Current through the 2024 Fourth Special Session
Section 77-20-208 - Release from conditions when charges not filed in specified time period(1) If a prosecuting attorney does not file an information, indictment, or a request to extend time under Subsection (2), within 120 days after the day on which a county jail official released the individual on a financial condition under Section 77-20-203 or within 120 days after the day on which a temporary pretrial status order was issued for the individual: (a) the individual shall be relieved from any condition of pretrial release;(b) the court shall refund any monetary bail in accordance with Subsection 77-20-402(5); and(c) if a bail bond was used to post monetary bail, the bail bond shall be exonerated without further order of the court.(2) A request to extend time shall: (a) be served on: (i) the individual and the individual's attorney; and(ii) if a bail bond was used to post monetary bail, the surety; and(b) except as provided in Subsection (3), be granted for a period of up to 60 days.(3) The magistrate may grant a request to extend time for a period of up to 120 days upon a showing of good cause.(4) Nothing in this section prohibits the filing of charges against an individual at any time.Amended by Chapter 408, 2023 General Session ,§ 8, eff. 5/3/2023.Added by Chapter 4, 2021SP2 General Session ,§ 19, eff. 11/16/2021.