Idaho Code
Idaho Code

Idaho Code § 19-2905 (2026)

definitions. 

✓ current as of May 2026
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definitions. 

As used in this chapter, unless the context requires otherwise:

(1)  "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.
(2)  "Bail agent" means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings.
(3)  "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.
(4)  "Bench warrant" means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient.
(5)  "Cash deposit" means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court.
(6)  "Certificate of surrender" means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature.
(7)  "Conditions of release" means any reasonable restrictions, conditions or prohibitions placed upon the defendant’s activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court.
(8)  "Exoneration" means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond.
(9)  "Forfeiture" means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited.
(10) "Order of recommitment" means an order of the court committing the defendant back to the custody of the sheriff.
(11) "Person" means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho.
(12) "Property bond" means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered.
(13) "Readmittance to bail" means an order of the court allowing the defendant to post new bail following an order of revocation.
(14) "Recommitment" means the return of the defendant to the custody of the sheriff following revocation or forfeiture of bail.
(15) "Reinstatement of bail" means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited.
(16) "Revocation of bail" means an order by the court revoking the defendant’s release on bail.
(17) "Surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.
(18) "Surrender" means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending.
Notes of Decisions
Cited in 9 cases, 1967–2018 · leading case: State v. Currington, 700 P.2d 942 (Idaho 1985).
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State v. Currington, 700 P.2d 942 (Idaho 1985). · cites it 38× “That statute provides: "Bail may be allowed to the defendant where good cause is shown, in all cases in which the appeal is from the trial, conviction or sentence for a criminal offense; except that no bail shall be allowed when the defendant has been sentenced for the said…”
State v. Dunn, 434 P.2d 88 (Idaho 1967). · cites it 8× “I.C. § 19-2905 provides that: "After conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail: 1.”
State v. Trefren, 736 P.2d 864 (Idaho Ct. App. 1987). · cites it 12× “Trefren contends that the court denied the bail because of the court’s erroneous reliance on I.C. § 19-2905. Trefren asserts that the trial court has authority in his case to allow bail pending appeal based on I.”
State v. Gibson, 431 P.3d 255 (Idaho 2018). · cites it 6× “19-2903(4) ; see also I.C. § 19-2905(13) (" 'Readmittance to bail' means an order of the court allowing the defendant to post new bail following an order of revocation.”
State v. Jiminez, 456 P.2d 784 (Idaho 1969). · cites it 4× “I.C. § 19-2905 provides: “Admittance to bail after conviction.”
State v. Kerrigan, 571 P.2d 762 (Idaho 1977). · cites it 2× “In Idaho, the procedures governing admission to bail after conviction and while an appeal is pending have long been spelled out in I.C. §§ 19-2905 and -2906. “19-2905. Admittance to bail after conviction.”
State v. Aladdin Bail Bonds, 402 P.3d 1119 (Idaho Ct. App. 2017). · cites it 2× “Therefore, Aladdin meets the second prong of the definition of “Bail Agent” under I.C. § 19-2905(2) but not the first. The Court notes that if Aladdin is a licensed producer of surety insurance then in order to act as an agent for a surety it must not only be authorized by the…”
State v. Elisondo, 736 P.2d 867 (Idaho Ct. App. 1987). · cites it 2× “Over Elisondo’s objection, the court allowed Martha’s preliminary hearing testimony to be read to the jury.”
State v. Aladdin Bail Bonds (Idaho Ct. App. 2017). · cites it 2× “Therefore, Aladdin meets the second prong of the definition of “Bail Agent” under I.C. § 19-2905(2) but not the first. The Court notes that if Aladdin is a licensed producer of surety insurance then in order to act as an agent for a surety it must not only be authorized by the…”
— Idaho Code § 19-2905(13) — 1 case
State v. Gibson, 431 P.3d 255 (Idaho 2018). “19-2903(4) ; see also I.C. § 19-2905(13) (" 'Readmittance to bail' means an order of the court allowing the defendant to post new bail following an order of revocation.”
— Idaho Code § 19-2905(2) — 3 cases
State v. Aladdin Bail Bonds, 402 P.3d 1119 (Idaho Ct. App. 2017). “Therefore, Aladdin meets the second prong of the definition of “Bail Agent” under I.C. § 19-2905(2) but not the first. The Court notes that if Aladdin is a licensed producer of surety insurance then in order to act as an agent for a surety it must not only be authorized by the…”
State v. Jiminez, 456 P.2d 784 (Idaho 1969). “I.C. § 19-2905 provides: “Admittance to bail after conviction.”
State v. Aladdin Bail Bonds (Idaho Ct. App. 2017). “Therefore, Aladdin meets the second prong of the definition of “Bail Agent” under I.C. § 19-2905(2) but not the first. The Court notes that if Aladdin is a licensed producer of surety insurance then in order to act as an agent for a surety it must not only be authorized by the…”
— Idaho Code § 19-2905(7) — 1 case
State v. Gibson, 431 P.3d 255 (Idaho 2018). “19-2903(4) ; see also I.C. § 19-2905(13) (" 'Readmittance to bail' means an order of the court allowing the defendant to post new bail following an order of revocation.”
— Idaho Code § 19-2905(8) — 1 case
State v. Gibson, 431 P.3d 255 (Idaho 2018). “19-2903(4) ; see also I.C. § 19-2905(13) (" 'Readmittance to bail' means an order of the court allowing the defendant to post new bail following an order of revocation.”
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