1. Applicable Statutes

Nevada Revised Statutes, Title 57: Insurance, Chapter 697: Businesses Related to Bail

Nevada Revised Statutes, Title 14: Procedure in Criminal Cases, Chapter 178, Bail.

The regulatory body is the Department of Insurance.

2. Licensing Requirements

Bail Agents must comply with the following for licensure:

[N.R.S. 697.150]

• Be a resident of Nevada and have resided in this state for not less than 1 year immediately preceding the date of the application for the license.
• Be a natural person not less than 18 years of age.
• Have been appointed as a bail agent by an authorized surety insurer, subject to the issuance of the license.
• Be competent, trustworthy and financially responsible.
• Pass any written examination required
• File the bond required by NRS 697.190. (See Section 8)
• Have, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is:
• Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and
• Approved by the commissioner.
• Not have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any crime involving moral turpitude.
• Submit a letter from a local law enforcement agency in the applicant's county of residence which indicates that the applicant has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

3. Notice of Forfeiture

If the defendant fails to appear, the court shall

• Enter upon its minutes that the defendant failed to appear;
• Not later than 45 days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and
• If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if he is not the defendant, be given notice that the defendant has failed to appear, by certified mail within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.

[N.R.S. 178.508]

4. Forfeiture to Judgment

The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed.

The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:

• An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.
• An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:
• Is ill;
• Is insane; or
• Is being detained by civil or military authorities,

and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant. [N.R.S. 178.508]

5. Defenses to Forfeiture

If the defendant fails to appear, the court shall not exonerate the surety before the date of forfeiture prescribed in NRS 178.508 unless:

The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or

The surety submits an application for exoneration on the ground that the defendant is unable to appear because the defendant:

• Is dead;
• Is ill;
• Is insane;
• Is being detained by civil or military authorities; or
• Has been deported,

and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.

If the above requirements are met, the court may exonerate the surety upon such terms as may be just. [N.R.S. 178.509]

6. Remission

The court shall not set aside a forfeiture unless the surety submits an application to set it aside on the ground that the defendant:

• Has appeared before the court since the date of the forfeiture and has presented:
• A satisfactory excuse for his absence; or
• Satisfactory evidence that the surety did not in any way cause or aid the absence of the defendant;
• Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;
• Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date;
• Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date; or
• Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,

and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and the court determines that justice does not require the enforcement of the forfeiture.

[N.R.S. 178.512]

7. Bail Agent's Arrest Authority

For the purpose of surrendering a defendant, a surety, at any time before the surety is finally discharged, and at any place within this state, may, by written authorization for the arrest of the defendant attached to a copy of the undertaking; or a written authority endorsed on a certified copy of the undertaking, cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS. [N.R.S. 178.526]

After apprehending a defendant in this state, a bail agent or bail enforcement agent shall immediately or without undue delay notify in person or by telephone the local law enforcement agency of the jurisdiction in which the defendant was apprehended of:

• The identity of the defendant;
• The identity of the bail agent or bail enforcement agent; and
• Where the bail agent or bail enforcement agent is taking the defendant to surrender him into custody.

Before forcibly entering an inhabited dwelling in this state, a bail agent or bail enforcement agent shall notify the local law enforcement agency of the jurisdiction in which the dwelling is located. [N.R.S. 697.325]

8. Other Noteworthy Provisions

Each applicant for a license as a bail agent, bail solicitor or general agent must file with the application, and thereafter maintain in force while so licensed, a bond in favor of the people of the State of Nevada executed by an authorized surety insurer. The bond may be continuous in form with total aggregate liability limited to payment as follows:

(a) Bail agent .................................................... $25,000

(b) Bail solicitor ................................................. 10,000

(c) General agent .................................................. 50,000

The bond must be conditioned upon full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensee's possession through bail bond transactions under the license. The bond must remain in force until released by the commissioner, or canceled by the surety. Without prejudice to any liability previously incurred under the bond, the surety may cancel the bond upon 30 days' advance written notice to the licensee and the commissioner.

[N.R.S. 697.190]

9. Noteworthy Appellate Decisions

All Star Bonding v. State , 119 Nev. 47 (2003).

A criminal defendant failed to appear at his sentencing and the Court ordered the bail bond forfeited. The insurance company appealed. The surety argued that the bond contract was void and of no legal effect because it expressly limited the agreement to one year and more than one year had passed since undertaking the bond. The Supreme Court held that the term expressly limiting effect of agreement to one year was enforceable, and therefore the bond had expired by the time the defendant failed to appear at his sentencing hearing. The lower court's decision forfeiting the bond was reversed.

State v. American Bankers Ins. Co., 782 P.2d 1316 ( Nev. , 1989).

A defendant failed to appear, but the state didn't move to forfeit the bond until over two years later. Once the state initiated forfeiture proceedings, the surety objected, claiming that the two-year statute of limitations on forfeitures had expired. The District Court ruled for the surety and refused to enforce the forfeiture. The Supreme Court reversed, holding that the six-year statute of limitations on contract actions was the applicable standard.

10. Bounty Hunter Provisions

Bounty Hunters in Nevada are called “bail enforcement agents.” "Bail enforcement agent" means a person who has contracted with or is employed by a surety or bail agent as a special agent to enforce the terms and conditions of a defendant's release from custody on bail in a criminal proceeding, to locate a defendant and to apprehend a defendant or surrender a defendant to custody, or both, if appropriate. [N.R.S. 697.055]

Bail enforcement agents must comply with the following for licensure:

[N.R.S. 697.173]

• Be a natural person not less than 21 years of age.
• Be a citizen of the United States or lawfully entitled to remain and work in the United States .
• Have a high school diploma or a general equivalency diploma or have an equivalent education as determined by the commissioner.
• Submit to the commissioner a report of an investigation of his criminal history from the central repository for Nevada records of criminal history which indicates that he possesses the qualifications for licensure as a bail enforcement agent.
• Submit to the commissioner the results of an examination conducted by a psychiatrist or psychologist licensed to practice in this state which indicates that he does not suffer from a psychological condition that would adversely affect his ability to carry out his duties as a bail enforcement agent.
• Pass a written examination.
• Submit to the commissioner the results of a test to detect the presence of a controlled substance in his system that was administered no earlier than 30 days before the date of the application for the license which does not indicate the presence of any controlled substance for which he does not possess a current and lawful prescription issued in his name.
• Successfully completes the training required by NRS 697.177.
• Submit a letter from a local law enforcement agency in the applicant's county of residence which indicates that the applicant has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.
• Not have been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state.
• Not have been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

[N.R.S. 697.177]

An applicant for a license as a bail enforcement agent must satisfactorily complete a basic course of training for bail enforcement agents that is approved by the commissioner. The basic course of training must consist of at least 80 hours of training which includes instruction in:

• The following areas of the law:
• Constitutional law;
• Procedures for arresting defendants and surrendering defendants into custody;
• Civil liability;
• The civil rights of persons who are detained in custody;
• The use of force; and
• The history and principles of bail;
• Procedures for field operations, including, without limitation:
• Safety and survival techniques;
• Searching buildings;
• Handling persons who are mentally ill or under the influence of alcohol or a controlled substance; and
• The care and custody of prisoners;
• The skills required of bail enforcement agents, including, without limitation:
• Writing reports, completing forms and procedures for exoneration;
• Methods of arrest;
• Nonlethal weapons;
• The retention of weapons;
• Qualifications for the use of firearms; and
• Defensive tactics;
• Principles of investigation, including, without limitation:
• The basic principles of locating defendants who have not complied with the terms and conditions established by a court for their release from custody or the terms and conditions of a contract entered into with a surety; and
• Ethics; and
• The following subjects:
• Demeanor in a courtroom;
• First aid used in emergencies; and
• Cardiopulmonary resuscitation.

An applicant may complete the 80 hours of training required by this subsection by completing 16 hours of training each weekend for 5 weeks.

In lieu of completing the basic course of training, an applicant may submit proof to the commissioner that he has completed a course of training required by a municipal, state or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer.

An applicant for a license as a bail enforcement agent must complete the training required by this section within 9 months after the date he is employed by a bail agent as a bail enforcement agent. The commissioner shall issue a temporary license to an applicant who has not completed the training if he is otherwise qualified to be issued a license as a bail enforcement agent. The temporary license authorizes the person to whom it is issued to act as a bail enforcement agent while employed by a licensed bail agent, is valid for 9 months or until the person to whom it is issued completes the training required by this section, whichever occurs first, and may not be renewed.