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1. Applicable Statutes.Nevada has among the most detailed and comprehensive statutes on the bail bond industry in the country. The bail bond industry is heavily regulated within the state. Virtually every aspect of the bail bond business has a specific, and sometimes lengthy, corresponding regulation.
A. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE. CHAPTER 697. BUSINESSES RELATED TO BAIL. B. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178. 2. Licensing Requirements for Agents. A. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 697. BUSINESSES RELATED TO BAIL.
697.090 License required; penalty.
697.100 Licensing of natural persons and corporations.
(a) Except in compliance with this chapter. (b) To a bail agent, bail enforcement agent or bail solicitor, unless he is a natural person.
(a) The corporation is owned and controlled by an insurer authorized to write surety in this state or a subsidiary corporation of such an insurer; or (b) Ownership and control of the corporation is retained by one or more licensed agents.
697.150 Bail agent: Qualifications.
(a) Is a resident of this state and has resided in this state for not less than 1 year immediately preceding the date of the application for the license. (b) Is a natural person not less than 18 years of age. (c) Has been appointed as a bail agent by an authorized surety insurer, subject to the issuance of the license. (d) Is competent, trustworthy and financially responsible. (c) Has passed any written examination required under this chapter. (d) Has filed the bond required by NRS 697.190. (e) Has, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is: (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and (2) Approved by the commissioner.
697.173 Bail enforcement agent: Qualifications.
(a) Is a natural person not less than 21 years of age. (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States. (c) Has a high school diploma or a general equivalency diploma or has an equivalent education as determined by the commissioner. (d) Has submitted to the commissioner a report of an investigation of his criminal history from the central repository for Nevada records of criminal history which indicates that he possesses the qualifications for licensure as a bail enforcement agent. (e) Has submitted to the commissioner the results of an examination conducted by a psychiatrist or psychologist licensed to practice in this state which indicate that he does not suffer from a psychological condition that would adversely affect his ability to carry out his duties as a bail enforcement agent. (f) Has passed any written examination required by this chapter. (g) Submits to the commissioner the results of a test to detect the presence of a controlled substance in his system that was administered no earlier than 30 days before the date of the application for the license which do not indicate the presence of any controlled substance for which he does not possess a current and lawful prescription issued in his name. (h) Successfully completes the training required NRS 697.177.
(a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance. 697.177 Basic course of training required for bail enforcement agents; temporary license.
(1) Constitutional law; (2) Procedures for arresting defendants and surrendering defendants into custody; (3) Civil liability; (4) The civil rights of persons who are detained in custody; (5) The use of force; and (6) The history and principles of bail;
(1) Safety and survival techniques; (2) Searching buildings; (3) Handling persons who are mentally ill or under the influence of alcohol or a controlled substance; and (4) The care and custody of prisoners;
(1) Writing reports, completing forms and procedures for exoneration; (2) Methods of arrest; (3) Nonlethal weapons; (4) The retention of weapons; (5) Qualifications for the use of firearms; and (6) Defensive tactics;
(1) The basic principles of locating defendants who have not complied with the terms and conditions established by a court for their release from custody or the terms and conditions of a contract entered with a surety; and (2) Ethics; and following subjects: (a) Demeanor in a courtroom; (b) First aid used in emergencies; and (c) Cardiopulmonary resuscitation.
(a) Authorizes the person to whom it is issued to act as a bail enforcement agent while employed by a licensed bail agent. (b) Is valid for 9 months or until the person to whom it is issued completes the training required by this section, whichever occurs first. (c) May not be renewed. 697.180 Written Application requirements.
(a) Identity and residence. (b) Business record or occupations for not less than the 2 years immediately preceding the date of the application, with the name and address of each employer, if any. (c) Prior criminal history, if any.
(a) Identity and residence. (b) Business record or occupations for not less than the 2 years immediately preceding the date of the application, with the name and address of each employer, if any. (c) Prior criminal history, if any.
697.183 An application for a license as a bail agent must be accompanied by:
(a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and (b) Approved by the commissioner.
697.186 An application for a license as a bail enforcement agent must be accompanied by:
(a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance 697.190 Bonds.
(a) Bail agent ………………..$25,000 (b) Bail solicitor ………….. $10,000 (c) General agent …………..$50,000
697.200 Examination for license as bail agent, bail enforcement agent or bail solicitor.
680B.010 Fees.
(a) Application and license ………………………. $78 (b) Initial appointment by each surety insurer …$5 (c) Triennial renewal of each license …….. …. $78
(a) Application and license ……………………… $78 (b) Triennial renewal of each license …………. $78
(a) Application and license …………………. $78 (b) Initial appointment by each insurer ……. $5 (c) Triennial renewal of each license ………. $78
(a) Application and license ……………………. $78 (b) Triennial renewal of each license ………. $78 697.210 Issuance of license; notice of refusal to issue license; fees not refundable.
697.230 Deals with the expiration and renewal of licenses. 697.240 Appointment of bail agents.
697.250 Deals with termination of appointment. 697.270 Registration of bail agents.
3. Notice of Forfeiture A. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178. GENERAL PROVISIONS. Bail 178.508 Notice to surety or depositor when defendant fails to appear; duties of courts; issuance of arrest warrant; determination of date of forfeiture; grounds for extending date of forfeiture.
(a) Enter upon its minutes that the defendant failed to appear; (b) Not later than 45 days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and (c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if he is not the defendant, be given notice that the defendant has failed to appear, by certified mail within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney while notice is given to each surety or the depositor.
(a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court. (b) An application for an extension because the defendant is temporarily prevented from appearing before the court because the defendant: (1) Is ill; (2) Is insane; or (3) Is being detained by civil or military authorities,and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.
4. Allotted Time between Forfeiture Declaration and Payment Due Date.
Wilshire Ins. Co. v. State, 94 Nev. 546, 582 P.2d 372 (1978).The law does not favor forfeitures and statutes imposing them must be strictly construed; the plain meaning of this statute is that the now 180-day notice be given to the underwriter or surety and not to just the bail bondsman. 5. Forfeiture Defenses. A. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 697. BUSINESSES RELATED TO BAIL 697.330 Surrender of defendant to custody; return of premiums.
· If a bail agent or bail solicitor, without good cause, surrenders a defendant to custody before the time specified in the undertaking of bail or the bail bond for the appearance of the defendant, or before any other occasion where the presence of the defendant in court is lawfully required, the premium is returnable in full. B. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178. GENERAL PROVISIONS. Bail 178.522 Exoneration of bail.
C. (See also, “extensions” for forfeiture under #3 of this outline). 6. Remission. A. (See #5, Forfeiture Defenses, in this outline, subset A). B. ATTORNEY GENERAL OPINION, AGO 96-05 (3-13-1996). Refund of bail bond forfeitures. — The State Board of Examiners must approve a request for refund of bail bond forfeitures which are paid into the state treasury pursuant to NRS 178.518 2 when the request is made pursuant to a final judgement entered by a court more than one year from the date of the forfeiture’s deposit into the treasury. 7. Bail Agent’s Arrest Authority. A. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178. GENERAL PROVISIONS. Bail 178.526 Arrest of defendant.
(a) Written authorization for the arrest of the defendant attached to a copy of the undertaking; or (b) A written authority endorsed on a certified copy of the undertaking, cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
B. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 176A. PROBATION AND SUSPENSION OF SENTENCE. Program of Probation Secured by Surety Bond, Arrest of probationer.
8. Other Noteworthy Provisions. A. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE. CHAPTER 697. BUSINESSES RELATED TO BAIL. 697.280 Bail agent: Place of business; display of licenses and fees charged; retention of records at place of business.
697.290 Records of bail agent.
697.300 Collections and charges permitted. 697.320 Collateral; fiduciary relationship; written receipt for collateral. 697.325 Notice to local law enforcement agency when defendant apprehended; notice to local law enforcement agency before forcible entrance of inhabited dwelling; penalty.
(a) The identity of the defendant; (b) The identity of the bail agent or bail enforcement agent; and (c) Where the bail agent or bail enforcement agent is taking the defendant to surrender him into custody.
697.340 Prohibited acts; persons who may not be bail agents, bail enforcement agents or bail solicitors. 697.188
(a) Has not, on or after October 1, 1997, been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and (b) Has not, on or after October 1, 1997, been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance. 697.181 Payment of child support: Statement by applicant for license; grounds for denial of license; duty of commissioner. [For expiration date — See Editor’s note.]
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or (b) A separate form prescribed by the commissioner.
(a) Fails to submit the statement required pursuant to subsection 1; or (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
697.182 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. 697.060 “Bail solicitor” defined.
697.260 Bail solicitors: Special requirements. 697.170 Bail solicitor: Qualifications.
(a) Is a natural person not less than 18 years of age. (b) in this state for not less than 3 months immediately preceding the date of the application for the license. (c) Is the bona fide employee of a licensed bail agent as a bail solicitor, or is to be so employed subject to the issuance of the license. (d) Has successfully completed a 6-hour course of instruction in bail bonds that is: (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail solicitors; and (2) Is approved by the commissioner. (e) Has passed any written examination required under this chapter.
(a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance. B. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 171. PROCEEDINGS TO COMMITMENT. Arrest: By Whom and How Made 171.153 Right of person arrested to make telephone calls.
C. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE CRIMINAL CASES. CHAPTER 178. GENERAL PROVISIONS. Bail 178.4855 Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges; notice to bail agent required.
D. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 679B. COMMISSIONER OF INSURANCE. Examinations 679B.240 Examination of holding companies, subsidiaries, agents, promoters and others.
E. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 697. BUSINESSES RELATED TO BAIL 697.360 Applicability of other provisions.
1. Chapter 679A of NRS. 2. Chapter 679B of NRS. 3. NRS 683A.240. 4. NRS 683A.300. 5. NRS 683A.400. 6. NRS 683A.410. 7. NRS 683A.450 to 683A.480, inclusive. 8. NRS 686A.010 to 686A.310, inclusive.
9. Noteworthy State Appellate Decisions. A. The STATE of Nevada, Appellant, v. AMERICAN BANKERS INSURANCE COMPANY and Joe’s Bail Bonds, Sureties for Betty Salerno, Respondents. Supreme Court of Nevada. Dec. 20, 1990.
B. WILSHIRE INSURANCE CO., doing business as Jack’s Bail Bonds, Appellant, v. The STATE of Nevada, Respondent. Supreme Court of Nevada. Aug. 9, 1978.
(1) where power of attorney empowered bail bondsman to “execute and deliver bail bonds only,” and stated “this power of attorney void if altered or erased,” the bail bondsman was a special agent acting in behalf of surety and thus notice of bail forfeiture proceedings given to bail bondsman was insufficient to impute notice to surety, and (2) the bail bondsman, by his acts of keeping constant vigil on defendant, visiting defendant’s residence to secure custody, taking second deed of trust on defendant’s home as security for bond, and filing motion to exonerate bail in behalf of surety, had not assumed status of a general agent so as to make notice of forfeiture proceedings given to him sufficient to impute notice to surety, since such acts, in aggregate, were both innocuous and reasonably incidental to type of special or limited agent’s authorizations and responsibilities contained in bail bondsman’s power of attorney and since State could not enlarge such agency in absence of showing surety’s consent or acquiescence in agent’s acts. The denial of bail exoneration was reversed. C. Ponderosa Ins. Co. v. State, 104 Nev. 246, 756 P.2d 556 (1988). Sureties not prejudiced by lack of affidavit of mailing. — Although an affidavit of mailing did not accompany the notice of intent to forfeit, as required by this section, sureties for the defendant were forced to make payment on the defendant’s forfeited bail bond where they received actual notice of the intent to forfeit the bond and were not prejudiced by the lack of compliance with this section.
10. Bounty Hunter Provisions. |