AGO 1993-015.

• Case Date: July 29, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-015. July 29, 1993OPINION NO. 1993-015The Honorable Stephanie Tubbs Jones Cuyahoga County Prosecuting Attorney Courts Tower, Justice Center 1200 Ontario Street Cleveland, Ohio 44113Dear Prosecutor Jones: You have asked whether the provisions of R.C. Chapter 2925 that relate to the disposition and use of forfeited bail preclude the remission of forfeited bail pursuant to R.C. 2937.39. Your question arises from the fact that several sections within R.C. Chapter 2925 mandate that if an individual forfeits his bail, fifty percent of the forfeited bail is to be paid "to the county, township, municipal corporation, park district, as created pursuant to section 511.18 or 1545.01 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender," R.C. 2925.03(J)(1), and fifty percent is to be disbursed to the executive director of the State Board of Pharmacy, R.C. 3719.21. See, e.g., R.C. 2925.02(D)(3), (4); R.C. 2925.11(E)(3), (4); R.C. 2925.12(D)(3), (4); R.C. 2925.13(D)(3), (4); R.C. 2925.14(G)(3), (4); R.C. 2925.22(C)(3), (4); R.C. 2925.23(G)(3), (4); R.C. 2925.31(C)(3), (4); R.C. 2925.32(F)(3), (4); R.C. 2925.36(D)(3), (4); R.C. 2925.37(L)(3), (4); see also R.C. 2925.03(K) (if a person forfeits his bail, one hundred percent of the forfeited bail is paid pursuant to R.C. 2925.03(J)). These provisions, thus, provide that upon the declaration of forfeiture, the magistrate or clerk of court is required to disburse the forfeited bail to the law enforcement agencies that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender, and to the executive director of the State Board of Pharmacy. See generally R.C. 2937.36(A) (upon declaration of forfeiture, a magistrate or clerk of the court adjudging forfeiture "shall proceed forthwith to deal with the sum deposited as if the same were imposed as a fine for the offense charged and distribute and account for the same accordingly"). After bail has been declared forfeited, however, a court or magistrate pursuant to R.C. 2937.39 has the discretion to remit all or a portion of the forfeited bail:

After judgment has been rendered against surety or after securities sold or cash

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