Every person surrendered in exoneration of the person’s bail shall be kept in safe custody until the person shall satisfy the judgment rendered against the person or be discharged according to law.
818.22.Custody of principal.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.22 requires that anyone surrendered to relieve their bail be held in safe custody until they satisfy the judgment against them or are discharged according to law.
Full Text of Section 818.22
Plain-English Summary
Section 818.22 addresses what happens to a defendant after a surrender under the sections that precede it. Once surrendered in exoneration of their bail, the person must be kept in safe custody, not set free.
Custody continues until one of two things happens: the person satisfies the judgment rendered against them, or the person is discharged according to law by some other lawful means. Until then, custody stands as the security that replaces the bail bond.
This section protects both sides of the bargain built into this chapter. The plaintiff keeps a real security interest in the defendant’s person, since the defendant does not walk free after being surrendered, while the defendant knows exactly what conditions will bring the custody to an end.
Frequently Asked Questions
What happens to a defendant surrendered by their sureties?
The defendant is kept in safe custody, rather than being released.
How does a surrendered defendant get out of custody?
By satisfying the judgment rendered against the defendant, or by being discharged according to law.
Does surrender mean the defendant goes free?
No, surrender leads to safe custody, the opposite of release, until the judgment is satisfied or a lawful discharge occurs.
Does this section set a time limit on that custody?
No, the section does not set a fixed time limit; custody continues until the judgment is satisfied or the person is discharged according to law.
Who holds the surrendered defendant in custody?
The sheriff, consistent with the requirement in the surrender section that the sheriff detain the surrendered person as upon an order of arrest.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.22; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.22; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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