530.80 - Order of recognizance or bail; surrender of defendant.

§ 530.80  Order of recognizance or bail; surrender of defendant.    1.    At any time before the forfeiture of a bail bond, an obligor may  surrender the  defendant  in  his  exoneration,  or  the  defendant  may  surrender  himself,  to the court in which his case is pending or to the  sheriff to whose custody he was committed at the time of giving bail, in  the following manner:    (a)   A certified copy of the bail  bond  must  be  delivered  to  the  sheriff, who must detain the defendant in his custody thereon, as upon a  commitment.  The sheriff must acknowledge the surrender by a certificate  in  writing,  and  must  forthwith notify the court in which the case is  pending that such surrender has been made.    (b)  Upon the bail bond and the certificate of the  sheriff,  or  upon  the  surrender  to  the  court  in which the case is pending, such court  must, upon five days notice to the district  attorney,  order  that  the  bail  be  exonerated.    On  filing  such  order, the bail is exonerated  accordingly.    2.  For the purpose of surrendering the defendant, an obligor  or  the  person  who posted cash bail for the defendant may take him into custody  at any place within the  state,  or  he  may,  by  a  written  authority  indorsed  on  a certified copy of the bail bond, empower any person over  twenty years of age to do so.    3.  At any time before the forfeiture of cash bail, the defendant  may  surrender  himself  or  the person who posted bail for the defendant may  surrender the defendant in the manner prescribed in subdivision one.  In  such case, the court must order a return of the money to the person  who  posted  it,  upon  producing  the certificate of the sheriff showing the  surrender, and upon a notice of five days to the district attorney.