1. Applicable Statutes

Vermont Statutes Annotated Title Thirteen. Crimes and Criminal Procedure, Part 5: Judgment and Proceedings after Judgment. Chapter 229: Bail and Recognizances.

The regulatory body is the Department of Banking, Insurance, Securities and Health Care Administration.

2. Licensing Requirements

There are no specific licensing procedures for bail bondsmen in Vermont . The court administrator, after consultation with the commissioner of banking, insurance, securities, and health care administration, may approve an entity that is licensed or authorized to act as a surety, or on behalf of a surety, in this state to execute a bond in the form established by the court administrator under subsection 7554(i) of this title, or post bail as required as a condition of release, and if so approved, the entity or agent shall not need to be approved by any court, judicial officer or any other person. [VT ST T. 13 § 7554a]

3. Notice of Forfeiture

If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required, the court may issue a warrant for the arrest of the person and upon hearing and notice thereof to the surety, forfeit any bail posted on the person.

The state's attorney may file a motion to forfeit the amount of the bond against the surety in the superior or district court where the bond was executed. A motion filed under this subdivision shall:

• include a copy of the bond;
• state the facts upon which the motion is based; and
• be served upon the surety.

The surety may respond to a motion to forfeit a bond. Responses must be served within ten days of service of the motion. [VT ST T. 13 § 7560a]

4. Forfeiture to Judgment

Upon notice to the parties, the court shall schedule a hearing on a motion to forfeit a bond. The court shall order the surety to produce the principal at the hearing.

If the court finds that the surety has violated the terms of the bond by failing to produce the principal at the hearing or at any other court appearance at which the principal was required to appear, the court shall grant the motion to forfeit the bond. The court may, on motion, or on its own motion, adjust the amount of the forfeiture and order the forfeiture of all or part of the bond amount to the state.

If a surety fails to comply with a forfeiture order, the attorney general may commence proceedings to enforce the order and collect the forfeited amount. [VT ST T. 13 § 7560a]

5. Defenses to Forfeiture

No bond may be forfeited, in whole or in part, for violation of any condition of release other than a condition that the principal appear in court as required. [VT ST T. 13 § 7560a]

6. Remission

A surety may file a motion requesting the return of forfeited bail at any time after the order of forfeiture is entered. The court shall set the motion for hearing and provide notice to the surety and the state's attorney. If the court finds the interests of justice would be served by returning all or part of the security, the court may grant the motion and return as much of the security as it deems equitable under the circumstances. [VT ST T. 13 § 7570]

7. Agent's Arrest Authority

If a surety or a person who has posted bail wishes to surrender the principal in discharge of the person's obligations under the bond or bail agreement, the person may apply in writing to a judicial officer for a warrant to apprehend and detain the principal. The court shall, absent good cause shown, thereupon issue such warrant, and on detention of the principal, the person's obligation under the bond or bail agreement shall be discharged. [VT ST T. 13 § 7562]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Chatfield , 787 A.2d 1247 (VT, 2001).

Defendant's conditions of released were altered before trial. The defendant then failed to appear for jury draw and the trial court ordered forfeiture of bail. The bonding company appealed. The Supreme Court held that the changes made to defendant's conditions did not discharge the surety's obligation to produce the defendant. While the defendant was allowed to travel more widely and to report to police by phone rather than in person, the bonding company had constructive notice of these changes because they were requested by the defendant. on ground that changes materially altered surety's risk without notice. The court also held that an addition of a new charge against the defendant did not increase the bonding company's risk without notice. The lower court's decision was upheld and the bonding company was liable for the amount of the bond.

In re Palmer , 769 A.2d 623 (VT, 2000).

The Department of Banking, Insurance, Securities and Health Care Administration revoked a bail agent's license as insurance agent and the bail agent appealed the decision. The Supreme Court affirmed the revocation and held that: (1) Department had jurisdiction to discipline bail bond agent and revoke his insurance agent's license; (2) insurance statutes, including those involving unfair trade practices, were not unconstitutionally vague as applied; (3) the contract clause had no applicability; and (4) evidence supported revocation and fine.

10. Bounty Hunter Provisions

At this time there are no provisions concerning bounty hunters.