§ 12-13-23 - Bail and bail bonds – Examination for sufficiency.
SECTION 12-13-23
§ 12-13-23 Bail and bail bonds –Examination for sufficiency. – (a) Following the posting of a bail bond and the justifying affidavit oraffidavits or the posting of cash bail, the court may conduct an inquiry forthe purpose of determining the reliability of the obligors or person postingcash bail, the value and sufficiency of any security offered, and whether anyfeature of the undertaking contravenes public policy; provided, that beforeundertaking an inquiry of a person posting cash bail, the court, afterapplication of the attorney general, must have had reasonable cause to believethat the person posting cash bail is not in rightful possession of money postedas cash bail or that the money constitutes the fruits of criminal or unlawfulconduct. The court may inquire into any matter stated or required to be statedin the justifying affidavits, and may also inquire into other mattersappropriate to the determination, which includes, but are not limited to, thefollowing:
(1) The background, character and reputation of any obligor,and, in the case of a professional bondsperson, the qualifications of thesurety-obligor and its executing agent;
(2) The source of any money or property delivered or agreedto be delivered by any obligor as security, and whether any of the money orproperty constitutes the fruits of criminal or unlawful conduct;
(3) The source of any money or property delivered or agreedto be delivered to any obligor as indemnification on the bond, and whether anyof the money or property constitutes the fruits of criminal or unlawful conduct;
(4) The background, character and reputation of any personwho had indemnified or agreed to indemnify an obligor upon the bond; andwhether any the indemnitor, not being approved and registered by the superiorcourt as a professional bondsperson, has within a period of two (2) monthsprior to the indemnity transaction given indemnification or security for thesame purpose in more than two cases not arising out of the same transaction;
(5) The source of any money posted as cash bail, and whetherany of the money constitutes the fruits of criminal or unlawful conduct; and
(6) The background, character and reputation of the personposting cash bail.
(b) Upon the inquiry provided in subsection (a) of thissection, the court may examine, under oath or otherwise, the obligors and anyother persons who may possess material information. The attorney general has aright to attend the inquiry, to call witnesses, and to examine any witness inthe proceeding. The court may, upon request of the attorney general, adjournthe proceeding for a reasonable period to allow him or her to investigate thematter.
(c) At the conclusion of the inquiry, the court must issue anorder either approving or disapproving the bail.