What if the defendant requests to move from one place of incarceration to another?

• A. The bondsman may unilaterally approve the transfer
• B. The defendant must request through the clerk
• C. The bondsman and the payor must have agreed in writing that the purpose of the bond is to secure the transfer and the defendant is transferred to that jurisdiction
• D. The judge must issue a transfer order

Answer: (C)

The situation hinges on how a bail bond is adjusted when a defendant needs to move to another jurisdiction. For a transfer to occur, there must be a written agreement between the bondsman and the payor. This agreement should state that the purpose of the bond is to secure the transfer and that the defendant is being transferred to the new jurisdiction. This is a contractual change: the bondsman takes on liability in the new location only with the payor’s written consent, ensuring the bond remains enforceable under the new conditions.

Unilateral action by the bondsman isn’t allowed because it swaps liability and terms without the payor’s assent. A clerk isn’t the authority to authorize such a transfer, and a judge isn’t issuing a transfer order in this context—the modification comes from a mutual written agreement that realigns the bond to the new jurisdiction.