Local Criminal Rules
Rule 1.10 Bail Bond Procedure
A. Bonds to be Secured by Deposit of Cash
Except in cases where the release of the defendant is ordered upon his/her own recognizance, bail bonds shall be secured by the deposit of cash (equal to 10% of the bond, unless the Court should order that the full amount of the bond be deposited) or obligations of the United States in the full amount of the bond, or the undertaking or guaranty of a corporate surety holding a certificate of authority from the Secretary of the Treasury, or the undertaking or guaranty of two individual residents of the Northern District of Illinois.
Bail bonds of individual sureties shall comply withRule 26(c) of the General Rules of this Court and shall be submitted to the United States Attorney for his/her approval.
B. Release of Defendant on his/her Own Recognizance
Where the Court is reasonably satisfied that the defendant will appear as required, the Court should release the defendant on his/her own recognizance.
C. Approval of Bonds
When the amount of bail has been fixed by the judge, a bond, whether secured in one of the ways set forth in paragraph A above, or an own recognizance bond, may be approved by the Clerk of the Court, a United States Magistrate, or one of the officers specified in Title 18, U.S. Code, Section 3041, provided that only a judge may admit to bail or otherwise release a person charged with an offense punishable by death.
D. Refund of Bond Monies
Where a defendant's bond is secured by depositing cash with the Clerk pursuant to part A of this Rule, the cash shall be refunded when the conditions of the bond have been performed and the defendant has been discharged from all obligations thereon. However, if the sentence includes a fine or costs, the sentence shall constitute a lien in favor of the United States on the amount deposited to secure the bond. In such instances the amount deposited can be refunded only by order of court. No such lien shall attach when someone other than the defendant has deposited the cash and refund is directed to someone other than the defendant.
At the time the cash deposit is made, the person furnishing the cash (the depositor) shall be given a receipt by the Clerk. The depositor shall at the time of the deposit indicate in writing the name and address of the person to whom the cash is to be refunded. This shall be done on the form appended to this General Order. The depositor may change the designation of the person to receive the refund by completing a new form and filing it with a fiscal deputy in the Clerk's Office at any time before the refund is made.
If the refund exceeds the sum of $3,000.00 and is to be made to a person other than the depositor, the refund shall be made only pursuant to an order of court.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
FORM TO BE COMPLETED BY THE PERSON DEPOSITING CASH TO SECURE A BOND
Defendant's Name:____________________ Case No:__________
I, ____________________, (name of person depositing cash) state that I am the person making
the cash deposit of $_______ to secure the bond of defendant _____________________ (Name
of the defendant whose bond is secured by this deposit).
I directed the Clerk of the Court to refund this cash deposit as follows (initial one or both and
indicate the amount(s) to be refunded):
$________ to me. . . . . . . . . . . . . . . . .________(initials)
$________to_____________________ (name of person to receive refund) _____ (initials) of
____________________(City, State and ZIP code)
Date:__________ _________________________(Signature of Depositor)
Receipt No._______ ___________________(Address of Depositor)
1. The person depositing cash with the Clerk to secure the release of a defendant in a
criminal case shall complete the form on the reverse. (The Cashier will provide the receipt
2. Refunds of cash deposits are governed by local Criminal Rule 1.10 D.
3. The Clerk will refund monies deposited without additional order of court only to the person
or persons indicated on the reverse of this document.
4. In order to make the payment without specific order of court the Clerk requires that this
document, the original receipt, and the assignment, if any, be surrendered to the cashier at the
time the request for refund was made.