Sunnyside Municipal Court

401 Homer St

Sunnyside, WA 98944

Purpose: The purpose of this policy is to provide clear direction regarding justified bail bonding companies and bail bond procedures.

Policy Summary: This policy creates an application process for bail bond companies to post in Sunnyside Municipal Court, rules and appeals for forfeiture, exoneration, and surrender

Policy and Procedures

1. The decision to discontinue or allow a bail bond company to post bonds is the absolute discretion of the court.
2. No bonding company shall be allowed to post bond(s) on the owner(s) own criminal cases due to concerns regarding the surrender procedure

1. Each bail bond company must be approved prior to being allowed to post bail bond in Sunnyside Municipal Court.
   1. Each application must include:
      1. A copy of the business license issued by the City of Yakima.
      2. A copy of the agency license
      3. Contact information for the company including address, telephone number and email address.
      4. A list of authorized agents for the company to include;
         1. The current business and residential address for each agent;
         2. Current phone numbers for each agent;
         3. A copy of the agent license.
      5. The name and rating of the company backing the bonds.
      6. The names of the courts where they post most of the bonds.
      7. Letters from 3 courts regarding their payment of forfeiture and surrender history.
      8. The signature of the applicant
   2. Contact information must be updated with the court upon any changes.
2. Removing bail bond company from approved list.
   1. An approved bail bond company is no longer eligible to post a bond in Sunnyside Municipal Court upon the following:
      1. If an agent takes into custody 2 persons within a 12 month period after the case has been dismissed or the bond exonerated where notice had already been sent
      2. If the surety is late paying a forfeited bond by more than 10 days 3 times in a 12 month period.
      3. Any combination of I, ii, or any other act the court deems inappropriate actions.
      4. Any violation of state and/or federal rules relating to bonding companies and surities.
   2. The court shall send an email and mail notification to the bail bond company upon a determination the bail bond company is no longer eligible to post a bond.
3. Motion for Reconsideration
   1. Any motion to reconsider a decision involving forfeiture of bail shall be filed within 10 days from the date of the decision in the Sunnyside Municipal Court.
   2. Any bail bond company wanting the court to reconsider the company being removed from the approved list needs to request a meeting with the presiding judge.
   3. It is in the absolute discretion of the court to reverse the decision and allow a bail bond company to post bond after being removed from the approved list. The court has discretion to impose additional conditions when re-instating a bail bond company.
4. Posting Bonds
   1. When posting a bond for a defendant, the bond must include the correct information; name of defendant, case number and the amount of bond being posted.  
   2. When posting bonds for cases on warrant status, the defendant must be present at that time with the bonding agency. To avoid a failure to appear, the defendant will be provided a notice of their next scheduled hearing date and time.
5. Forfeiture of Bond
   1. When a defendant fails to appear and a bond has been posted, the bond shall be declared forfeited and a judgment shall be entered against the principal and sureties named in the bond, for the amount of the bond.  The court shall notify the bonding agency within 10 business days. If not notified appear within thirty days of the failure to appear then the forfeiture shall be null and void and the recognizance exonerated.
   2. Following a forfeited bond, a stay of execution shall remain in place for sixty days, unless the same shall be vacated before the expiration of that time.
   3. If defendant is produced in court prior to the expiration of the 60 day stay of execution, the previously forfeited bond may be exonerated and a new bail amount ordered.
   4. If the defendant is in custody in another jurisdiction within the 60 day stay of execution, in addition to providing proof of the defendant’s location, the bonding agency may file a motion with the court to either extend the stay of execution to 12 months or to exonerate and will be at the discretion of the presiding judge.
   5. If the defendant is returned to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, shall be remitted to the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement.
   6. The defendant may be surrendered only to the Sunnyside City Jail, as the city jail affiliated with the jurisdiction issuing the warrant resulting in bail.