1. Applicable Statutes

Connecticut Revised Statutes Title 38: Insurance, Chapter 700f: Bail bond Insurance

Connecticut Revised Statutes Title 54: Criminal Procedure: Chapter 960: Bail

Connecticut Revised Statutes Title 29: Police and Public Safety: Chapter 533 Bail Enforcement Agents

2. Licensing Requirements

"Surety bail bond agent" means any person who has been approved by the commissioner and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings.

Surety Bond Agents must comply with the following for licensure: [C.R.S. § 38a-660]

• Be at least 18 years old and a citizen of the United States
• Furnish proof that the applicant has never been convicted of a felony or any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d.
• Submit to criminal background investigation
• Submit an application form to the commissioner including 2 recent photographs and a complete set of fingerprints
• File with the commissioner a notice of appointment executed by an insurer or its authorized representative authorizing such applicant to execute undertakings of bail and to solicit and negotiate such undertakings on its behalf.
• Take a written examination testing the applicant's competency and qualifications to act as a surety bail bond agent. Applicant must pay examination fee.

The regulatory body is the Department of Insurance.

3. Notice of Forfeiture

When a defendant fails to appear, the court shall provide written notice to the insurer but not to the surety bail bond agent. [C.R.S. § 54-65a]

4. Forfeiture to Judgment

The court will order a stay of execution upon the forfeiture for six months. [C.R.S. § 54-65a]

5. Forfeiture Defenses

When the principal whose bond has been forfeited is returned to custody pursuant to the re-arrest warrant or a capias within six months of the date of the forfeiture, the bond shall be automatically terminated and the surety released and the court shall order new conditions of release for the defendant in accordance with section 54-64a. [C.R.S. § 54-65a]

When the principal whose bond has been forfeited returns to court voluntarily within five business days of the date such bond was ordered forfeited, the court may, in its discretion, and after finding that the defendant's failure to appear was not willful, vacate the forfeiture order and reinstate the bond. Such stay of execution shall not prevent the issuance of a re-arrest warrant or a capias. [C.R.S. § 54-65a]

6. Remission

Whenever an arrested person, whose bond has been forfeited, is returned to the jurisdiction of the court within one year of the date such bond was ordered forfeited, the surety on such bond shall be entitled to a rebate of that portion of the forfeited amount as may be fixed by the court or as may be established by a schedule adopted by rule of the judges of the court. [C.R.S. § 54-65a]

7. Bail Agent's Arrest Authority

Bail agents have the authority to arrest defendants for the purpose of surrendering them. Prior to taking or attempting to take into custody the principal on a bond, a surety bail agent must notify the police department or resident state trooper for the municipality in which the principal is believed to be located. [C.R.S. § 29-152k]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Nugent, 508 A.2d 728 ( Conn. 1986)

Defendant was a professional bail bond agent whose principal failed to appear. Defendant apprehended his principal and brought him to the police, where defendant was arrested for kidnapping. The Supreme Court of Connecticut court set aside the judgment entered upon defendant's conviction for kidnapping. Defendant was an authorized agent of the bonding company and his principal failed to appear in court according to the terms of his bail bond. Defendant had an existing common law right to seize him and return him to the custody of the court. The trial court erred when it instructed the jury that defendant had no authority to arrest.

10. Bounty Hunter Provisions

Bail enforcement agents must be licensed and comply with the following: [C.R.S.Sec. 29-152f.]

• Submit an application containing the applicant's full name, age, date and place of birth, residence and occupation
• Provide a statement under oath of whether the applicant has been charged with or convicted of crime,
• Submit to fingerprinting, photographing and criminal background check
• Complete at least 20 hours of classes on the criminal justice system
• Pay $100 license fee

No person who has been convicted of a felony or any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d, shall be licensed to do business as a bail enforcement agent in this state.

No person engaged in law enforcement or vested with police powers shall be licensed to do business as a bail enforcement agent.

Prior to taking or attempting to take into custody the principal on a bond, a professional bondsman, bail agent or bail enforcement agent shall notify the police department or resident state trooper for, or state police troop having jurisdiction over, the municipality in which the principal is believed to be located of such bondsman's or agent's intentions.

No professional bondsman, surety bail bond agent of bail enforcement agent shall wear, carry or display any uniform, badge, shield or other insignia or emblems that purport to indicate that such bondsman or agent is an employee, officer or agent of the state or any political subdivision of the state or of the federal government.

No professional bondsman, surety bail bond agent or bail enforcement agent shall carry a firearm in the course of business unless the agent obtains a permit from the Public Safety Commissioner.