Rule 27. Pre trial release program.

Rule 27.1. Structure.

Rule 27.2. Duties.

Rule 27.3. Release under the program.

Rule 27.4. Security bail other than 10% bail.

Rule 27.5. Exoneration of bondsman after forfeiture.

This program may be established in any county by the superior court judges of the circuit within which that county lies and the appropriate county governing authorities.

Rule 27.1. Structure.

The superior court judges, under whose authority the program shall function, shall appoint a director; setting the qualifications deemed necessary and appropriate for the office. The director shall:

(A) Be responsible for the supervision and execution of the duties enumerated hereinafter in connection with the program;

(B) Receive such compensation as may be set by the superior court judges from time to time subject to the approval of the governing authority;

(C) Hold office at the pleasure of the superior court judges;

(D) Employ such assisting and clerical staff as may be authorized and assign them as needed to discharge the functions of the program; and,

(E) Develop and promulgate rules, regulations and procedures pertaining to conditional release under the program, subject to the approval of the superior court judges, including such as pertain to the issuance of a bench warrant for the arrest of any individual released under the program who fails to comply with the conditions of the release.

Rule 27.2. Duties.

The duties involved in the proper functioning of the program shall include:

(A) Securing pertinent data and providing reports containing verified information respecting an accused who has agreed to be considered for release under the program;

(B) Conducting such investigation and interviews as may be necessary for the compilation of such reports and submitting the reports to an appropriate judicial officer;

(C) Monitoring and reporting to the court the compliance or noncompliance of an accused released under the program with the conditions of release;

(D) Providing appropriate documentation to the court respecting performance by an accused complying with the conditions of release so that upon full performance by the accused the sheriff shall return to the party posting deposit bail that portion of the deposit not retained to defray administrative costs; and,

(E) Providing appropriate documentation to the court respecting performance by an accused not complying with the conditions of release so that the court having jurisdiction may:

(1) enter an order declaring the bond forfeit and requiring that any deposit held in escrow by the sheriff be paid into the county general fund;

(2) issue a bench warrant for the arrest of the accused.

Rule 27.3. Release under the program.

(A) After reviewing available reports provided pursuant to Rule 27.2(B), upon determination of eligibility, a judicial officer having bail jurisdiction may order an accused person released conditionally and/or released under supervision in lieu of requiring the accused to post a money bond or equivalent security; alternatively the judicial officer may require the accused, prior to release, to deposit with the sheriff a sum of money or equivalent security equal to 10% of the principal amount of the bond which otherwise would be required, referred to hereinafter as "10% bail."

(B) No person may receive compensation for acting as surety in respect of posting 10% bail under Rule 27.

(C) of the amount deposited as 10% bail under Rule 27, $10.00 or 10%, whichever is greater, will be transferred immediately to the general fund of the county to defray administrative costs; the amount remaining will be held by the sheriff in an escrow account pending final disposition as provided in Rule 27.2(D) and (E).

Rule 27.4. Security bail other than 10% bail.

In lieu of the bail deposit provided for above, any person for whom bail has been set may execute the bail bond with or without sureties which bond may be secured by:

(1) Cash by a deposit with the sheriff of an amount equal to the required cash bail; or

(2) Property by real estate located within the State of Georgia with unencumbered equity, not exempted, owned by the accused or surety, valued at double the amount of bail set in the bond; or

(3) Professional by a professional bail bondsman authorized by the sheriff and in compliance with the rules and regulations for execution of a surety bail bond.

Rule 27.5. Exoneration of bondsman after forfeiture.