Rule 46 - Release on Bail(a)Right to Bail.(1)Before and After Conviction. In accordance with the Constitution and laws of this State, a defendant shall be admitted to bail before conviction and may be admitted to bail after conviction pending appeal.(2)Extradition Proceedings. A person arrested in connection with an extradition proceeding may in the discretion of the court be admitted to bail except where the defendant is charged with an offense punishable by death or life imprisonment under the laws of the demanding state.(b)Bail for Witness. If upon a hearing it appears that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure the person's presence by subpoena, the court may require the person to give bail for the person's appearance as a witness in an amount fixed by the court. If the person fails to give bail, the court may commit the person pending final disposition of the proceeding in which the testimony is needed, may order the person's release if the person has been detained for an unreasonable length of time, and may modify at any time the requirement as to bail.(c)Terms. If the defendant is admitted to bail, the terms thereof shall be such as in the judgment of the court will insure the presence of the defendant, having regard to the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the financial ability of the defendant to give bail, the character of the defendant, and the policy against unnecessary detention of the defendants pending trial.(d)Form and Conditions. A defendant required or permitted to give bail shall execute a recognizance in such form as may be prescribed to assure for the defendant's appearance, for the defendant's good behavior, and that the defendant will keep the peace. The court, having regard to the considerations set forth in subdivision (c), may require one (1) or more sureties, may authorize the acceptance of cash or bonds or other security in an amount equal to or less than the face amount of the recognizance, or may authorize the release of the defendant without security upon the defendant's written agreement to appear at a specified time and place and upon such conditions as may be prescribed to insure the defendant's appearance.(e)Violation of Terms of Recognizance. In addition to other remedies provided for in this rule or otherwise provided for by law, violation of the terms of a recognizance may be punished as a contempt of court.(f)Justification of Sureties. Every surety, except a corporate surety authorized by law to give a recognizance, shall justify by affidavit or oral testimony under oath and may be required to describe the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged, and all the surety's other liabilities. No recognizance shall be approved unless the surety thereon appears to be qualified.(g)Revocation of Bail or Personal Recognizance.(1)Revocation. In addition to other remedies provided for in this rule or otherwise provided for by law, violation of the bail or personal recognizance conditions may result in the defendant's personal recognizance being revoked and may result in the defendant being ordered held without bail at the Adult Correctional Institutions.(2)Hearing. The court shall not revoke a defendant's bail or personal recognizance except after a hearing at which the defendant shall be afforded the opportunity to be present and apprised of the grounds on which such action is proposed. If the court finds by a preponderance of the evidence that a violation of the bail or personal recognizance conditions has occurred, the defendant may be admitted to bail or held without bail pending such hearing, as the court may deem reasonable. Prior to the hearing the Office of the Attorney General or the authorized law enforcement agency shall furnish the defendant and the court with a written statement specifying the grounds upon which revocation is sought.(3)Date for readmission to bail to be set. If the court revokes the defendant's bail or personal recognizance, the court shall set the date for trial. If the case has not been brought to trial or otherwise adjudicated after ninety (90) days, the defendant may move to be readmitted to bail.(4)Alternative remedies. Alternatively, in lieu of revoking the defendant's recognizance, the court may, in appropriate cases where a violation of the bail and personal recognizance conditions has been proven or admitted, require the defendant to give a new recognizance, with or without surety or sureties, in place of the one already given, with new or additional conditions, as to the court may seem reasonable.(h)Forfeiture.(1)Declaration. If there is a breach of condition of a recognizance, the court upon motion of the attorney for the prosecuting authority shall declare a forfeiture of the bail.(2)Setting Aside. The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.(3)Enforcement. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a recognizance the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses.(4)Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision.(5)Settlement. The prosecuting authority may settle with any obligor liable upon a forfeited recognizance upon such terms and in such manner as the prosecuting authority shall deem most advantageous to the interest of the prosecuting authority.(i)Exoneration. When the condition of the recognizance bond has been satisfied or the forfeiture thereof has been set aside or remitted or settled, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.