11-17-06 A-1695-05T1
The Remittitur Guidelines governing partial remission of
forfeited bail were promulgated by the Administrative Office of
the Courts in Administrative Directive #13-04 issued on November
17, 2004, and were endorsed by us in State v. Ramirez, 378 N.J.
Super. 355 (App. Div. 2005). In part, the Guidelines call for
"minimal remission" in situations where the surety "provided
minimal or no supervision while the defendant was out on bail,"
but the amount of the remission varies depending on whether the
surety did or did not "engage in immediate substantial efforts
to recapture the defendant." In this case, we addressed the
meaning of "immediate substantial efforts."
We held that the immediacy of the surety's efforts should
ordinarily be measured from the time the surety is informed of
the warrant/forfeiture, without reference to when it would or
should have learned of that fact if there had been proper
supervision.
We also held that "substantial efforts" is given meaning by
the use of the phrase, "reasonable efforts under the
circumstances," one of the listed factors to be weighed in
deciding the amount of the remission. We also equate reasonable
with effective. The word substantial does not relate solely to
the quantum of effort expended by the surety, but to the quality
of that effort.
Here, the surety, once made aware of the defendant's
default, immediately ascertained that he was incarcerated in
another county and notified the Prosecutor's office in the
county where the bail was posted. Though not much effort was
expended, the surety's efforts were effective in recapturing
defendant and were reasonable under the circumstances. As a
result, the surety's efforts were substantial for the purpose of
applying the appropriate Guideline.
