Public Safety Report System
Procedures and Forms Related to Monetary Bonds
Senate Bill 6 amended Section 17.53 of the Code of Criminal Procedure requiring OCA to develop statewide procedures and prescribe forms to be used by a court to facilitate:
- the refund of any cash funds paid toward a monetary bond, with an emphasis on refunding those funds to the person in whose name the receipt described by Article 17.02 was issued; and
- the application of those cash funds to the defendant’s outstanding court costs, fines, and fees.
The clerk of the court shall make this form available for no charge to the requestor after final disposition of a criminal case.
Fees Charged under LGC 117.055 Effective 12/02/2021
- Pursuant to Section 117.055, Local Government Code, to compensate the county for the accounting and administrative expenses incurred in handling the registry funds that have not earned interest, including funds in a special or separate account, the Clerk may deduct a fee equal to 5% of the withdrawal, but not to exceed $50, at the time of refunding a cash bail bond if:
- Defendant was found guilty at trial or after appeal; or
- Defendant entered a plea of guilty or nolo contendre and was convicted by the court or placed on deferred adjudication.
- Clerk may NOT deduct the fee if:
- Defendant was found NOT guilty at trial or after appeal; or
- The complaint, information or indictment was dismissed without a plea of guilty or nolo contendre being entered.
- If the Clerk deducts a fee before final disposition of the criminal case and the court subsequently makes or enters an order or ruling that would have prohibited the deduction of a fee if it had been entered before the bond was refunded, the Clerk must refund the amount of the deducted fee to the person who requested the refund of the cash bail bond funds. This DOES NOT apply to a dismissal following successful completion of deferred adjudication.
Download here: Motion to Release Funds Deposited for Cash Bail Bond
Charitable Bail Organizations
Sec. 9 (d) of Senate Bill 6 requires that a county clerk issue a certificate to a charitable bail organization, authorizing the organization to pay bail bonds in the county, after the clerk makes certain determinations about the organization. Sec. 9 (e) requires that a charitable bail organization file, in the office of the county clerk where bail bonds are intended to be paid, an affidavit designating the individuals authorized to pay bonds on behalf of the organization. The forms below have been created to assist with these new requirements.
Sample Forms for Courts
- Checklist for Charitable Bail Organization Certificate
- Charitable Bail Organization Certificate Application
- Charitable Bail Organization Certificate
- Affidavit for Bond Payments
Sec. 9 (f) requires that a charitable bail organization submit to the sheriff of the each county, in which the organization filed an affidavit for bond payments, a report that includes information for each defendant the organization paid a bail bond for in the preceding calendar month. The report must be submitted to the sheriff no later than the 10th day of each month.
A sheriff who receives a report from a charitable bail organization shall provide a copy of the report to the Office of Court Administration. Copies of these reports can be email to: email@example.com with the subject line in the following format:
[County Name] Sheriff Charitable Bail Organization [Month Name] Report