight basefrom the court's jurisdiction to enable a reviewing court to ensure that the magistrate's or judge's determination aboutreasonably pretrialconsidered releaseall solely:of the evidence presented to the court.

{[{(9)}[(11)] (a){]}(12) {{(10)}An } The magistrate or judge may not base } on the seriousness or type of offense that the individual is arrested for orviolation chargedof with,a unlessjail therelease individualagreement, is arrested for or chargeda withjail arelease {determinationcourt aboutorder, pretrialissued releasein solely:}accordance capitalwith felony;Section 78B-7-802:

or(a) {(a)}may (b)not onbe {anreleased algorithmbefore } the seriousnessindividual's orfirst typeappearance ofbefore offensea thatmagistrate the individual is arrested for or chargedjudge; with, unless the individual is arrested for or {a risk assessment tool score.} charged with a capital felony;

orand [{(b)}(b) (10)]may (11)be {ondenied anpretrial algorithmrelease }by If the magistrate or {ajudge. risk assessment tool score.} judge issues an order {[(10)] (11)} [{If the magistrate or judge issues an order } pursuant to] in accordance with{[{pursuant to} Subsection {]} in accordance with}[{ Subsection } 77-20-205(3)(a)(iii)] (3)(a) (iii){[{77-20-205(3)(a)(iii)} , the magistrate or judge shall make sufficiently detailed findings of fact on the risk of substantial danger or flight from the court's jurisdiction to enable a reviewing court to ensure that the magistrate's or judge's determination reasonably considered all of the evidence presented to the court.{]} (3)(a)(iii)} [(11)] (12) An individual arrested for violation of a jail release agreement, {the magistrate or judge shall make sufficiently detailed findings of fact on the risk of substantial danger or flight from the court's jurisdiction to enable a reviewing court to ensure that the magistrate's or judge's determination reasonably considered all of the evidence presented to the } or a jail release court{.} order, issued in accordance with Section 78B-7-802:

{[{(11)} (a){]} {{(12)} } An individual arrested for violation of a jail release agreement, or a jail release court order, issued in accordance with Section 78B-7-802:}6. may not be released before the individual's first appearance before a magistrate or judge;

and {(a)} (b) may not be {denied pretrial release by the } released before the individual's first appearance before a magistrate or judge{.} ;

and {(b)} may be denied pretrial release by the magistrate or judge.} Section 6.

- 17 - HB0593S01 compared with HB0593S02 77-20-207.

(2) - 16 - HB0593 compared with HB0593S02 (a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:

- 18 - HB0593S01 compared with HB0593S02 (5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when:

- 17 - HB0593 compared with HB0593S02 (b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once;

- 19 - HB0593S01 compared with HB0593S02 (ii) an order for a new trial;

and - 18 - HB0593 compared with HB0593S02 (ii) will not pose a danger to the physical, psychological, or financial and economic safety or well-being of any other person or the community if released.

{Section 10.

Section 77-20-403 is amended to read:

} 77-20-403.

Disposition of forfeited monetary bail.

If money deposited as a financial condition or money paid by a surety on a bail bond is forfeited and the forfeiture is not discharged or remitted, the clerk with whom the money is deposited or paid shall, immediately after final adjournment of the court, pay over the money forfeited as follows:

- 19 - HB0593 compared with HB0593S02 (1) the forfeited amount in cases in precinct justice courts or in municipal justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121;

and (2) in all other cases:

(a) where the financial condition was paid by a surety:

(i) 60% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215;

(ii) 20% of the forfeited amount shall be paid to the [General Fund] Indigent Defense Resources Restricted Account established in Section 78B-22-405;

and (iii) 20% of the forfeited amount shall be paid to the prosecuting agency that brings an action to collect under Section 77-20-505;

and (b) where the financial condition was paid without the assistance of a surety:

(i) 75% of the forfeited amount shall be paid to the Pretrial Release Programs Special Revenue Fund established in Section 63M-7-215;

and (ii) 25% of the forfeited amount shall be paid to the [General Fund] Indigent Defense Resources Restricted Account established in Section 78B-22-405.

- 20 - HB0593S01 compared with HB0593S02 Effective Date.

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