United States District Court

Northern District Of Illinois

Local Criminal Rules

LCrR46.1. Bail Bonds

(a) Who May Approve Bonds. When the amount of bail has been set by the judge or magistrate judge, a bond, whether secured by the defendant’s own recognizance or by a surety may be approved by a magistrate judge, the clerk, or one of the officers specified in 18 U.S.C. §3041, provided that only a judge may admit to bail or otherwise release a person charged with an offense punishable by death.

(b) Refund of Cash Deposit. Where a defendant’s bond is secured by depositing cash with the clerk, 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 Form LCrR46.1. 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.

A refund to a person other than the depositor shall be made only pursuant to an order of court.