1. Applicable Statutes

Minnesota Statutes Annotated General Rules of Practice for the District Courts Title VIII. Rules Relating to Criminal Matters: Rule 702. Bail.

Minnesota Statutes Annotated Criminal Procedure Chapter 629. Extradition, detainers, Arrest, Bail, Warrants: Bail Bonds.

The regulatory body for insurance producers is the Department of Commerce.

2. Licensing Requirements

Bail bond agents must obtain a resident insurance producer license, which requires that the applicant:

• Is a resident of Minnesota
• Is at least 18 years of age;
• Has not committed any act that is a ground for denial, suspension, or revocation set forth in section 60K.43, including being convicted of a felony, gross misdemeanor, or misdemeanor involving moral turpitude, including, but not limited to, assault or similar conduct; or having admitted or been found to have committed any insurance unfair trade practice or fraud;
• Has paid the fees set forth in section 60K.55

Bail bondsmen must also apply for and obtain approval from the State Court Administrator's Office. [ Minnesota Rule of General Practice for the District Court, Rule 702]

3. Notice of Forfeiture

Whenever a bail bond is forfeited by a judge, the surety and bondsman shall be notified by the court administrator in writing. A copy of the order of forfeiture shall be forwarded with the notice. [ Minnesota Rule of General Practice for the District Court, Rule 702]

4. Forfeiture to Judgment

Upon notice of forfeiture, the surety and bondsman shall be directed to make payment in accordance with the terms of the bond within ninety (90) days from the date of the order of forfeiture. [ Minnesota Rule of General Practice for the District Court, Rule 702]

5. Forfeiture Defenses

When an action is brought in the name of the state against a principal or surety in a recognizance, the court may forgive or reduce the penalty according to the circumstances of the case and the situation of the party on any terms and conditions it considers just and reasonable. [M.S. § 629.59]

6. Remission

A petition for reinstatement filed within ninety (90) days of the date of the order of forfeiture shall be heard and determined by the judge who ordered the forfeiture, or the chief judge. Reinstatement may be ordered on such terms and conditions as the court may require.

A petition for reinstatement filed between ninety (90) days and one hundred eighty (180) days from date of forfeiture shall be heard and determined by the judge who ordered forfeiture or the judge's successor and reinstatement may be ordered on such terms and conditions as the court may require, but only with the concurrence of the chief judge and upon the condition that a minimum penalty of not less than ten per cent (10%) of the forfeited bail be imposed.

No reinstatement of a forfeited bond or cash bail shall be allowed unless the petition and affidavit are filed within one hundred eighty (180) days from the date of the order of forfeiture.

[ Minnesota Rule of General Practice for the District Court, Rule 702]

7. Bail Agent's Arrest Authority

If a surety believes that a defendant for whom the surety is acting as bonding agent is (1) about to flee, (2) will not appear as required by the defendant's recognizance, or (3) will otherwise not perform the conditions of the recognizance, the surety may arrest or have another person or the sheriff arrest the defendant. [M.S. § 629.63]

8. Other Noteworthy Provisions

A failure to make payment on a forfeited bail within ninety days as above provided shall automatically suspend the surety and its agent from writing further bonds. Such suspension shall apply throughout the State of Minnesota and shall continue for a period of thirty days from the date the principal amount of the bond is deposited in cash with the court administrator.

[ Minnesota Rule of General Practice for the District Court, Rule 702]

9. Noteworthy Appellate Decisions

State v. Brenteson , 2000 WL 1617839 ( Minn. App. 2000)

Appellant Bartsh Bail Bonds posted appearance bonds of $15,000 and $20,000 on behalf of defendants Tina Brenteson and John Howard Rose. The defendants failed to appear, and the district court judge forfeited the bonds. Following the subsequent apprehension of Brenteson and surrender by Rose, appellant made a motion for reinstatement and discharge of the bail. Appellant argued that the district court erred by granting its motion subject to a requirement that it pay penalties of $7,500 and $10,000. The Court of Appeals affirmed because, although appellant returned one defendant and assisted in the return of the other, the defendants acted in bad faith by willfully defaulting on their bail bonds. This conduct is attributable to the bail bond agency as their surety, and therefore the penalties were appropriate.

State v. Williams, 568 N.W.2d 885 ( Minn. App. 1997)

The District Court, Wright County , ordered forfeiture of bail bond and suspended surety, after obligor twice failed to appear in court. Surety appealed. The Court of Appeals held that: (1) trial court did not abuse discretion in ordering forfeiture, even though surety apprehended obligor one time and assisted in his apprehension second time, and (2) suspension for failure to pay forfeited bond was mandatory. Affirmed and motion granted.

State v. Tapia, 468 N.W.2d 342 ( Minn. App. 1997)

In prosecution of bail bondsman for two counts of first-degree burglary, the District Court, Hennepin County , denied bondsman's motion to dismiss for lack of probable cause, and certified question. The Court of Appeals held that bail bondsman lacked authority to forcibly enter private dwelling of third party to arrest principal who had jumped bond on misdemeanor charge.

State v. Cooper, 147 Minn. 272, 180 N.W. 99 (1920)

The county attorney's oral agreement with defendant's attorney that defendant need not appear for trial until after his discharge from the army, entered into without the knowledge or consent, either of the surety on the bail bond or of the court, did not discharge surety's obligation to produce defendant for trial when notified to do so.

10. Bounty Hunter Provisions

Minnesota does not currently have provisions pertaining to bounty hunters.