1. Applicable Statutes

Ohio Revised Code Annotated, Title XXIX Crimes: Procedure. Chapter 2937: Preliminary Examination, Bail.

Ohio Revised Code Annotated, Title XXXIX Insurance, Chapter 3905, Agents. Surety Bail Bond Agents.

Ohio Revised Code Annotated, Rules of Criminal Procedure number 46

Local Court rules govern remittance and forfeiture proceedings.

The regulatory body is the Superintendent of Insurance.

2. Licensing Requirements

Bail bondsmen must comply with the following for licensure: [R.C. § 3905.85]

• Submit an application to the superintendent of insurance and pay applicable fee.
• Submit to a criminal background check and pay requisite fees
• Be eighteen years of age or older.
• Be of high character and integrity
• Successfully complete at least fourteen hours of continuing education offered in a course or program of study related to the bail bond business that is approved by the superintendent of insurance in consultation with the insurance agent education advisory council.
• Acquire and carry a wallet identification card

3. Notice of Forfeiture

Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear. [R.C. § 2937.35]

The court shall notify the accused and each surety by ordinary mail at the address shown by them in their affidavits of qualification or on the record of the case, of the default of the accused and the adjudication of forfeiture and require each of them to show cause on or before a date certain to be stated in the notice, and which shall be not less than twenty (20) nor more than thirty (30) days from date of mailing notice, why judgment should not be entered against each of them for the penalty stated in the recognizance.

But such court or magistrate may, in its discretion, continue the cause to a later date certain, giving notice of such date to him and the bail depositor or sureties, and adjudge the bail forfeit upon failure to appear at such later date. [R.C. § 2937.35]

4. Forfeiture to Judgment

If good cause by production of the body of the accused or otherwise is not shown, the court or magistrate shall thereupon enter judgment against the sureties or either of them, so notified, in such amount, not exceeding the penalty of the bond, as has been set in the adjudication of forfeiture, and shall award execution therefor as in civil cases. The proceeds of sale shall be received by the clerk or magistrate and distributed as on forfeiture of cash bail.

5. Defenses to Forfeiture

Defenses vary by local rules, but a general standard of “good cause” is required throughout.

6. Remission

After judgment has been rendered against surety, the court or magistrate, on the appearance, surrender, or re-arrest of the accused on the charge, may remit all or such portion of the penalty as it deems just. [R.C. § 2937.39]

NB: Local rules govern remittance, forfeiture and judgment proceedings and payment schedules. General rules are provided here; please refer to the rules for the county in which you operate for more specific information.

7. Bail Agent's Arrest Authority

While the statute does not provide express arrest authority, Ohio courts have found it to exist:

“Pursuant to the bail contract, bail bondsmen have broad authority to use reasonable and necessary force against fugitives including a forced entry into the home of the fugitive; however, this broad authority does not extend to infringing upon third parties who are not parties to the bail contract.” State v. Kole , 2000 WL 840503.

“Members of an association incorporated for the purpose of apprehending and convicting any person or persons accused of either felony or misdemeanor may make arrests anywhere within the state, subject to the limitations prescribed in GC 10203 (RC 1731.03) and GC 10204 (RC 1731.04).” (Annotation from former RC 1731.03.) Fouts v. State , 113 Ohio St. 450 ( Ohio 1925).

8. Other Noteworthy Provisions

A surety bail bond agent license issued pursuant to this section authorizes the holder, when appointed by an insurer, to execute or countersign bail bonds in connection with judicial proceedings and to receive money or other things of value for those services. However, the holder shall not execute or deliver a bond during the first one hundred eighty days after the license is initially issued. This restriction does not apply with respect to license renewals. [R.C. § 3905.85 (C)]

9. Noteworthy Appellate Decisions

State v. Stevens, 505 N.E.2d 972 ( Ohio ,1987).

Defendant failed to appear for sentencing. The Court of Common Pleas entered bond forfeiture judgment against surety. Surety appealed. The Court of Appeals affirmed. Surety appealed. The Supreme Court affirmed, and held that: (1) trial court's journal entry continuing bond for defendant pending receipt of pre-sentence report provided surety with sufficient constructive notice to subject surety to bond forfeiture judgment upon defendant's failure to appear, and (2) trial court's actions in continuing bond did not add any new burdens to contract surety had with defendant.

State v. Johnson , 2000 WL 1618 (Ohio App. 5 Dist, 1999).

Bail bonding company applied for remission of a bond and the lower court denied the motion. The judgment was affirmed, and the court reiterated the important obligation of bonding companies to consider whether the accused intends to fulfill his or her obligations when issuing the bond.

State v Kole , 2000 WL 840503 (9th Dist Ct App, Lorain , June 28, 2000).

Pursuant to the bail contract, bail bondsmen have broad authority to use reasonable and necessary force against fugitives including a forced entry into the home of the fugitive; however, this broad authority does not extend to infringing upon third parties who are not parties to the bail contract.

10. Bounty Hunter Provisions

There are no specific provisions relating to bounty hunters at this time.