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Summary: If a criminal case is never set for a hearing, the jail bond remains in effect forever. Parties contend that the number of incidents wherein the state is setting old criminal cases for hearings with no intent to go forward with the criminal case has increased. In these cases, the state seeks to forfeit the bond so that forfeiture may be prosecuted. Parties assert that by waiting until judgment in the bond forfeiture is entered, the state is manipulating the system in order to increase bond revenue. SB 876 would end this practice by allowing a surety to discharge liability by filing a motion for discharge with an affidavit.
Analysis: SB 876 does not fall under our liberty principles, and we remain neutral.