1. Applicable Statutes

West Virginia Code 1966 Chapter 51, Courts and their Officers, Article 10A: Bail Bond Enforcers

West Virginia Code 1966 Chapter 62, Criminal Procedure, Article C1: Bail

The regulatory body for bail enforcers is the superintendent of the state police of West Virginia .

The Supreme Court of Appeals has the authority to make reasonable rules concerning the qualifications of persons and corporations engaging in the bail bonding business.

2. Licensing Requirements

In addition to the rules promulgated by the Supreme Court of Appeals, professional Bondsmen must comply with the following for licensure:

• Be of good moral character
• Not have been convicted of any offense involving moral turpitude

3. Notice of Forfeiture

When a person willfully and without just cause fails to appear as required, the bail will be declared forfeited. [W. Va. Code, § 62-1C-7]

Before a judgment is entered, the surety on the recognizance shall be given ten days' notice by certified mail at his last-known address to appear and show cause why a judgment of default should not be entered. [W. Va. Code, § 62-1C-9]

4. Forfeiture to Judgment

When a forfeiture has not been set aside, the court or justice, upon motion of the State, shall enter a judgment of default and execution may issue thereon. Before a judgment is entered, the surety on the recognizance shall be given ten days' notice by certified mail at his last-known address to appear and show cause why a judgment of default should not be entered. [W. Va. Code, § 62-1C-9]

5. Defenses to Forfeiture

The court or justice may direct that a forfeiture be set aside, upon such conditions as may be imposed, if it appears that justice does not require the enforcement of the forfeiture. [W. Va. Code, § 62-1C-8]

6. Remission

After entry of such judgment, the court or justice may remit the penalty in whole or in part under the conditions applying to the setting aside of forfeiture. [W. Va. Code, § 62-1C-11]

7. Bail Agent's Arrest Authority

A bailpiece is a certificate stating that the bail became such for the accused in a particular case and the amount thereof. Upon demand therefor, the court, magistrate or clerk shall issue to the bail bondsperson a bailpiece. Any officer having authority to execute a warrant of arrest shall assist the bail bondsperson holding such bailpiece to take the accused into custody and produce him before the court or magistrate. The bail bondsperson may take the accused into custody and surrender him or her to the court or magistrate without such bailpiece:

• If bailpiece is inaccessible due to unavailability of the court's circuit clerk or magistrate, the bail bondsperson, or his or her designee, can take an offender to a regional or county jail without bailpiece, and the jail must accept the offender; provided:
• The bail bondsperson, or his or her designee, delivering an offender to a jail without a bailpiece issued by the court's circuit clerk or magistrate appears on the registered list maintained at the jails and approved by the court of original jurisdiction;
• The bail bondsperson signs an agreement provided by the jail indicating that the offender has been booked in lieu of bailpiece. Such agreement shall contain a clause indicating the incarceration of such offender is lawful and that the jail accepting the offender shall be held harmless from any claims of illegal incarceration or other relative charges; thereby, such bail bondsperson assumes the risk and liability of such incarceration; and
• Bailpiece must be applied for by the bail bondsperson or his or her designee from the court's circuit clerk or magistrate and hand-delivered by the bail bondsperson or his or her designee to the jail housing such offender on the next judicial day following the initial intake.

Any bail bondsperson who willfully fails to attempt to obtain the appropriate bailpiece within the allotted time period is guilty of a misdemeanor and, upon conviction thereof, shall be prohibited from continuing to conduct business in this state and shall be fined not more than one thousand dollars and confined in the regional or county jail not more than one year. [W. Va. Code, § 62-1C-14]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Hedrick , 514 S.E.2d 397 ( W.Va. ,1999).

After the defendant surrendered himself, the Circuit Court chose to remit only $355,000 of the $450,000 bond. The surety appealed. The Supreme Court held that a trial court is not required to remit the full amount of a forfeited bond after the defendant is surrendered (or surrenders himself) into custody. When a trial court is asked to remit all or part of previously forfeited bail bond, the court shall consider the following criteria to extent that they are relevant: (1) willfulness of defendant's breach of bond's conditions; (2) cost, inconvenience and prejudice suffered by government as result of breach; (3) amount of delay caused by defendant's default and stage of proceedings at time of his or her disappearance; (4) appropriateness of amount of bond; (5) participation of bondsman in rearresting defendant; (6) whether surety is professional or friend or member of defendant's family; (7) public interest and necessity of effectuating defendant's appearance; and (8) any explanation or mitigating factors presented by defendant.

10. Bounty Hunter Provisions

"Bail bond enforcer" means a person who on behalf of a bail bondsman enters this state or is present in this state for the purposes of: (1) Assisting a bail bondsman in presenting the defendant in court when required; (2) assisting in the apprehension and surrender of the defendant to a court; (3) keeping a defendant under surveillance; or (4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded.

No person may act in the capacity of a bail bond enforcer within this state or perform any of the functions, duties, or powers prescribed for bail bond enforcers under section one of this article unless duly registered with the West Virginia state police as provided in this section. [W. Va. Code, § 51-10A-2]

The superintendent of the West Virginia state police shall design registration, authorization and notice forms, which, at minimum, shall require:

• Identifying information as to the registrant and at least one bail bondsman on whose behalf he or she is authorized to act as agent: Provided, That a registrant may not act on behalf of any bail bondsman until authorization to act is filed with the superintendent;
• A complete set of the registrant's fingerprints, certified by an authorized law-enforcement officer;
• A recent credential-sized, full-face photograph of the registrant;
• Certification, under penalties of perjury, that the registrant is at least twenty-one years of age, is a citizen of the United States, and has never been convicted of a felony in any state of the United States;
• Authorization in writing, as provided in subsection (b) or (c) of this section, from any bail bondsman on whose behalf the bail bond enforcer is authorized to enter this state or act within this state; and
• Other information as the superintendent determines is reasonable and necessary.

A bail bond enforcer may not:

• Enter an occupied residential structure without the consent of the occupants who are present at the time of the entry;
• Conduct a bail recovery arrest or apprehension without written authorization from a bail bondsman;
• Wear, carry or display any uniform, badge, shield or other insignia or emblem that implies that the bail bond enforcer is an employee, officer or agent of this state, a political subdivision of this state or the federal government. A bail bond enforcer may display identification that indicates his or her status as a bail bond enforcer only; or
• Conduct a bail bond apprehension or arrest without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant.