1. Applicable Statutes

Montana Code Title 46 Criminal Procedure, Chapter 9: Bail, Part 5: Conditions and Violations

Montana Code Title 33 Insurance, Chapter 17: Insurance Producers, Part 2: Licensing and Appointment of Insurance Producers

2. Licensing Requirements

Montana does not have specific licensing provisions for bail agents. The following requirements apply to insurance agents in general. [MC 33-17-211]

An insurance agent must comply with the following for licensure:

• Be 18 years of age or older;
• Have not committed an act that is a ground for refusal, suspension, or revocation as set forth in 33-17-1001;
• Pay the license fees stated in 33-2-708;
• Successfully pass the examinations for each kind of insurance for which the individual has applied within 12 months of application;
• Be a resident of this state or of another state that grants similar privileges to residents of this state. Licenses issued based upon Montana state residency terminate if the licensee relocates to another state.
• Be competent, trustworthy, and of good reputation;
• Have experience or training or otherwise is qualified in the kind or kinds of insurance for which the applicant applies to be licensed and is reasonably familiar with the provisions of this code that govern the applicant's operations as an insurance producer;
• Complete applicable continuing education requirements depending upon number of lines of insurance each agents is licensed for

3. Notice of Forfeiture

If a defendant fails to appear before a court as required and bail has been posted, the judge may declare the bail forfeited. Notice of the order of forfeiture must be mailed to the defendant and the defendant's sureties at their last-known address within 10 working days or the bond becomes void and must be released and returned to the surety within 5 working days. [MS 46-9-503(1)]

4. Forfeiture to Judgment

• The bond is due if the surety fails to produce the defendant within 90 days from the forfeiture. [MS 46-9-503(2)]

5. Forfeiture Defenses

• If at any time within 90 days after the forfeiture the defendant's sureties surrender the defendant or appear and satisfactorily excuse the defendant's failure to appear, the judge shall direct the forfeiture to be discharged without penalty. [MC 46-9-503(3)]
• If at any time within 90 days after the forfeiture the defendant appears and satisfactorily excuses the defendant's failure to appear, the judge shall direct the forfeiture to be discharged upon terms as may be just. [MC 46-9-503(3)]
• Upon proof of the defendant's death or incarceration or subjection to court-ordered treatment in a foreign jurisdiction, the surety will be exonerated. [MC 46-9-503(4)]

6. Remission

There are no current provisions relating to remission.

7. Bail Agent's Arrest Authority

At any time before the forfeiture of bail or within 90 days after forfeiture, the surety company may arrest the defendant and surrender the defendant to the court, any peace officer, or any detention center facility of this state. [MC 46-9-510].

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Neely. 296 Mont. 557 (1999).

If forfeiture is justified, the court's decision on the amount, if any, of the forfeiture to be discharged must be based on consideration of six factors, as stated in State v. Seybert , 229 Mont. 183 (1987):

• The willfulness of the defendant's violation of bail conditions;
• The surety's participation in locating or apprehending the defendant;
• The cost, inconvenience, and prejudice suffered by the State because of the violation;
• Any intangible costs;
• The public interest in ensuring the defendant's appearance; and
• Any mitigating factors.

In this case, the defendant's failure to appear was willful, but the surety located and produced the defendant within 2 days. But the court found that the District Court did not abuse its discretion in ordering that the forfeited bail bond be used for restitution to the victim.

Siroky v. Richland County , 271 Mont. 67 (1995).

Owner of cash bond used as bail deposit brought suit for conversion of interest earned while bond was deposited with District Court before criminal defendant was exonerated. The lower court entered summary judgment in favor of owner and county appealed. The Supreme Court held that bond remained private property throughout criminal proceedings and, thus, county's retention of interest would violate due process and takings clauses of State Constitution.

City of Helena v. Buck , 247 Mont. 313 (1991).

Bail bondsman sought to have forfeiture of bail discharged. The city court refused to grant discharge. Bondsman filed appeal and alternative application for writ of certiorari. The District Court dismissed appeal and alternative application. Bail bondsman appealed. The Supreme Court held that: (1) there was no right of appeal from city court show cause hearing on whether forfeiture of bail should be discharged, and (2) certiorari was proper remedy.

Affirmed in part, and reversed and remanded in part.

10. Bounty Hunter Provisions

There are currently no provisions relating to bounty hunters.