Release from conditions when charges not filed in specified time period.

(1) If a prosecuting attorney does not file an information, indictment, or a request to extend time under Subsection (2), within 120 days after the day on which a county jail official released the individual on a financial condition under Section 77-20-203 or within 120 days after the day on which a temporary pretrial status order was issued for the individual: (a) the individual shall be relieved from any condition of pretrial release; (b) the court shall refund any monetary bail in accordance with Subsection 77-20-402(5); and (c) if a bail bond was used to post monetary bail, the bail bond shall be exonerated without further order of the court. (2) A request to extend time shall: (a) be served on: (i) the individual and the individual's attorney; and (ii) if a bail bond was used to post monetary bail, the surety; and (b) except as provided in Subsection (3), be granted for a period of up to 60 days. (3) The magistrate may grant a request to extend time for a period of up to 120 days upon a showing of good cause. (4) Nothing in this section prohibits the filing of charges against an individual at any time.