1. WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL.

2. (Pending Legislation) 2000 New Jersey Assembly Bill No. 341, New Jersey 209th Legislature.

*** NJ’s statutes currently do not contain regulations for regarding the licensing of bail bond recovery or bail enforcement agents. However, the bill listed below details a number of licensing requirements and other provisions proposed for "Bail Runners." ***

1. 2000 New Jersey Assembly Bill No. 341, New Jersey 209th Legislature 

ASSEMBLY, No. 341

STATE OF NEW JERSEY

209th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION

Sponsored by:

Assemblyman PETER J. BARNES, JR.

Assemblyman MICHAEL PATRICK CARROLL

Co-Sponsored by:

Assemblyman Augustine, Assemblywomen Friscia and Buono

VERSION: Introduced January 11, 2000

Barnes

• This bill would require bail runners to be licensed as private detectives. The bill defines "bail runner" to be any person who works for a bail bond agent either as an employee or agent by assisting the bail bond agent in presenting a criminal defendant in court; in apprehending a criminal defendant or in keeping a defendant under surveillance.

• The bill requires that a bail runner undergo a criminal history check, be at least 25 years of age, and have five years' experience in an investigative or law enforcement position. The bill authorizes the Superintendent of State Police to require additional education and experience for bail runners as the superintendent deems necessary.

• The bill also authorizes the superintendent to set fees for both the licensing of bail runners and for all other licensees under the "The Private Detective Act of 1939" and increases the insurance requirement for private detectives and bail runners to at least $100,000 of liability coverage.

• Definitions:

• <<+ (g) "Bail bond agent" means a person who pledges United States currency, United States postal money orders, or cashier's checks as security for a bail bond in connection with a judicial proceeding and receives or is promised there for money or other things of value. +>>

• <<+ (h) Bail runner" means a person who works for a bail bond agent, either as an employee or an agent, to assist the bail bond agent in presenting a defendant in court when required or to assist in the apprehension and surrender of the defendant to the court or to assist in keeping the defendant under necessary surveillance. +>>

• Section 3 of P.L.1939, c.369 (C.45:19-10) is amended to read as follows:

• <<+ No person shall act as a bail runner without being duly licensed as a private detective under P.L.1939, c.369 (C.45:19-8 et seq.) and meeting such other educational and experience requirements as are deemed necessary by the superintendent. +>> Any person, firm, association or corporation who shall violate any of the provisions of this section shall be guilty of a <<- misdemeanor ->>

• No license shall be issued to a person under the age of 25 years, nor to any person, firm, association or corporation unless such person or at least one member of the firm and one officer or director of the association or corporation has had at least 5 years' experience as an investigator or as a police officer with an organized police department of the State or a county or municipality thereof, or with an investigative agency of the United States of America or any State, county or municipality thereof.

• No person shall be employed by any holder of a license until he shall have executed and furnished to such license holder a verified statement, to be known as "employee's statement," setting forth:

(a) His full name, age, residence address, and place of and date of birth.

(b) The country of which he is a citizen.

(c) The business or occupation engaged in for the five years immediately preceding the date of the filing of the statement, setting forth the place or places where such business or occupation was engaged in, and the name or names of employers, if any.

(d) That he has not been convicted of a <<- high misdemeanor ->> <<+ crime +>> or of any offense involving moral turpitude or of any of the <<- misdemeanors or ->> <<+ offenses +>> described in this section.

(e) Such further information as the superintendent may by rule require to show the good character, competency, and integrity of the person executing the statement.

1. WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL  3:26-6. Forfeiture

• (a) Declaration; Notice. Upon breach of a condition of a recognizance, the court on its own motion shall order forfeiture of the bail, and the criminal division manager shall forthwith send notice of the forfeiture to county counsel, the defendant, and the surety. The notice shall direct that judgment will be entered as to any outstanding bail absent a written objection seeking to set aside the forfeiture, which must be filed within 45 days of the date of the notice.

1. WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture

• (c) When a forfeiture is not set aside or satisfied, the court shall, upon expiration of the 45 days provided for in paragraph (a), summarily enter a judgment of default for any outstanding bail and execution may issue thereon.

1. WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture

• (b) Setting Aside. The court may direct that a forfeiture be set aside if its enforcement is not required in the interest of justice upon such conditions as it imposes.

B. 3:26-7. Exoneration

• When the condition of the recognizance has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surrender of the defendant into custody.

1. WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture

• (c) After entry of forfeiture judgment, the court may remit it in whole or in part in the interest of justice.

1. NEW JERSEY STATUTES ANNOTATED TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE SUBTITLE 11. CRIMINAL PROCEDURE CHAPTER 160. EXTRADITION ARTICLE 2. UNIFORM CRIMINAL EXTRADITION LAW B. EXTRADITION FROM THIS STATE INTO OTHER STATES

2A:160-26. Forfeiture of bail; arrest of accused without warrant; recovery on bail bond

• If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
  

1. NEW JERSEY STATUTES ANNOTATED TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE SUBTITLE 11. CRIMINAL PROCEDURE CHAPTER 162. BAIL AND RECOGNIZANCES 2A:162-8. Return of amounts paid on forfeited recognizances

• When any court which has ordered or shall order the forfeiture of a recognizance, the amount whereof has been or shall be paid into the county treasury of any county in accordance with law, shall thereafter, in its discretion, order the return of the moneys so paid upon the forfeited recognizance, the treasurer of the county shall thereupon repay the amount of such recognizance, less the taxed costs on the proceedings to forfeit the same, to the recognizor or recognizors or the personal representatives of any deceased recognizor, who shall have paid the same into the county treasury. Application for a return of moneys so paid shall be made to the court within 4 years after the recognizance shall have been declared forfeited.

1. Superior Court of New Jersey,

Appellate Division.

STATE of New Jersey, Plaintiff-Respondent,

v.

Anthony KORECKY, Defendant.

Lucky 7 Bail Bonds, Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Anthony Korecky, Defendant.

Ranger Insurance Company, Appellant.

Submitted July 5, 2000.

Decided July 14, 2000.

• State sought forfeiture of $100,000 surety bond issued by bail bondsman and surety, based on defendant's violation of "no contact" provision of his recognizance. The Superior Court, Law Division, Ocean County, forfeited to State $50,000 from the bond. Bondsman and surety appealed. The Superior Court, Appellate Division, Kimmelman, J.A.D., held that trial court properly revoked bail for violation of "no contact" provision, but erred in ordering a forfeiture.  Reversed and remanded.

2. Superior Court of New Jersey,

Appellate Division.

STATE of New Jersey (COUNTY OF BERGEN), Plaintiff-Respondent,

v.

Roni POLANCA, a/k/a Andy Rivera, Defendant,

and

International Fidelity Insurance Company, as Surety, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Dennis Kasey, Defendant,

and

International Fidelity Insurance Company, as Surety, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Fidel Bravo, Defendant,

and

International Fidelity Insurance Company, as Surety, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Jose O. Rodriguez, Defendant,

and

International Fidelity Insurance Company, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Valeria Rodriguez, Defendant,

and

International Fidelity Insurance Company, Defendant-Appellant.

Argued May 16, 2000.

Decided June 7, 2000.

• After five criminal defendants failed to appear as required, the Superior Court, Law Division, Bergen, Passaic, and Monmouth Counties, entered judgments of forfeiture against corporate surety that posted bonds to ensure defendants' presence. Surety appealed. The Superior Court, Appellate Division, Muir, Jr., P.J.A.D., held that rule governing forfeiture did not violate surety's procedural due process rights.  Affirmed.

3. Superior Court of New Jersey,

Appellate Division.

STATE of New Jersey, Plaintiff-Respondent,

v.

Daniel MERCADO, Defendant,

and

Allegheny Mutual Casualty Company, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Ismael Garcia, Defendant,

and

Allegheny Mutual Casualty Company, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

John Torres, Defendant,

and

Allegheny Mutual Casualty Company, Defendant-Appellant.

Argued Feb. 8, 2000.

Decided March 24, 2000.

• County sought forfeiture of recognizance bonds after the defendants were rearrested without any action by the surety. The Superior Court, Law Division, Camden County, ordered forfeiture of ninety percent of the bonds. Surety appealed. The Superior Court, Skillman, P.J.A.D., held that: (1) forfeiture was permissible, even though the defendants had been rearrested and the county failed to present any evidence that the prosecution was prejudiced as a result of the defendants' failures to appear or that the state incurred any added expense, and (2) the surety had the burden of proving that it satisfied its obligations.   Affirmed.

4. State v. American Banking Ins. Co. of Florida

263 N.J.Super. 124, 622 A.2d 261 (A.D.1993)

• It was not inequitable for bail bondsman to lose not only $100,000 put up in form of bond because defendant failed to make court appearance, but also security interest in property because of forfeiture of property to government, absent basis for exception to forfeiture.

244 N.J.Super. 86

581 A.2d 883 (A.D.1990).

• It is inappropriate to adopt per se rule prohibiting any remission of bail forfeiture in circumstances where defendant cannot be returned to jurisdiction because of deportation, particularly if indictment was dismissed for reasons not related to defendant's nonappearance; among factors to be considered in determining equities of situation include efforts of State, defendant, and surety to return defendant to jurisdiction.

• At this time, there appear to be no specific regulations for "Bounty Hunters" in the New Jersey statutes.

 

 

 

1. Applicable Statutes

 

West's New Jersey Rules of Court Part III. Rules governing Criminal Practice. Chapter VI. Supplementary and Special Proceedings, Rule 3:26. Bail.

New Jersey Statutes Annotated, Title 17. Corporations and Institutions for Finance and Insurance, Subtitle 3. Insurance Part 1. Insurance Companies Generally, Chapter 31. Surety Bonds

 

New Jersey Statutes Annotated, Title 2A. Administration of Civil and Criminal Justice. Subtitle 11: Criminal Procedure. Chapter 162: Bail and Recognizances.

 

New Jersey Statutes Annotated, Title 2A. Administration of Civil and Criminal Justice. Subtitle 11: Criminal Procedure. Chapter 160: Extradition.

 

The Regulatory Body is the Commissioner of Banking and Insurance

 

 

2. Licensing Requirements

 

While there are no requirements for bail agents, New Jersey does require the following of surety companies: [N.J.S.A. 17:31-1]

 

• A surety company shall register with the Clerk of the Superior Court the name and address of each bail agent or agency authorized by the surety company to write bail.
• The surety company shall provide written notice to the Clerk of the Superior Court when any bail agent or agency authorized to write bail is terminated or is no longer authorized by the surety company to write bail.
• The surety company shall disclose the name and address of any bail agent or agency that has provided a guarantee to the surety company for the satisfaction of any forfeited bail or bail forfeiture judgments entered against that surety company written by such bail agent or agency. The registration and disclosure shall include a certification by each listed bail agent or agency stating that the information provided is true and accurate.

 

 

3. Notice of Forfeiture

 

Upon failure to appear, the court shall order forfeiture of the bail and issue notice via ordinary mail to the defendant, county counsel, the surety or insurer and the bail agent or agency whose name appears on the bond.

 

The notice shall also advise the insurer that if it fails to satisfy a judgment entered, and until satisfaction is made, it shall be removed from the Bail Registry and its bail agents and agencies, guarantors, and other persons or entities authorized to administer or manage its bail bond business in this State will have no further authority to act for it, and their names, as acting for the insurer, will be removed from the Bail Registry. [N.J. R CR R. 3:26-6]

 

 

4. Forfeiture to Judgment

 

The defendant or agent shall have 75 days from the date of the notice to file a written objection to the forfeiture before a judgment is entered. [N.J. R CR R. 3:26-6]

 

 

5. Defenses to Forfeiture

 

The court may, either before or after the entry of judgment, direct that an order of forfeiture or judgment be set aside, in whole or in part, if its enforcement is not required in the interest of justice upon such conditions as it imposes. [N.J. R CR R. 3:26-6]

 

 

6. Remission

 

When a forfeiture is not set aside or satisfied, the court shall, upon expiration of 75 days, summarily enter a judgment of default for any outstanding bail and execution may issue thereon. After entry of such judgment, the court may remit it in whole or in part in the interest of justice. [N.J. R CR R. 3:26-6]

 

 

7. Bail Agent's Arrest Authority

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state. See [N.J.S.A. 2A:160-26.]

 

 

8. Other Noteworthy Provisions

 

When a forfeiture or judgment is set aside by the court, the treasurer of the county shall repay the amount of the bond less the taxed costs on the proceedings. Application for a return of moneys so paid shall be made to the court within 4 years after the recognizance shall have been declared forfeited.

[N.J.S.A. 2A: 162-8]

 

 

9. Noteworthy Appellate Decisions

New Jersey v. Anthony Korecky , 169 N.J. 364 (N.J. 2001)

 

State sought forfeiture of $100,000 surety bond issued by bail bondsman and surety, based on defendant's violation of "no contact" provision of his recognizance. The Superior Court forfeited to State $50,000 from the bond. Bondsman and surety appealed. The Superior Court held that trial court properly revoked bail for violation of "no contact" provision, finding that a forfeiture can be ordered for violation of other bail terms, not solely for non-appearance.

 

New Jersey County of Bergen v. Polanca and International Fidelity Insurance Company, et al. 753 A.2d 1170 (N.J. Super. 2000) ( cert denied , October 18, 2001).

 

After five criminal defendants failed to appear as required, the court entered forfeiture against the sureties. The sureties appealed and claimed that the rules regarding forfeitures violated their due process rights. The lower court held that rule governing forfeiture did not violate surety's procedural due process rights. The Superior Court affirmed, holding that since the surety was entitled to both a pre and post-deprivation hearing and opportunity for remission, that the rules were constitutional.

 

State v. Mercado and Allegheny Casualty Company , 329 N.J.Super. 265 (N.J. Super 2000).

In three separate criminal cases, the defendants failed to appear and bonds were forfeited. All three defendants were rearrested. Allegheny Casualty took no action after notice of the forfeitures. The Superior Court ordered forfeiture of ninety percent of the bonds. Surety appealed. The Superior Court held that: (1) forfeiture was permissible, even though the defendants had been rearrested and the county failed to present any evidence that the prosecution was prejudiced as a result of the defendants' failures to appear or that the state incurred any added expense, and (2) the surety had the burden of proving that it satisfied its obligations. The decision was affirmed.

 

State v. American Banking Ins. Co. of Florida , 622 A.2d 261 (N.J. Super. A.D.1993)

It was not inequitable for bail bondsman to lose not only $100,000 put up in form of bond because defendant failed to make court appearance, but also security interest in property because of forfeiture of property to government, absent basis for exception to forfeiture.

 

State v. Poon , 581 A.2d 883 (N.J. Super. A.D.1990).

It is inappropriate to adopt per se rule prohibiting any remission of bail forfeiture in circumstances where defendant cannot be returned to jurisdiction because of deportation, particularly if indictment was dismissed for reasons not related to defendant's nonappearance; among factors to be considered in determining equities of situation include efforts of State, defendant, and surety to return defendant to jurisdiction.

 

 

10. Bounty Hunter Provisions

 

A statute enacted on January 12, 2006 requires bounty hunters to be licensed and regulated by the Superintendent of the Division of State Police, Department of Law and Public Safety. Bounty hunters operational five years (5) before enactment are exempt from the licensing requirement.

 

Requirements/qualifications for a license are:

 

-at least 25 years old.

 

-five (5) years experience as a law enforcement officer or licensed PI with five (5) years experience.

 

-five references from reputable citizens who have known applicant for at least three (3) years.

 

-submit to fingerprinting and criminal history background check.

 

-no convictions on felonies and certain misdemeanors.

 

-Superintendent oversees training and certification thereof.

 

-application fee and posting of bond.

 

-license renewable every two years.

 

-identification card issued.