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.
Last modified: February 3, 2019