1. Applicable Statutes

Revised Code of Washington Title 10: Criminal Procedure, Chapter 19: Bail and Appearance Bonds

Revised Code of Washington Title 18: Businesses and Professions, Chapter 185: Bail Bond Agents

The Regulatory Body is the Department of Licensing.

2. Licensing Requirements

"Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds. [RCW 18.185.010]

Bail bond agents must comply with the following for licensure: [RCW 18.185.020]

• Be at least eighteen years of age
• Be a citizen or resident alien of the United States ;
• Participate in the required prelicensing training program as defined by the Director of Licensing
• Not have been convicted of a crime in any jurisdiction in the preceding ten years, if the director determines that the applicant's particular crime directly relates to a capacity to perform the duties of a bail bond agent and the director determines that the license should be withheld to protect the citizens of Washington state. If the director shall make a determination to withhold a license because of previous convictions, the determination shall be consistent with the restoration of employment rights act, chapter 9.96A RCW;
• Be employed by a bail bond agency or be licensed as a bail bond agency; and
• Pay the required application fee.
• Submit to and pay for fingerprinting and background check.

3. Notice of Forfeiture [RCW 10.19.090]

The surety must be notified in writing with 30 days of the defendant's failure to appear or the judgment is null and void.

4 . Forfeiture to Judgment: Time Allotted Before Payment is Due [RCW 10.19.100]

A forfeiture is immediately entered as a judgment upon the defendant's failure to appear. However, the agent may stay the execution of that judgment for sixty days by posting an additional bond with two or more sureties.

5. Forfeiture Defenses [RCW 10.19.105]

If the surety posts an additional bond to stay the execution of a judgment (see above), and the defendant appears in court within 60 days, then the judge may vacate the judgment of forfeiture upon such terms as may be just and equitable.

If the defendant does not appear within the 60-day period, then execution of the original judgment, as well as that of the new bond, shall issue immediately.

6. Remission [RCW 10.19.140]

If a forfeiture has been entered against a person in a criminal case and the person is returned to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, less any and all costs determined by the court to have been incurred by law enforcement in transporting, locating, apprehending, or processing the return of the person to the jurisdiction of the court, shall be remitted to the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement.

7. Bail Agent's Arrest Authority [RCW 10.19.140]

The surety on the bond may return to custody a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the facility in which the person was originally held in custody or the county or city jail affiliated with the court issuing the warrant resulting in bail.

8. Other Noteworthy Provisions [RCW 18.185.070]

• No bail bond agency license may be issued under the provisions of this chapter unless the qualified agent files with the director a bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars conditioned to recover against the agency and its servants, officers, agents, and employees by reason of its violation of the provisions of RCW 18.185.100.

• Every licensed bail bond agency must at all times maintain on file with the director the bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee's license and shall not reinstate the license until this requirement is met.

• In lieu of posting a bond, a qualified agent may deposit in an interest-bearing account, ten thousand dollars.

• The director may waive the bond requirements of this section, in his or her discretion, pursuant to adopted rules.

9. Noteworthy Appellate Decisions

Johnson v. County of Kittitas , 11 P.3d 862 (Wash.App. 2000)

Surety who wrote bail bonds brought action for a declaratory judgment interpreting statute governing the surrender of persons released on bail. Following a hearing, the Superior Court entered judgment which interpreted statute against surety in part and against county in part. Surety appealed. The Court of Appeals held, as matters of first impression, that: (1) surety could effectuate surrender of his principal with either a notice of forfeiture or an affidavit stating the reasons compelling the surrender, which were not limited to failure to appear, bail bond forfeiture and bench warrant, and (2) county corrections center was required to accept prisoners for out-of-county surrenders when legally established. Reversed.

State v. Hampton , 107 Wash.2d 403 (1986)

Trial court's failure to provide any reasons for its refusal to vacate bail forfeiture was abuse of discretion, as it did not provide appellate court with means of determining whether decision was based on tenable grounds or reasons.

State v. Bailey , 121 Wash. 413 (1922)

Where prisoner is returned to custody of sheriff within sixty days after forfeiture of bail money, assignee of bailor is entitled to return of money.

10. Bounty Hunter Provisions

Beginning January 1, 2006, no one may perform the function of a bail bond recovery agent unless the person is licensed and also has entered into a contract with a licensed bail bond agent.

Bail bond agents acting as bail bond recovery agents must have an endorsement to their license.

The Department is directed to adopt rules, in consultation with the industry, law enforcement, and prosecutors, for the bail bond recovery agent license, including pre-license training and examination.

Minimum requirements for licensure include:

• Education or experience appropriate for the work;
• Knowledge of relevant areas of criminal and civil law;
• Knowledge of appropriate use of force;
• Training in the use of firearms;
• Criminal history background check (convictions may disqualify an applicant);
• Minimum age of 21 years;
• Possession of both a firearms certificate and a concealed pistol license, if carrying a firearm in the course of work as a bail bond recovery agent.

In the conduct of their work, bail bond recovery agents must comply with the following:

• There must be a separate contract for each fugitive being sought. The bail bond recovery agent must carry a copy of the license and contract while working. If requested, the bail bond recovery agent must show the contract to the fugitive and to the owner or manager of any property the agent enters, but need not do this immediately during an effort to apprehend a fugitive.
• Bail bond recovery agents must notify local law enforcement whenever they discharge a firearm in the course of their work.
• Bail bond recovery agents from other states who are not licensed may operate in Washington only under the supervision of a licensed bail bond recovery agent.
• Bail bond recovery agents must operate under both the law and the specific authority given them in their contract with a bail bond agency. The contract may require more than the minimum required for licensure.
• Before a planned forced entry, the bail bond recovery agent must notify an appropriate local law enforcement agency.
• During a planned forced entry, the bail bond recovery agent is required to wear a shirt or vest with the words "BAIL BOND RECOVERY AGENT" written on the front and back in letters at least two inches high. The words must be reflective and in a color that contrasts with the color of the garment. The bail bond recovery agent may display a badge approved by the Department with the words "BAIL BOND RECOVERY AGENT" prominently displayed.