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Rule 4007*(e)(1-5). Qualification of Surety.

*(e)(1) Authorization for Cash Bail. - A District Justice of the Peace shall allow, and the Court may allow, defendants charged with a crime or crimes to furnish as bail with the District Justice of the Peace or Clerk of Court a sum of money in U.S. currency equal to 10 percent of the full amount of the bail fixed by the District Justice of the Peace or the Court. The District Justice of the Peace or the Court may require a third person to act as surety and may require the surety, as well as the defendant, to execute the required bail bond. The sum of money may be furnished by the defendant or by a third party, and the bail bond shall disclose who furnished the money. No survey company or professional bail bondsman, or agent thereof, shall act as third party surety under the provisions of this Rule. In the event a member of law enforcement is selected to act as surety, he or she will not be obligated to pay any sums of money in the event of bail forfeiture.

*(e)(2) When the conditions of the bail bond have been performed and the accused has been discharged from all obligations of the bail bond, the Clerk of Courts shall return the amount deposited less the balance to be retained by the Clerk of Courts as an administrative cost, which shall be $75. If the amount deposited is less than $75, the Clerk of Courts shall retain as administrative costs the amount deposited with no balance to be refunded. The monies retained by the Court shall be considered as earned at the time the bail undertaking is executed. The retention fee withheld by the District Justice of the Peace or by the Clerk of Courts shall be for the use of the county and shall be received and accounted for by the Clerk of Courts. The retention fee withheld by the District Justice of the Peace shall be forwarded immediately to the Clerk of Courts upon receipt.

*(e)(3) If the accused does not comply with the conditions of the bail bond, the Court may enter an order declaring the bail to be forfeited. Notice of such order of forfeiture shall be mailed forthwith to the accused at his last known address. Such notice shall likewise be given to the surety, if any. If the accused does not appear and surrender to the Court within 15 days from the date of forfeiture, or within such period satisfy the Court that appearance and surrender by the accused is impossible and without his fault, the Court may enter judgment for the county and against the defendant and/or the surety for a sum not to exceed the full amount of the bail.

No judgment shall be entered against a surety who is a member of law enforcement authorized to act as surety.

*(e)(4) If the Court orders the defendant to pay the fine and the costs of prosecution, the balance of the amount deposited pursuant to Section (e)(1) above by the defendant or the surety, if any, may be applied to the payment of said fine and costs upon written authorization of the depositor.

*(e)(5) Upon authorization in writing of the party who furnished the deposit, the Court or its designee may order whatever amount is repayable from such deposit to be paid as the depositor directs.