O.C.G.A.

O.C.G.A. § 17-13-36 (2019)

Granting of bail

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the prisoner to bail by bond, with sufficient sureties, in such sum as he deems proper, conditioned for the prisoner’s appearance before the judge or magistrate at a time specified in such bond and for the prisoner’s surrender to be arrested upon the warrant of the Governor of this state.

History

Ga. L. 1951, p. 726, § 16.

Annotations

Cross references. - Prohibition against excessive bail, U.S. Const.,

amend. 8 and Ga. Const. 1983, Art. I, Sec. I, Para. XVII.

JUDICIAL DECISIONS Purpose. - Purpose of Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 17-13-37) of the extradition law is to prevent unreasonably lengthy periods of confinement of fugitives pending consummation of extradition proceedings by the demanding state. There is, however, no indication of any legislative intent to restrict the period within which the Governor of another state may issue a rendition warrant to the period within which the court which issues the fugitive warrant may commit the accused or require the accused to give bond. Stynchcombe v.

Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978). Section limits confinement pending extradition only. - Ga. L. 1951, p. 726, §§ 15-17 (see O.C.G.A. §§ 17-13-35 17-13-37) only limit the time during which one arrested as a fugitive may be kept in jail or on bail in lieu thereof, pending the completion of extradition proceedings and the issuance of the Governor’s arrest warrant. Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 (1978). Cited in Soviero v. State, 220 Ga. 119, 137 S.E.2d 471 (1964).

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 61, 63, 115. Am. Jur. Proof of Facts. - Excessive Bail, 18 POF2d 149 C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, §§ 21, 22, 95. U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 16.

ALR. - Pretrial preventive detention by state court, 75 A.L.R.3d 956. Right of extraditee to bail after issuance of governor’s warrant and pending final disposition of habeas corpus claim, 13 A.L.R.5th 118. Allowance of bail in international extradition proceedings, 60 A.L.R. Fed. 2d 203.