Indiana Code

Ind. Code § 27-10-2-5 (2025)

Surrender of defendants

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 5. (a) Any time before there has been a breach of the undertaking in any type of bail and cash bond, the surety may surrender a defendant, or the defendant may surrender, to the official to whose custody the defendant was committed at the time bail was taken or to the official into whose custody the defendant would have been given if committed.

     (b) A defendant shall be surrendered without the return of premium for the bond if the defendant has been guilty of:

(1) changing address without notifying the defendant's bail agent or surety;

(2) concealing one's self;

(3) leaving the jurisdiction of the court without the permission of the defendant's bail agent or surety or the court; or

(4) violating the defendant's contract with the bail agent or surety in a way that does harm to the bail agent or the surety or violates the defendant's obligation to the court.

As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.2; P.L.224-1993, SEC.7.

 

Notes of Decisions
Cited in 4 cases, 2001–2011 · leading case: Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001).
Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001). · cites it 34× “That memorandum concludes that a surety does not need to obtain a certified arrest warrant if he or she meets the requirements of Ind.Code §§ 27-10-2-5 or XX-XX-X-X in full.”
Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008). · cites it 2× “Indiana Code Section 27-10-2-5(b) states: A defendant shall be surrendered without the return of premium for bond if the defendant has been guilty of: (1) changing address without notifying the defendant's bail agent or surety; (2) concealing one's self; (3) leaving the…”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004). · cites it 2× “Ind.Code § 27-10-2-5(a) (1998); Ind.Code § 27-10-2-6 (1998).”
Osburn v. State, 940 N.E.2d 853 (Ind. Ct. App. 2011). · cites it 2× “at 77-78; see also Ind.Code §§ 27-10-2-5 and -6 (governing surrender of defendants and exoneration of sureties).”
Ind. Code § 27-10-2-5(a): 2 cases
Bond Forfeiture Amwest Sur. Ins. Co. v. State, 750 N.E.2d 865 (Ind. Ct. App. 2001). “That memorandum concludes that a surety does not need to obtain a certified arrest warrant if he or she meets the requirements of Ind.Code §§ 27-10-2-5 or XX-XX-X-X in full.”
State v. Boles, 810 N.E.2d 1016 (Ind. 2004). “Ind.Code § 27-10-2-5(a) (1998); Ind.Code § 27-10-2-6 (1998).”
Ind. Code § 27-10-2-5(b): 1 case
Williams v. State, 891 N.E.2d 621 (Ind. Ct. App. 2008). “Indiana Code Section 27-10-2-5(b) states: A defendant shall be surrendered without the return of premium for bond if the defendant has been guilty of: (1) changing address without notifying the defendant's bail agent or surety; (2) concealing one's self; (3) leaving the…”
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