Idaho Code
Idaho Code § 19-2922 (2026)
exoneration of bail.
✓ current as of May 2026
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exoneration of bail.
The court shall order the bail exonerated in the following circumstances:
(1) The defendant has appeared for all court proceedings as ordered and all charges for which the bail has been posted have been resolved by acquittal, dismissal or sentencing;
(2) Written notice of the court’s order of forfeiture was not mailed to the person posting bail or his designated agent within five (5) business days of the order of forfeiture;
(3) Written notice of the court’s order to set aside the order of forfeiture and reinstating bail was not mailed to the person posting bail or his designated agent within five (5) business days of the order;
(4) Before any order of forfeiture, the defendant has been surrendered or has surrendered himself to the sheriff of the county where the action is pending and the certificate of surrender has been filed with the court as required in section 19-2913, Idaho Code;
(5) The defendant has appeared before the court within one hundred eighty (180) days of the court’s order of forfeiture, unless the court has set aside the order of forfeiture and has reinstated bail pursuant to section 19-2916, Idaho Code; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of bail and the setting aside of the forfeiture on payment by the person posting bail of any costs incurred by state or local authorities arising from the transport of the defendant to the jail facility of the county where the charges are pending. Such costs shall not exceed the amount of the bail posted;
(6) The court has revoked bail and has ordered that the defendant be recommitted.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2007–2026 · leading case: State v. Gibson, 431 P.3d 255 (Idaho 2018).
State v. Gibson, 431 P.3d 255 (Idaho 2018). “I.C. § 19-2922(6). Section 19-2922(6) states: The court shall order the bail exonerated in the following circumstances: * * * (6) the court has revoked bail and has ordered that the defendant be recommitted.”
TWO JINN, INC. v. Dist. Court, 249 P.3d 840 (Idaho 2011). “The legislature has set that time at 180 days, Idaho Code § 19-2922 (5), which is a substantive statute, not simply procedural.”
State v. Beck, 167 P.3d 788 (Idaho Ct. App. 2007). “I.C. § 19-2922. Alternatively, the defendant may have two “sufficient sureties” execute a “written undertaking” of bail in which the sureties promise to pay the sums specified for bail if the defendant fails to appear.”
Leader v. Reiner, 151 P.3d 831 (Idaho 2007). “I.C. § 19-2922. The other option was to have two sufficient sureties execute and acknowledge before the judge the undertaking of sufficient bail.”
State v. Two Jinn, Inc Re: Nestor Rivera (Idaho Ct. App. 2012). “On April 15, Two Jinn filed a motion to set aside forfeiture and exonerate bond pursuant to Idaho Code § 19-2922 (5), which provides for exoneration when the defendant appears before the court within 180 days of the forfeiture.”
State of Idaho v. Allegheny Cas. Co. & A-Affordable Bail Bonds Idaho, LLC (Idaho Ct. App. 2026). “According to Allegheny, had the district court done so, the clerk would have been obligated under I.C. § 19-2922(2) to provide written notice of the forfeiture within five business days, and any failure to provide timely notice would have required automatic exoneration of the…”
Sun Sur. v. Fourth Jud. Dist Ct (Idaho Ct. App. 2013). “re, the court shall rescind the order of forfeiture and shall exonerate the bond; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of…”
— Idaho Code § 19-2922(2) — 1 case
State of Idaho v. Allegheny Cas. Co. & A-Affordable Bail Bonds Idaho, LLC (Idaho Ct. App. 2026). “According to Allegheny, had the district court done so, the clerk would have been obligated under I.C. § 19-2922(2) to provide written notice of the forfeiture within five business days, and any failure to provide timely notice would have required automatic exoneration of the…”
— Idaho Code § 19-2922(5) — 2 cases
Sun Sur. v. Fourth Jud. Dist Ct (Idaho Ct. App. 2013). “re, the court shall rescind the order of forfeiture and shall exonerate the bond; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of…”
State v. Two Jinn, Inc Re: Nestor Rivera (Idaho Ct. App. 2012). “On April 15, Two Jinn filed a motion to set aside forfeiture and exonerate bond pursuant to Idaho Code § 19-2922 (5), which provides for exoneration when the defendant appears before the court within 180 days of the forfeiture.”
— Idaho Code § 19-2922(6) — 1 case
State v. Gibson, 431 P.3d 255 (Idaho 2018). “I.C. § 19-2922(6). Section 19-2922(6) states: The court shall order the bail exonerated in the following circumstances: * * * (6) the court has revoked bail and has ordered that the defendant be recommitted.”
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