March 24, 1982
|TO:||All Circuit Judges, Clerks of Court, Solicitors, Magistrates and Municipal Judges
|FROM:||H. Lee Smith, Staff Attorney
|RE:||Revised Bond Form 2|
The revised Bond Form 2, referred to previously as the "surety bond form," will soon be distributed as supplies of the original form are exhausted. The purpose of this memorandum is to identify the major changes in the revised forms.
First, the format was condensed and reorganized to permit most information to be placed on the front of the form. The only information remaining on the back concerns the seldom-used additional conditions of release. In most cases, the form may be completed without reference to (and typing on) the reverse side. Thus, the trial date and location, and the defendant's acknowledgement, are located on the front.
Secondly, this form includes types of bonding information other than the surety bond. This form alone should be used for any of the bonding situations other than the release on personal recognizance, for which Bond Form 1 is still applicable. Bond Form 2 now has a provision for releasing a defendant upon: (1) the posting of a full cash bond as permitted by Section 17-15-190; (2) the posting in cash of a percentage of the bond with surety as permitted by Section 17-15-10(a).
Thirdly, if an appearance bond with surety is used, the printed or typed name of the surety is located within the surety section rather than at the top of the form as before.
Fourthly, the information regarding the time, date and place of the defendant's trial, now located in a box, also provides space for the defendant's initials to draw his attention especially to that information.
Finally, because of the very nature of forms, your use of this form will soon become routine. I strongly recommend that you study and familiarize yourself with the new form as soon as you reorder a new supply.
I believe that you will find the revision much more complete and easier to use. Special thanks are due the members of the Magistrates Advisory Committee for their valuable input.