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Rule 536 – Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) SANCTIONS

(1)Revocation of Release

(a) A person who violates a condition of the bail bond is subject to a revocation of release and/or a change in the conditions of the bail bond by the bail authority.
(b) When a violation of a condition occurs, the bail authority may issue a bench warrant for the defendant’s arrest. When the bench warrant is executed, the bench warrant proceedings shall be conducted pursuant to Rule 150.
(c) The bail authority also may order the defendant or the defendant’s surety to explain why the defendant’s release should not be revoked or why the conditions of release should not be changed. A copy of the order shall be served on the defendant and the defendant’s surety, if any.
(d) When the bail authority changes the conditions of the bail bond and/or revokes the defendant’s release, the bail authority shall state in writing or on the record the reasons for so doing.
(2)Forfeiture

(a) When a monetary condition of release has been imposed and the defendant has violated a condition of the bail bond, the bail authority may order the cash or other security forfeited and shall state in writing or on the record the reasons for so doing. When the surety is a third party, the cash or other security may be ordered forfeited only when the condition of the bail bond violated is that the defendant has failed to appear for a scheduled court proceeding.
(b) Written notice of the forfeiture shall be given to the defendant and any surety, either personally or by both first class and certified mail at the defendant’s and the surety’s last known addresses.
(c) The forfeiture shall not be executed until 90 days after notice of the forfeiture order.
(d) The bail authority may direct that a forfeiture be set aside or remitted as provided by law or if justice does not require the full enforcement of the forfeiture order.
(B) BAIL PIECES

(1) A surety or bail agency may apply to the court for a bail piece.
(2) If the court is satisfied that a bail piece is required, it may issue a bail piece authorizing the surety or bail agency to apprehend and detain the defendant, and to bring the defendant before the bail authority without unnecessary delay.
(C) EXONERATION

(1) A bail authority, as provided by law or as justice requires, shall exonerate a surety who deposits cash in the amount of any forfeiture ordered or who surrenders the defendant in a timely manner.
(2) When the conditions of the bail bond have been satisfied, or the forfeiture has been set aside or remitted, the bail authority shall exonerate the obligors and release any bail.

234 Pa. Code ยง 536

Amended by Pennsylvania Bulletin, Vol 47, No. 20. May 20, 2017, effective 5/20/2017

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with Court’s Order at 25 Pa.B. 4116 (September 30, 1995) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the March 3, 2004 rule changes deleting “show cause” published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .

Final Report explaining the August 24, 2004 Comment revision published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004) .

Final Report explaining the December 30, 2005 amendments concerning bench warrants published with the Court’s Order at 36 Pa.B. 184 (January 14, 2006) .

Final Report explaining the May 1, 2007 Comment revision concerning bench warrants following a failure to appear at a preliminary hearing published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007) .

Final Report explaining the September 18, 2008 revision of the Comment concerning the United States Postal Service’s return receipt electronic option published with the Court’s Order at 38 Pa.B. 5428 (October 4, 2008) .