W.R.Cr.P. 46

(a) Prior to trial. — Eligibility for release prior to trial shall be in accordance

with Rules 46.1 and 46.3.

(b) During trial. — A person released before trial shall continue on release

during trial under the same terms and conditions as were previously imposed

unless the court determines that other terms and conditions, or the termination, of release are necessary to assure such person’s presence during the trial

or to assure that such person’s conduct will not obstruct the orderly and

expeditious progress of the trial.

(c) Pending sentence and notice of appeal. — Eligibility for release pending

sentence or pending notice of appeal or expiration of the time allowed for filing

notice of appeal, shall be in accordance with Rule 46.2. The burden of

establishing that the defendant will not flee or pose a danger to any other

person or to the community rests with the defendant.

(d) Pending determination of a petition to revoke probation. — When a

petition to revoke probation has been filed, the court may, in its discretion,

admit the defendant to bail pending a hearing.

(e) Justification of sureties. — Every surety, except a corporate surety which

is approved as provided by law, shall justify by affidavit and may be required

to describe in the affidavit the property by which the surety proposes to justify

and the encumbrances thereon, the number and amount of other bonds and

undertakings for bail entered into by the surety and remaining undischarged

and all the other liabilities of the surety. No bond shall be approved unless the

surety thereon appears to be qualified.

(f) Forfeiture of bail. —

(1) Declaration. — If there is a breach of condition of a bond, the court

shall declare a forfeiture of the bail.

(2) Setting Aside. — The court may direct that a forfeiture be set aside in

whole or in part, upon such conditions as the court may impose, if a person

released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears

that justice does not require the forfeiture.

(3) Enforcement. — When a forfeiture has not been set aside, the court

shall on motion enter a judgment of default and execution may issue

thereon. By entering into a bond, the obligors submit to the jurisdiction of

the court and irrevocably appoint the clerk of the court as their agent upon

whom any papers affecting their liability may be served. The obligors’

liability may be enforced on motion without the necessity of an independent

action. The motion and such notice of the motion as the court prescribes may

be served on the clerk of the court, who shall forthwith mail copies to the

obligors to their last known addresses.

(4) Remission. — After entry of such judgment, the court may remit it in

whole or in part under the conditions applying to the setting aside of

forfeiture in paragraph (2).

(g) Exoneration of obligors. — When the condition of the bond has been

satisfied or the forfeiture thereof has been set aside or remitted, the court shall

exonerate the obligors and release any bail. A surety may be exonerated by a

deposit of cash in the amount of the bond or by a timely surrender of the

defendant into custody.

(h) Supervision of detention pending trial. — The court shall exercise

supervision over the detention of defendants and witnesses within its jurisdiction pending trial for the purpose of eliminating all unnecessary detention.

Each Monday and Thursday, or if Monday or Thursday is a holiday, the first

working day following, the custodial officer shall make a report to the court

listing each defendant and witness who has been in custody pending initial

appearance, extradition proceedings, or a probation revocation hearing for a

period in excess of 48 hours. The sheriff shall make a biweekly report to the

court listing each defendant and witness who has been held in custody pending

arraignment or trial for a period in excess of 10 days. As to each witness so

listed the attorney for the state shall make a statement of the reasons why

such witness should not be released with or without the taking of a deposition

pursuant to Rule 15(a). As to each defendant so listed the attorney for the state

shall make a statement of the reasons why the defendant is still held in

custody.