1. Applicable Statutes:

Colorado Revised Statutes Title 12: Professions and Occupations General, Article 7: Bail Bonding Agent

Colorado Revised Statutes Title 16: Criminal Proceedings Code of Criminal Procedure, Article 4: Release from Custody Pending Final Adjudication, Part 1: Release on Bail

Colorado Revised Statutes Title 13: Courts and Court Procedure, Chapter 30: Colorado Municipal Court Rules of Procedure Rule 246, Bail.

The Insurance Division of the Department of Regulatory Agencies (DORA) is the regulatory body.

Local Courts are permitted to establish their own “board systems” for the recording and dissemination of the names of those compensated sureties who are prohibited from posting bail bonds in the state due to an unpaid judgment as set forth in this section.

2. Licensing Requirements for Agents.

No person can qualify to be a bail bonding agent in Colorado unless such person is a licensed insurance producer appointed to represent an insurance company or is a licensed, professional cash bail agent.

A bail bonding agent must comply with the following for licensure: [C.R.S. 12-7-103]

• Inform the Insurance Division whether the applicant has been convicted of a felony, entered a guilty plea to a felony, accepted a plea of nolo contendere to a felony, or engaged in or committed an act described in section 12-7-106 (1) during the previous ten years;
• Provide and pay for a full-face photograph and other identifying information
• Submit to and pay for fingerprinting and background check
• Complete pre-licensure education course and bail recovery training course. [C.R.S. 12-7-102.5]
• Submit a report to the division each year on November 1, detailing the bonding activity committed by the agent during the previous year. [C.R.S. 12-7-105]

3. Notice of Forfeiture [C.R.S. 16-4-112]

• Notice of the bail forfeiture order shall be served on the bonding agent by certified mail and on the bail insurance company by regular mail within ten days after the entry of said forfeiture. If the compensated surety on the bond is a cash bonding agent, only the cash bonding agent shall be notified of the forfeiture.
• Service of notice of the bail forfeiture on the defendant is not required.
• A surety may request a hearing to show cause within 15 days of receipt of the notice of forfeiture.

4. Forfeiture to Judgment: [C.R.S. 16-4-112]

• Upon expiration of thirty days after the entry of forfeiture, the court shall enter judgment for the state against the compensated surety if the compensated surety did not request within fifteen days after receipt of notice of such forfeiture a hearing to show cause.

5. Forfeiture Defenses [C.R.S. 16-4-108]

• The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.
• Any person executing a bail bond as principal or as surety shall be exonerated as follows:

•  When the condition of the bond has been satisfied; or

•  When the amount of the forfeiture has been paid; or

•  When the surety appears and provides satisfactory evidence to the court that the defendant is unable to appear before the court due to such defendant's death or incarceration in a foreign jurisdiction if the defendant is incarcerated for a period in excess of ninety days and the state of Colorado has refused to extradite such defendant; except that, if the state extradites such defendant, all costs associated with such extradition shall be borne by the surety up to the amount of the bond.

•  After three years have elapsed from the posting of the bond, unless a judgment has been entered against the surety or the principal for the forfeiture of the bond, or unless the court grants an extension of the three-year time period for good cause shown, upon motion by the prosecuting attorney.

•  If at any time prior to the entry of judgment, the defendant appears in court, either voluntarily or in custody after surrender or arrest, the court shall on its own motion direct that the bail forfeiture be set aside and the bond exonerated.

•  Upon entry of an order for deferred prosecution or deferred judgment as authorized in sections 18-1.3-101 and 18-1.3-102, C.R.S., sureties upon any bond given for the appearance of the defendant shall be released from liability on such bond.

6. Remission

• If, within one year after payment of the bail forfeiture judgment, the compensated surety effects the apprehension or surrender of the defendant and provides reasonable notice to the court that the defendant is available for extradition, the court shall vacate the judgment and order a remission of the amount paid on the bond less any necessary and actual costs incurred by the state and the sheriff who has actually extradited the defendant. [C.R.S. 16-4-112]

• After entry of a judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture. [C.R.S. 13-30-246(d)4]

7. Bail Agent's Arrest Authority

A bail bond agent may engage in bail recovery services, but must adhere to the finger printing and background check requirements listed under the bounty hunter provisions.

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

People v. Bustamante-Payan , 856 P.2d 42 ( Colo. App. 1993).

In exercising its discretion whether to set aside forfeiture of bail bond for defendant's failure to appear, trial court should consider willfulness of defendant's violation of bail conditions, surety's participation in locating or apprehending defendant, cost, inconvenience and prejudice suffered by state as result of violation, any intangible costs, public interest in ensuring defendant's appearance, and any mitigating factors; these factors encompass principle that generally only acts of God, of the state, or of law will relieve surety from liability.

People v. Mendez, 708 P.2d 126 ( Colo. App. 1985).

Trial court abused its discretion in refusing to vacate its judgment entered for bail bond forfeiture where, after forfeiture, but before judgment, sureties made substantial efforts to locate, seize and surrender defendant to authorities, and defendant was in custody in adjoining county due principally to efforts of sureties, even though he was not physically in custody in county in which judgment was entered.

People v. Schliesser , 563 P.2d 377 (1977).

In exercising its discretion as to whether to order remission of forfeiture of bail bond, trial court may consider whether defendant has been produced within reasonable time after forfeiture, whether People have lost any rights against the defendant, whether the defendant's failure to appear was willful, and whether a forfeiture will subject the surety to an extreme hardship.

People v. Joss , 534 P.2d 358 (1975)

That, after principal failed to appear on bail bond return date, state was more than repaid amount of bond when principal's pickup truck and money, which had been taken into police custody when principal had been arrested for narcotics violations, were confiscated as a public nuisance did not relieve surety of his obligation under bond.

People v. Johnson , 395 P.2d 19 (1964)

Where principal on appearance bond disappears, generally, only basis for remission of bond forfeiture judgment is extreme hardship to surety, such hardship as will cause destitution to family, deprive children of support and education, and creditors of just debt.

10. Bounty Hunter Provisions [C.R.S. 12-7-105.5]

In order to operate as a bounty hunter, and individual must:

• Submit to fingerprinting and a background check
• Not have committed a felony
• Complete training in bail fugitive apprehension not to exceed sixteen hours
• Provide a statement under penalty of perjury that the information they provide is true and complete

Bail bonding agents employing or contracting with bounty hunters must obtain proof of the above requirements.