Kansas Bail Bonds

1. Applicable Statutes.

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2806 – 22-809.
2. Kansas appears to have had extensive provisions regarding bail at one time in KANSAS STATUTES ANNOTATED CHAPTER 61. –PROCEDURE, CIVIL, FOR LIMITED ACTIONS ARTICLE 3.–ARREST AND BAIL. This entire article, however, has been repealed.

1. Licensing Requirements for Agents.

There do not appear to be any specific licensing requirement for bail recovery agents or anything of the exact equivalent. The Kansas statutes do provide, however, approval procedures for a “surety.” In addition, the Kansas Attorney General Opinion, given below, provides further clarification on what a “surety” is. Per the opinion, non-insurance company bail bonds, or “pocket-bonds,” may only be issued by an individual and not a company. 22-2806’s requirements for surety approval, therefore, may have application and be limited to individuals.

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2806.

Establishes provisions for justification and approval of sureties.

• Every surety, except an insurance company authorized to transact business pursuant to subsection (d) of K.S.A. 40-1102, shall justify by affidavit and may be required to describe in the affidavit the property by which such surety proposes to justify and the encumbrances thereon, the number and number of other bonds and undertakings for bail entered by such surety and remaining undischarged and all such surety’s other liabilities.
• No bond shall be approved unless the surety appears to be qualified. The appearance bond and the sureties may be approved and accepted by a judge of the court where the action is pending or by the sheriff of the county.
• The regulatory body is the Insurance Department.

1. Office of the Attorney General, State of Kansas. Opinion No. 87-11.

January 20, 1987.

Re: Insurance–General Provisions Relative to Casualty, Surety and Fidelity Companies–Bail Bonding Companies

Synopsis: There are generally two types of bonds accepted by courts in criminal proceedings. Insurance bail bonds are issued by a licensed surety under the authority of K.S.A. 40-1102. Non-insurance company bail bonds (commonly referred to as ‘pocket bonds’) are issued under the authority of K.S.A. 22-2806. Only a natural person may write ‘pocket bonds’ under the authority and regulation of K.S.A. 22-2806. A company may not write ‘pocket bonds’ under the purported authority of K.S.A. 22-2806 as such action would be in violation of K.S.A. 40-214 and the Uniform Unauthorized Insurers Act, K.S.A. 40-2701 et seq. Cited herein: K.S.A. 22-2806; 40-201; 40-214; ) 40-1101; 40-1102; 40-2701 et seq.

1. Notice of Forfeiture

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2807.

Deals with forfeiture of appearance bonds.

·       If there is a breach of condition of an appearance bond, the court in which the bond is deposited shall declare a forfeiture of the bail.

·       The motion and notice thereof may be served by the court, through the clerk, who shall mail copies to the obligors to their last known addresses.

·       No default judgment shall be entered against the obligor in an appearance bond until more than 10 days after notice is served.

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 27. –UNIFORM CRIMINAL EXTRADITION ACT 22-2718.

Deals with forfeiture of bail in general.

·       If the prisoner is admitted to bail, and fails to appear and surrender himself per the conditions of his bond, the judge shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state.

·       Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.

1. Allotted Time between Forfeiture Declaration and Payment Due Date.

1. See Section A above, 22-807 subparagraph 3.

·       No default judgment shall be entered against the obligor in an appearance bond until more than 10 days after notice is served.

1. Forfeiture Defenses.

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2807.

Deals with forfeiture of appearance bonds.

·       The court may direct the forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. (i.e. at the court’s discretion).

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2808.

Sets forth conditions for exoneration.

·       When the condition of the appearance bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release them from liability.

·       A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

1. Remission.

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2807.

Deals with forfeiture of appearance bonds.

• After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in subsection (2).

·       (2) The court may direct forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. (i.e. at the court’s discretion).

1. State v. Midland Insurance Co., 494 P.2d 1228.

• Where surety redelivers defendant to sheriff at its own expense, motion to set aside bond forfeiture will be allowed to stand.

1. Bail Agent’s Arrest Authority.

1. KANSAS STATUTES ANNOTATED CHAPTER 22. –CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28. –CONDITIONS OF RELEASE 22-2809.

Establishes arrest and surrender authority, and procedure, of an obligor by a surety.

• Any person who is released on an appearance bond may be arrested by his surety or any person authorized by such surety and delivered to a custodial officer of the court in any county in the state in which he is charged.
• A surety may subsequently bring the arrested person and before any magistrate having power to commit for the crime charged.
• At the request of the surety, the magistrate shall commit the party and indorse on the bond, or a certified copy thereof, the discharge of such surety.

1. Other Noteworthy Provisions.

1. KANSAS STATUTES ANNOTATED CHAPTER 21. –CRIMES AND PUNISHMENTS KANSAS CRIMINAL CODE (ARTICLES 31 TO 47) PART II.–PROHIBITED CONDUCT ARTICLE 38. –CRIMES AFFECTING GOVERNMENTAL FUNCTIONS 21-3835.

Establishes that violation of a court order may result in forfeiture of bail.

• Violation of an order entered pursuant to K.S.A. 21-3834 may be punished by:
• Revocation of any form of pretrial release of a criminal defendant or by the forfeiture of bail and the issuance of a bench warrant for the defendant’s arrest or remanding the defendant into custody.
• After a hearing and upon a showing by clear and convincing evidence, the court, in its sound discretion, may order the revocation whether the violation was committed by the defendant personally or in any way caused or encouraged it to be committed.

1. KANSAS STATUTES ANNOTATED CHAPTER 21. –CRIMES AND PUNISHMENTS KANSAS CRIMINAL CODE (ARTICLES 31 TO 47) PART II.–PROHIBITED CONDUCT ARTICLE 38. –CRIMES AFFECTING GOVERNMENTAL FUNCTIONS 21-3825.

Prohibits false impersonation, including that of a bail.

• Aggravated false impersonation is falsely representing or impersonating another and in a falsely assumed character.

• Falsely acting as bail or security, or acknowledging any recognizance, or executing any bond or other instrument as bail or security, for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or security; is punishable under this section.

1. Noteworthy State Appellate Decisions.

1. STATE of Kansas, Appellee, v. William D. BUCKLE and Alta Buckle, Appellants.

No. 51325.

Court of Appeals of Kansas.

Dec. 28, 1979.

• Judgment on a forfeited appearance bond reversed because sufficient notice was not given to fairly apprise the surety of the action proposed to be taken.

Surety on appearance bond appealed from a judgment of default rendered by the Montgomery District Court, Raymond Belt, Associate Judge, for the $20,000 face amount of the bond. The Court of Appeals held that: (1) assuming there had been a motion to set aside forfeiture of appearance bond, mere suggestion of death of defendant would not have prevented rendering of a valid judgment against surety; (2) the motion for judgment and accompanying documents served on surety did not adequately apprise her that judgment would be taken against her; and (3) surety did not waive the required notice.

The order of forfeiture was reversed.

1. STATE of Kansas, Appellee, v. INDEMNITY INSURANCE CO. OF NORTH

AMERICA, Appellant.

No. 54727.

Court of Appeals of Kansas.

Nov. 10, 1983.

Review Denied Jan. 30, 1984.

• The trial court did not abuse discretion in ordering a bond forfeited even though the defendant failed to appear on additional charges not originally covered.

Appeal was taken by corporate surety on criminal appearance bond from judgment against it (in the Neosho District Court) after forfeiture of a bond. The Court of Appeals held that: (1) filing of additional charges against defendant did not relieve surety from liability on bond, and (2) trial court did not abuse its discretion in refusing to set aside bond forfeiture.

• The trial court’s forfeiture of the bond was affirmed.

1. Bounty Hunter Provisions.

There appear to be no specific regulations for “Bounty Hunters” in the Kansas statutes. (See KS 22-2809)