1. Applicable Statutes

Utah Code, 1953 Title 53, Public Safety Code Chapter 11: Bail Bond Recovery

Utah Code, 1953 Title 77, Utah Code of Criminal Procedure, Chapter 20b: Bail Surety

Utah Code, 1953 Title 31A: Insurance Code Chapter 35: Bail Bond Surety Licensing

The regulatory body is the Department of Insurance.

2. Licensing Requirements

Bail bond agents must be licensed as bail bond producers in the state of Utah .

"Bail bond producer" means an individual who:

(a) is appointed by:

•  a surety insurer that issues bail bonds; or

•  a bail bond surety company licensed under this chapter;

(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and

(c) receives or is promised money or other things of value in exchange for issuing bail bonds. [U.C.A. 1953 § 31A-35-102]

Bail bond producers must be licensed under the requirements for Limited Lines Insurance Producers and must comply with the following for licensure:

• Be at least 18 years old [U.C.A. 1953 § 31A-23a-107]
• Be competent and trustworthy
• Intent to engage actively in the bail bond business
• Complete continuing education requirements, including: 24 credit hours of continuing education for every two-year licensing period (three of which must be ethics courses, and at least 12 must be classroom instruction) [U.C.A. 1953 § 31A-23a-202]
• Submit to and pass an examination
• Submit to fingerprinting and criminal background check if requested by the Department
• Non-resident applicants must meet the above requirements, be licensed in good standing in their home state and submit to personal jurisdiction in the state of Utah . [U.C.A. 1953 § 31A-23a-109]

3. Notice of Forfeiture

If a defendant who has posted bail fails to appear before the appropriate court when required and the court issues a bench warrant or directs that the surety be given notice of the nonappearance, the clerk of the court shall:

• mail notice of nonappearance by certified mail, return receipt requested, within 30 days to the address of the surety who posted the bond
• notify the surety of the name, address, telephone number, and fax number of the prosecutor
• deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at the same time notice is sent under Subsection (1)(a); and
• ensure that the name, address, and telephone number of the surety is stated on the bench warrant.

The prosecutor may mail notice of nonappearance by certified mail, return receipt requested, to the address of the surety within 37 days after the date of the defendant's failure to appear.

If notice of nonappearance is not mailed to a surety, other than the defendant, in accordance with Subsection (1) or (2), the surety is relieved of further obligation under the bond if the surety's current name and address are on the bail bond in the court's file.

If a defendant appears in court within seven days after a missed, scheduled court appearance, even though the court has ordered the bond forfeited, the court may reinstate the bond without further notice to the bond company.

If a defendant fails to appear within seven days after a scheduled court appearance and the court has ordered the bond forfeited, the court may not reinstate the bond without the consent of the surety.

4. Forfeiture to Judgment

A court shall enter judgment of bail forfeiture without further notice if it finds by a preponderance of the evidence that the defendant failed to appear as required, the surety was given notice of the defendant's nonappearance, the surety failed to bring the defendant to the court within a six-month period following the notice, and the prosecutor has complied with the notice requirements. [U.C.A. 1953 § 77-20b-104]

5. Defenses to Forfeiture

If the defendant is arrested and booked into a county jail booking facility pursuant to a warrant for failure to appear on the original charges, the surety may file a motion with the court to exonerate the bond. The surety shall deliver a copy of the motion to the prosecutor.

Unless the court makes a finding of good cause why the bond should not be exonerated, it shall exonerate the bond if:

(i) the surety has delivered the defendant to the county jail booking facility in the county where the original charge is pending;

(ii) the defendant has been released on a bond secured from a subsequent surety for the original charge and the failure to appear;

(iii) after an arrest, the defendant has escaped from jail or has been released on the defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail capacity, or by a sheriff's release under Section 17-22-5.5; or

(iv) the surety has transported or agreed to pay for the transportation of the defendant from a location outside of the county back to the county where the original charge is pending, and the payment is in an amount equal to government transportation expenses listed in Section 76-3-201.

Under circumstances not otherwise provided for in this section, the court may exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's motion and there is good cause for the bond to be exonerated.

If a surety's bond has been exonerated under this section and the surety remains liable for the cost of transportation of the defendant, the surety may take custody of the defendant for the purpose of transporting the defendant to the jurisdiction where the charge is pending. [U.C.A. 1953 § 77-20b-101]

If a surety is unable to bring a defendant to the court because the defendant is and will be in the custody of authorities of another jurisdiction, the surety shall notify the court and the prosecutor and provide the name, address, and telephone number of the custodial authority.

If the defendant is subject to extradition or other means by which the state can return the defendant to the court's custody, and the surety gives notice, the surety's bond shall be exonerated:

(a) if the prosecutor elects in writing not to extradite the defendant immediately; and

(b) if the prosecutor elects in writing to extradite the defendant, to the extent the bond exceeds the reasonable, actual, or estimated costs to extradite and return the defendant to the court's custody, upon the occurrence of the earlier of:

(i) the prosecuting attorney's lodging a detainer on the defendant; or

(ii) 60 days after the surety gives notice to the prosecutor under Subsection (1), if the defendant remains in custody of the same authority during that 60- day period. [U.C.A. 1953 § 77-20b-103]

If the surety shows by a preponderance of the evidence that it has failed to bring the defendant before the court because the defendant is deceased through no act of the surety, the court may not enter judgment of bail forfeiture. [U.C.A. 1953 § 77-20b-104]

6. Remission

If notice of nonappearance has been mailed to a surety under Section 77-20b-101, the surety may bring the defendant before the court or surrender the defendant into the custody of a county sheriff within the state within six months of the date of nonappearance, during which time a forfeiture action on the bond may not be brought.

A surety may request an extension of the six-month time period if the surety within that time:

• files a motion for extension with the court; and
• mails the motion for extension and a notice of hearing on the motion to the prosecutor.

The court may extend the six-month time for not more than 60 days, if the surety has complied with the above and the court finds good cause. [U.C.A. 1953 § 77-20b-102]

7. Bail Agent's Arrest Authority

For the purpose of surrendering the defendant, the sureties may:

•  arrest the defendant:

•  at any time before the defendant is finally exonerated; and

•  at any place within the state; and

•  surrender the defendant to any county jail booking facility in Utah . [U.C.A. 1953 § 77-20-8.5]

Bail Agents who arrest defendants are subject to the same restrictions as bail enforcement agents under the Bail Bond Recovery Act. (See Section 10)

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

Lee v. Langley , 121 P.3d 33 ( Utah App., 2005).

The defendant and his brother sued the owner of a bail bonding company, a bail recovery agent and the bail bond surety after they sustained injury during the apprehension of the defendant. They brought claims of false imprisonment, assault, and negligent or reckless endangerment. The trial court dismissed the false imprisonment claims, and the jury found for the bond agents on the other claims. The plaintiffs appealed. The court of appeals affirmed the lower court and jury ruling, holding that the trial court properly instructed jury that the unlicensed bail recovery agent had power to lawfully make arrest if it found that agent was acting on bail bond surety's behalf, and the arrestee and his brother had failed to establish claims for false imprisonment.

10. Bounty Hunter Provisions

There are three types of licenses available for individuals engaged in bounty hunting type activity. They are:

• bail enforcement agent;
• bail recovery agent; or
• bail recovery apprentice.

An applicant for any of the above license classifications shall be: [U.C.A. 1953 § 53-11-108]

• at least 21 years of age;
• a citizen or legal resident of the United States ; and
• of good moral character.

An applicant may not:

• have been convicted of:
• a felony;
• any act involving illegally using, carrying, or possessing a dangerous weapon;
• any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person;
• any act constituting dishonesty or fraud;
• impersonating a peace officer; or
• any act involving moral turpitude;
• be on probation, parole, community supervision, or named in an outstanding arrest warrant; or
• be employed as a peace officer.

If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.

The applicant shall also have completed a training program of not less than 16 hours that is approved by the board and includes:

•  instruction on the duties and responsibilities of a licensee under this chapter, including:

•  search, seizure, and arrest procedure;

•  pursuit, arrest, detainment, and transportation of a bail bond suspect; and

•  specific duties and responsibilities regarding entering an occupied structure to carry out functions under this chapter;

•  the laws and rules relating to the bail bond business;

•  the rights of the accused; and

•  ethics.

The program may be completed after the licensure application is submitted, but shall be completed before a license may be issued under this chapter.

If the applicant desires to carry a firearm as a licensee, the applicant shall:

• successfully complete a course regarding the specified types of weapons he plans to carry. The course shall:
• be not less than 16 hours;
• be conducted by any national, state, or local firearms training organization approved by the Criminal Investigations and Technical Services Division created in Section 53-10-103; and
• provide training regarding general familiarity with the types of firearms to be carried, including:
• the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and
• current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of deadly force, transportation, and concealment; and
• shall hold a valid license to carry a concealed weapon, issued under Section 53-5-704.

Bail Enforcement Agent Additional Qualifications

In addition to the above requirements, an applicant for licensure as a bail enforcement agent shall have a minimum of 2,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency. An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.

[U.C.A. 1953 § 53-11-109]

Bail Recovery Agent Additional Qualifications

In addition to the above requirements, a bail recovery agent applicant shall have a minimum of 1,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency. [U.C.A. 1953 § 53-11-111]

A bail recovery agent may work as a licensee under this chapter only as an employee of or as an independent contractor with a bail bond agency. A bail recovery agent may not:

• advertise his services;
• provide services as a licensee under this chapter directly for members of the public; or
• employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.

Bail Recovery Apprentice Qualifications

Bail Recovery Apprentices are subject to the above license requirements, but are subject to any experience requirements. [U.C.A. 1953 § 53-11-112]

A bail recovery apprentice may work as a licensee only:

• as an employee or contract employee of a bail bond agency; and
• under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision.

A bail recovery apprentice may not:

• advertise his services;
• provide services as a licensee under this chapter directly for members of the public; or
• employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.

Bail Recovery Agent/Apprentice Licensing Procedures [U.C.A. 1953 § 53-11-113]

An applicant for licensure as a bail recovery agent or as a bail recovery apprentice shall provide as part of the application:

• the full name and address of the applicant;
• two passport-size color photographs of the applicant;
• the name of the bail bond recovery agency for which the applicant will be an employee or with which the applicant will be an independent contractor;
• written indication by a bail bond recovery agency or its designee that it intends to employ or contract with the applicant; and
• a notarized statement of the applicant's experience and qualifications required under Section 53-11-111 or 53-11-112, as appropriate.

The licensure application or renewal shall be accompanied by the fee required under Section 53-11-115.

A license or a license renewal for a bail recovery agent or a bail recovery apprentice may not be granted to an applicant unless the employing bail bond recovery agency has on file with the department evidence of current workers' compensation coverage.

A bail recovery agent or bail recovery apprentice license may not be reinstated without providing verification of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required in Section 53-11-115. The provisions of this Subsection do not apply to a bail recovery agent or bail recovery apprentice who is working for a bail bond recovery agency as an independent contractor.

Arrest Procedures [U.C.A. 1953 § 53-11-123]

A bail enforcement agent or bail recovery agent who is searching for or planning to apprehend a person shall notify the local law enforcement agency if the search or apprehension will be conducted in an occupied structure within that law enforcement agency's jurisdiction.

When possible, notification shall be provided before taking action, but always within 24 hours of taking action. When a bail enforcement agent or bail recovery agent is preparing to enter an occupied structure to carry out an arrest, he shall verbally advise the local law enforcement agency of his location and intended action prior to acting.

A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall each carry with him a written document providing proof and cause for the actions he is taking as a licensee, and shall make the document available to local law enforcement agencies upon request.