Guam § 40 - Procedure for Handling Cash Bail.

§ 40. Procedure for Handling Cash Bail.

Any deposit required or authorized as a condition of release

may be made by the person released or by any other person. A

receipt shall be issued in the name of the depositor. If the money

remains on deposit at the time of a judgment for the payment of

a fine, the clerk shall, under the direction of the court, if the

defendant be the depositor, apply the money in satisfaction

thereof, and after satisfying the fine, shall refund the surplus, if

any, to the defendant. If the person to whom the receipt for the

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deposit was issued was not the defendant, the deposit shall be

returned to him at any time after the court has ordered such

return and upon the depositor's submission of his receipt.

NOTE: Section 40.40 continues the substance of former § 1297 but also

authorized and provides for the disposition of a deposit made on behalf of

the defendant by a third person. Compare Cal. Pen. Code §§ 1295, 1297.

Return may be ordered under various circumstances. See § 40.45

(exoneration by surrender of the person released); 40.95 (order setting

aside forfeiture of requiring remission); 120.18 (order following acquittal

of the defendant).