510.40 - Application for recognizance or bail; determination thereof, form of securing order and execution thereof.

§  510.40   Application for recognizance or bail; determination thereof,               form of securing order and execution thereof.    1.  An application for recognizance or bail must be  determined  by  a  securing order which either:    (a)    Grants  the  application  and releases the principal on his own  recognizance; or    (b)  Grants the application and fixes bail; or    (c)  Denies the application and commits the principal to,  or  retains  him in, the custody of the sheriff.    2.      Upon  ordering  that  a  principal  be  released  on  his  own  recognizance, the court must direct him to appear in the criminal action  or proceeding involved whenever his attendance may be  required  and  to  render  himself at all times amenable to the orders and processes of the  court.  If such principal is in the custody of the sheriff or at liberty  upon bail at the time of the order, the court must  direct  that  he  be  discharged  from  such  custody or, as the case may be, that his bail be  exonerated.    3.  Upon the issuance of an order fixing bail, and  upon  the  posting  thereof,  the  court  must  examine  the  bail  to  determine whether it  complies with the order.  If it does, the court must, in the absence  of  some  factor  or  circumstance  which  in  law  requires  or  authorizes  disapproval thereof, approve the bail and must issue  a  certificate  of  release,  authorizing  the  principal to be at liberty, and, if he is in  the custody of the  sheriff  at  the  time,  directing  the  sheriff  to  discharge  him  therefrom.    If the bail fixed is not posted, or is not  approved after being posted, the court must order that the principal  be  committed to the custody of the sheriff.