A directory of State Laws that effect the Bail Bond Recovery Industry through out the United States.
This is a brief overview of the various laws for each state concerning Bail Enforcement, Bounty Hunters, Fugitive Apprehension and Bail Bondsman. This is not legal advice. Laws change frequently, please check each state as there are links provided for possible updates and current information.
Provisions of the Uniform Criminal Extradition Act applies to all of the following except Missouri and South Carolina. Also, keep in mind that the arrest of a principal by a surety is always for purposes of surrendering him back to judicial authorities. In addition, the states use different terminology for the same thing, for example, bail, surety, bondsman, and bail bond agent mean the same thing. Defendant means the same thing as the accused or the principal. Bounty hunters are also called bail fugitive recovery agents, bail recovery agents, etc. Also please note that many states require those performing the apprehension to be in possession of a certified copy of the undertaking. The purpose of this is twofold (1) to show they have the authority to arrest the defendant, and (2) the judicial or law enforcement officers to whom the defendant is surrendered will require it in order to protect them from a charge of false imprisonment.
| State | Synopsis of Current Law | Pending Legislation |
| AK | Alaska permits arrests to be made by private persons (AS 12.12.010, 12.25.030) and the surety may personally arrest the defendant for surrender before final charging (AS 09.40.200). UCEA | |
| AL | Alabama gives wide latitude to bondsmen to arrest their principals. (Code of Alabama 15-13-62) The bondsman can authorize another to apprehend the fugitive by endorsing a certified copy of the undertaking (15-13-117). The bondsman or his agent can pursue the principal anywhere in the state, must possess a certified copy of the bond, must clearly identify himself and his purpose, and can enter a dwelling for this purpose. The principal has to be surrendered to the sheriff of the county of jurisdiction. (15-13-63). An out of state bondsman shall have a certified copy of the undertaking when apprehending the principal (15-13-124). UCEA | H 593 would prohibit fugitive recovery near a school or child care facility. |
| AR | Nobody can represent himself as a bounty hunter or bail recovery agent in Arkansas. Only a licensed private investigator, a person under his direct supervision, a licensed bondsman from the state where the bond was issued, and sworn peace officers can arrest bail fugitives. Such persons must be at least 21 years of age and have no felony record. Bondsman must notify local law enforcement of his presence, the name and charges and suspected location of the defendant. Violation is a class D felony. (Arkansas Code of 1999, 16-84-114). UCEA | H 2222 defines who can recover bail fugitives. Enacted 05APR01 |
| AZ | License required. A surety may empower a bail recovery agent to arrest a defendant (ARSA 20-282.10). The bail recovery agent may not enter a residence without permission, nor make an arrest without written authorization from an Arizona licensed bail bondsman, nor wear law enforcement- like apparel. The recovery agent must identify himself as such. Out of state bondsmen must contract for a recovery agent through an Arizona bondsman. Bondsman must report in writing to DOI name of recovery agent. Violation is a class 5 felony. (ARSA 13-3885). A recovery agent must submit to the DOI triennially a new set of fingerprints for a criminal background check. He cannot have been convicted of a felony or an offense using a dangerous weapon. (ARSA 20-323) UCEA | |
| CA | License required. In September 1999, A 243, the Bail Fugitive Recovery Persons Act, was passed which added section 1299 to the Penal Code. This law provides for the regulation of bail fugitive recovery persons, defined as a person given written authorization by a bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to do same. The law requires that the bail fugitive recovery person be at least 18 years old and complete 2 power of arrest courses. This law requires that a person authorized to apprehend a bail fugitive notify local law enforcement of his intent to apprehend 6 hours prior. This law prohibits a bail fugitive recovery person from forcibly entering a premises for that purpose except pursuant to certain existing provisions of law governing arrest by a private person. Any person authorized to apprehend a bail fugitive is required to carry certification of completion of required courses and training programs, and shall not wear a badge or law enforcement type apparel, not carry a firearm or weapon except in compliance with state law. Violation of this statute is a misdemeanor. The law remains in effect only until January 1, 2005 subject to another statute deleting or extending that date. (Penal Code, Part 2, Title 10, Chapter 1, Article 5.5, Section 1299 and Insurance Code, Section 1810.7) In addition, a bounty hunter or bond agent who captures a defendant in California must go through extradition procedures to transport him interstate. [CA Penal Code 847.5 (1995 West); Ouzts v Maryland Nat’l Ins.Co. 505 F.2d 547 (9th Cir. 1974)]. After an arrest of a defendant on bail, the surety must deliver him to the court or the police within 48 hours if it occurs in California. If it occurs out of state, the surety must deliver the defendant within 48 hours of returning to California. (CA Penal Code 1301). UCEA | |
| CO | A surety with a certified copy of the bond may apprehend the defendant. (CRSA 16-4-108) A surety is prohibited from contracting with a bail recovery person, guilty of a felony within the last 15 years, or who has not been trained in bail recovery practices. A recovery agent must submit fingerprints to the Colorado Bureau of Investigation, undergo a background check (12-17-105.5), and receive verification of a certificate of completion of the Peace Office Standards and Training Board (POST) bail recovery course. Bail recovery personnel must also have fingerprints on file with local police or sheriff. (12-7-101 et seq.), UCEA | |
| CT | License required. Before apprehending a principal, a professional bondsman (licensed under CT Special and Public Acts, Ch 533), a surety bond agent (licensed under Ch 700f) or a bail enforcement agent (licensed under CGSA Sec 29-152 (f) to (l)) must notify law enforcement of the jurisdiction in which the principal is thought to be (29-152(k)). Under (Sec 29-152 (f) to (l)) bail recovery personnel are not allowed to wear law enforcement-like apparel or badges (29-152(l)), and if firearms are carried a permit is required (29-152(m)). License requires training (20 hours) and background checks. No felony record allowed. Police officers are forbidden from being bounty hunters. Violation is punished by a fine not over $1,000 and/or two years in jail and permanent loss of license (29-152(n)).UCEA | H 5726. Clarifies licensing standards, conduct provisions, etc. |
| DC | The District is hostile both to commercial bail and to bounty hunters. A Maryland bail agent recently entered DC to pick up a fugitive and first called for police back up. The police arrested him for possession of a firearm, and let the fugitive go because the warrant in the bondsman’s possession had not been entered into NCIC. (DCCode 23) UCEA | |
| DE | A surety can apprehend and surrender his principal. (X. General provisions. Rule 46.) UCEA | H 176 requires bail enforcement agents to have a license & register with Department of Public Safety. |
| FL | Free lance bounty hunters banned. Does not allow bounty hunters. Fugitives can only be recovered by those to whom they are bonded out. One cannot make an arrest on an out of state bond unless the person is licensed in the state or the state where the bond was written. Violation of the statute is a 3rd class felony. (Florida Statutes 648.30 (2)(3)). UCEA | |
| GA | As of 01 July 1999, in Georgia, arresting agent must be at least 25, possess a Georgia firearms permit (if carrying), be a US citizen, if out of state from a state that has no licensing/training requirements, must contract a Georgia licensed agent, no law enforcement style apparel, must carry ID from bondsman with physical description and bondsman’s signature, notification to local authorities required by phone or fax if pick up is in private home (not required if apprehension is in public). (OCGA 17-6-50 through 58)) UCEA | |
| HI | The surety may at any time surrender the principal (HRS 804-14) (HRS (Insurance) 431:1-210) UCEA | |
| IA | License required. Bounty hunters must be licensed and notify local police of a defendant’s location before making an arrest. (IA CODE 80A.3). A victim can sue a bail bond agent as well as the bounty hunter for misconduct. (IA CODE 80A.16A) A bounty hunter cannot enter the home of or use force against an innocent third party. (State v McFarland, 598 N.W.2nd 318 (Iowa Ct. App. 1999)). In Iowa, the surety, subject to the limitations of IA CODE 80A, may at any time arrest the defendant at any place in the state and by written authority on a certified copy of the undertaking may empower any person of suitable age and discretion to do so. (IA CODE 811.8) UCEA | |
| ID | The surety may at any time arrest the defendant at any place in Idaho (IS 8-111) and by written authority on a certified copy of the undertaking may empower any person of suitable age and discretion to do so. (19-2925) UCEA | |
| IL | Bounty hunters banned. Illinois is a state unfriendly to commercial bail. A statute was enacted in 1963 designed to eliminate the commercial bail bond industry. See Schlib v Kuebel, 264 N.E.2nd 377, 380 (Ill. 1970), aff’d 404 U.S. 357 (1971); Ill. Stat. Ch. 725 Sec.s 5/110-7, 5/110-8. “No bail bondsman from any state may seize or transport unwillingly any person found in this State who is allegedly in violation of a bail bond posted in some other state.” Ill. Stat. Ch. 725 Sec. 5/103-9. UCEA | |
| IN | License required. A surety, or a person authorized by him with a certified copy of the undertaking, may apprehend a principal in any county in the state (IC 35-1-22-7). Recovery agents must be licensed (IC 27-10-3-1(1997). To obtain a license, recovery agents must be at least 18, a citizen of the US, a resident of IN for at least 6 months, 10 years since a felony conviction, 5 years since a misdemeanor. (IC 27-10-3-5.) They must pass an examination given by the state. (IC 27-10-3-6). Recovery agents must notify the sheriff in their respective locales of their residence (IC 27-10-3-17) and bail bond agents must give the state a list of recovery agents they employ (IC 27-10-3-14). Forcible entry into a private dwelling of a third party to arrest the principal is prohibited (IC 35-33-1-4) (IC 27-10-2-7) Mishler v State, 660 N.E.2nd 343 (Ind App. 1996). UCEA | |
| KS | The surety , or a person authorized by the surety, may arrest the defendant to be delivered to the county in which he is charged. (KS 22-2809) UCEA | |
| KY | Bounty hunters banned. No bail bondsman or his agent can arrest, detain, and remove from the state a bail fugitive unless a warrant has been issued for the defendant (KRS 440.270(2)). To get the warrant, a “credible” person has to appear before a judge, the judge has to issue it, and the arrest must be made by a peace officer. Defendant then answers the charge before a judge in the county in which he was arrested (KRS 440.270(1). Kentucky expressly outlaws the commercial bail bond industry. KRS 431.510 (outlawing commercial bail bond industry); See Stephens v Bonding Assoc. Of Kentucky, 538 S. W.2nd 580 (Ky 1976) (upholding statute).UCEA. | |
| LA | License required. All recovery agents must be licensed by DOI. There are education requirements to obtain and keep license. Out of state recovery personnel must contract with a bail agent licensed in Louisiana. Recovery personnel required to wear apparel identifying bail bond company during apprehension or surrender in a private residence. For apprehension in a private residence, notification of local law enforcement required. (LAC Title 37, Part XIII, Ch. 49, Reg 65, Sec. 4901 et seq.) UCEA | |
| MA | The surety to whose exclusive custody the principal is released has legal control over the principal to ensure his appearance. (MGL Ch 276, Sec. 58, Sec. 68, & Sec. 69) The surety can forcibly enter the dwelling of the principal to apprehend him. (Ch 276, Sec. 68) UCEA | H 1481 Bail recovery agents must register with Department of Public Safety prior to a recovery. |
| MD | The surety can surrender the principal. (Rule 4-217, Section (h)(2) and (I)(3)(Annotated Code of MD, Art. 41, Ch.2) UCEA | H 912 would require licensing for recovery agents. |
| ME | The surety is responsible for the principal’s appearance at all times before the verdict, and the defendant’s compliance with conditions of release (15 MRS 105A-1072). UCEA | |
| MI | The surety may arrest the principal and is entitled to the assistance of law enforcement (MCL 765.26). UCEA | |
| MN | The surety has the authority and right to arrest the principal (MS 625.18), or cause him to be arrested. He must give notice to the sheriff before apprehension (629.63). UCEA | |
| MO | The surety or any person authorized by him may with a copy of the recognizance apprehend the principal in any county of the state. (MRS Title 37, Ch. 544.600) UCEA does not apply in Missouri. | S 246 (Sec. 374.782 to 374.789) Bill regulating licensing of bail recovery agents. |
