1. Applicable Statues

North Dakota Century Code Title 26.1: Insurance, Chapter 26.1-26.6 Bail Bondsmen

North Dakota Court Rules Annotated, Rules of Criminal Procedure, General Provisions, Rule 46: Release from Custody

The Regulatory Body is the Department of Insurance.

2. Licensing Requirements

Bail Bondsmen are subject to the general licensing requirements for insurance agents in North Dakota and must comply with the following for licensure: [ ND ST 26.1-26-13.3]

• Be at least eighteen years of age;
• Be competent, trustworthy, financially responsible, and of good personal and business reputation.
• Have not committed any act that is a ground for denial, suspension, or revocation set forth in section 26.1-26-42;
• Have completed, within six months of the filing of the application for licensure, an approved prelicensing course of study for the lines of authority for which the individual has applied;
• Pay the fees set forth in section 26.1-01-07; and
• Have successfully passed the examinations for the lines of authority for which the individual has applied.

3. Notice of Forfeiture

If a defendant fails to appear for a scheduled court appearance, the clerk of court shall notify the bail bond agent. [ ND ST 26.1-26.6-09]

4. Forfeiture to Judgment

If a forfeiture has not been set aside, the court on motion shall enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of any appropriate court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail or send by third-party commercial carrier copies to the obligors at their respective last-known addresses. [ND R RCRP Rule 46]

5. Defenses to Forfeiture

If the bail bond agent returns the defendant to the jurisdiction of the court, the bail bond agent may petition the court for a return of the forfeiture. [ ND ST 26.1-26.6-09]

The court may direct a forfeiture be set aside, upon such conditions as the court may impose, if it appears justice does not require enforcement of the forfeiture. [ND R RCRP Rule 46]

6. Remission

If the bail bond agent returns the defendant to the jurisdiction of the court within six months of receiving notice of the failure to appear, the court shall return at least fifty percent of the forfeiture upon petition by the bail bond agent. If the bail bond agent returns the defendant to the jurisdiction of the court beyond six months of receiving notice of the failure to appear, the court may return the forfeiture upon receipt of a petition from the bail bond agent, less five percent for court costs. [ ND ST 26.1-26.6-09]

7. Bail Agent's Arrest Authority

At any time before there has been a breach of the undertaking in any type of bail provided herein, the surety or bondsman may surrender the defendant, or the defendant may surrender, to the official to whose custody the defendant would have been given had the defendant been committed. The defendant may be surrendered without the return of premium for the bond if the defendant has been guilty of nonpayment of premium, changing address without notifying the bondsman, self-concealment, or leaving the jurisdiction of the court without the permission of the bondsman, or of violating the defendant's contract with the bondsman in any way that does harm to the bondsman, or the surety, or violates the obligation to the court.

For the purpose of surrendering the defendant, the surety may arrest the defendant before the forfeiture of the undertaking, or by written authority endorsed on a certified copy of the undertaking, may empower any peace officer to make arrest, first paying the lawful fees therefor. [ ND ST 26.1-26.6-07]

8. Other Noteworthy Provisions

The following persons or classes may not be bail bondsmen and may not directly or indirectly receive any benefits from the execution of any bail bond: jailers, police officers, committing magistrates, magistrate court judges, sheriffs, deputy sheriffs and constables, or any person having the power to arrest or having anything to do with the control of federal, state, county, or municipal prisoners. A violation of this section is a class B misdemeanor. [ ND ST 26.1-26.6-03]

The commissioner may suspend, revoke, or refuse to continue, issue, or renew any license issued under this chapter if, after notice to the licensee and hearing, the commissioner finds as to the licensee any of the following conditions: [ ND ST 26.1-26.6-05]

• Recommending any particular attorney at law to handle the case in which the bail bondsman has caused a bond to be issued under the terms of this chapter.
• Forging the name of another to a bond or application for bond.
• Soliciting business in or about any place for prisoners or confined, arraigned, or in custody.
• Paying a fee or rebate, or giving or promising anything of value to a jailer, trustee, police officer or officer of the law, or any other person who has power to arrest or hold in custody or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or entreatment thereof, or to secure, delay, or other advantage. This does not apply to a jailer, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant.
• Paying a fee or rebating or giving anything of value to an attorney in bail bond matters, except in defense of any action on a bond.
• Accepting anything of value from a principal other than a premium. Provided, the bondsman may accept collateral security or other indemnity from the principal which must be returned immediately upon final termination of liability on the bond. Such collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond.
• Willful failure to return collateral security to the principal when the principal is entitled thereto.
• Knowingly employing a person whose agent license has been revoked, suspended, or denied in this or any other state.
• Knowingly or intentionally executing a bail bond without collecting in full a premium therefor, at the premium rate as filed with and approved by the commissioner.
• Failing to pay any forfeiture as directed by a court and as required by this title.

A bail bondsman or bail bond agency may not advertise as or hold itself out to be a surety company.

A bail bondsman may not sign nor countersign any blank in any bond, nor give up power of attorney to or otherwise authorize, anyone to countersign the bail bondsman's name to bonds.

9. Noteworthy Appellate Decisions

State v. Owens , 570 N.W.2d 217 (N.D. 1997).

Defendant filed post-conviction motion for return of bond money. The District Court denied the motion and the defendant appealed. The Supreme Court held that: (1) order denying motion was appealable, and (2) defendant was entitled to return of bond money.

State v. Williams , 48 N.D. 1259 (N.D. 1922).

In Cass County , defendant was accused of carrying concealed weapons and bound over to the district court. His wife deposited in court $1,400 as bail for his appearance at the November term of court; but when his case was called he was in the state's prison at Stillwater, Minn., and his appearance was impossible. Hence the court erred in denying a motion to undo the forfeiture of his bail.

State v. Funk , 127 N.W. 722 (N.D. 1910).

At the time the defendant was obliged to appear, he was arrested and detained by a county jail for a separate offense. Because his appearance was rendered impossible by the state, the forfeiture of the bond was reversed.

10. Bounty Hunter Laws

There are no specific regulations pertaining to bounty hunters at this time.