29-08-28. Bail - Defendant's property
Except as otherwise provided in this section, moneys deposited as bail are the property of
the defendant, whether deposited by the defendant or by a third person on the defendant's
behalf. If bail moneys are deposited by a third person, the person must be notified at the time of
deposit that the moneys may be paid to the defendant upon final disposition of the case or
applied to any fine, cost, or restitution imposed on the defendant. The person may direct,
subject to further order of the judge, that the deposited moneys be released to that person upon
final disposition of the case. When moneys are accepted by the court as bail, the judge shall
order that the moneys received be deposited with the clerk of court. The clerk shall retain the
moneys until the final order of the court disposing of the case. Upon release of the moneys held
by the clerk, the moneys must be paid to the defendant or pursuant to the defendant's written
direction or, unless otherwise ordered by the judge, as directed by a person who deposited
moneys on behalf of the defendant. In the case of a conviction, the judge may order the moneys
to be applied to any fine, cost, or restitution imposed on the defendant. The balance of the
deposit, if any, must be paid to the defendant. Moneys deposited with the court or clerk of court
as bail are exempt from garnishment, attachment, or execution.
