To obtain a license, a bail enforcement agent must be at least 21 years
old, be a U.S. citizen, have a high school diploma or equivalent, have
no felony record, pass a psychological examination, pass a written
examination, and pass a drug test. Nev. Code §§ 697.173, 697.200
(written examination), 697.186 (letter from police saying no criminal
record).
Bounty hunter also must take a training class within nine months of being hired as a bounty hunter. Nev. Code § 697.177.
After making an arrest, bail enforcement agent must notify the local law
enforcement agency of the jurisdiction in which the defendant was
apprehended of his identity, the identity of the defendant, and where
the defendant is being taken to be surrendered into custody.
Before forcibly entering an inhabited dwelling, a bail enforcement agent
must notify the local law enforcement. Nev. Code. § 697.325.
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.
NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE. CHAPTER 697. BUSINESSES RELATED TO BAIL.
NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178.
Licensing Requirements for Agents.
NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 697. BUSINESSES RELATED TO BAIL.
"Bail agent" means any individual appointed by an authorized surety
insurer by power of attorney to execute or countersign undertakings of
bail in connection with judicial proceedings and who receives or is
promised money or other things of value therefor.
"Bail enforcement agent" means a person who has contracted with or is
employed by a surety or bail agent as a special agent to enforce the
terms and conditions of a defendant's release from custody on bail in a
criminal proceeding, to locate a defendant and to apprehend a defendant
or surrender a defendant to custody, or both, if appropriate.
697.090 License required; penalty.
A person in this state shall not act in the capacity of a bail agent,
bail enforcement agent or bail solicitor, or perform any of the
functions, duties or powers prescribed for a bail agent, bail
enforcement agent or bail solicitor under the provisions of this
chapter, unless that person is qualified and licensed as provided in
this chapter. The commissioner may, after notice and a hearing, impose a
fine of not more than $1,000 for each act or violation of the
provisions of this subsection.
A person, whether or not located in this state, shall not act as or hold
himself out to be a general agent unless qualified and licensed as such
under the provisions of this chapter.
697.100 Licensing of natural persons and corporations.
Except as otherwise provided in this section, no license may be issued:
(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 corporation may be licensed as a bail agent or bail enforcement agent if:
(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.
This section does not prohibit two or more licensed bail agents from
entering into a partnership for the conduct of their bail business. No
person may be a member of such a partnership unless he is licensed
pursuant to this chapter in the same capacity as all other members of
the partnership. A limited partnership or a natural person may not have
any proprietary interest, directly or indirectly, in a partnership or
the conduct of business thereunder except licensed bail agents as
provided in this chapter.
697.150 Bail agent: Qualifications.
Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail agent if he:
(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.
A person is not entitled to receive, renew or hold a license as a bail
agent if he has been convicted of, or entered a plea of guilty or nolo
contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude. A conviction of, or plea of guilty or nolo
contendere by, an applicant or licensee for any crime listed in this
subsection is a sufficient ground for the commissioner to deny a license
to the applicant or to suspend or revoke the license of the agent.
697.173 Bail enforcement agent: Qualifications.
Except as otherwise provided in subsection 2, a person is entitled to
receive, renew or hold a license as a bail enforcement agent if he:
(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 person is not entitled to receive, renew or hold a license of a bail enforcement agent if he:
(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.
Except as otherwise provided in this section, an applicant for a license
as a bail enforcement agent must satisfactorily complete a basic course
of training for bail enforcement agents that is approved by the
commissioner.
The basic course of training must consist of at least 80 hours of
training which includes instruction in the following areas of the law:
(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;
Procedures for field operations, including, without limitation:
(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;
The skills required of bail enforcement agents, including, without limitation:
(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;
Principles of investigation, including, without limitation:
(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 into with
a surety; and
(2) Ethics; and following subjects:
(a) Demeanor in a courtroom;
(b) First aid used in emergencies; and
(c) Cardiopulmonary resuscitation.
An applicant may complete the 80 hours of training required by this
subsection by completing 16 hours of training each weekend for 5 weeks.
In lieu of completing the basic course of training required by
subsection 1, an applicant may submit proof to the commissioner that he
has completed a course of training required by a municipal, state or
federal law enforcement agency or a branch of the armed forces to carry
out the duties of a peace officer.
An applicant for a license as a bail enforcement agent must complete the
training required by this section within 9 months after the date he is
employed by a bail agent as a bail enforcement agent. The commissioner
shall issue a temporary license to an applicant who has not completed
the training if he is otherwise qualified to be issued a license as a
bail enforcement agent. The temporary license:
(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 written application for a license as a bail agent, general agent, bail
enforcement agent or bail solicitor must be filed with the commissioner
by the applicant, accompanied by the applicable fees. The application
form must include the social security number of the applicant and be
accompanied by the applicant's fingerprints, and must require full
answers to questions reasonably necessary to determine the applicant's:
(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.
The commissioner may require the submission of such other information as
may be required to determine the applicant's qualifications for the
license for which he applied.
The applicant must verify his application. An applicant for a license
under this chapter shall not knowingly misrepresent or withhold any fact
or information called for in the application form or in connection
therewith.
A written application for a license as a bail agent, general agent, bail
enforcement agent or bail solicitor must be filed with the commissioner
by the applicant, accompanied by the applicable fees. The application
form must be accompanied by the applicant's fingerprints, and must
require full answers to questions reasonably necessary to determine the
applicant's:
(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.
The commissioner may require the submission of such other information as
may be required to determine the applicant's qualifications for the
license for which he applied.
The applicant must verify his application. An applicant for a license
under this chapter shall not knowingly misrepresent or withhold any fact
or information called for in the application form or in connection
therewith.
697.183 An application for a license as a bail agent must be accompanied by:
Proof of the completion of a 6-hour course of instruction in bail bonds that is:
(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.
A written appointment by an authorized insurer as agent for bail bonds, subject to the issuance of the license.
A letter from a local law enforcement agency in the applicant's county of residence which indicates that the applicant:
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
Has not been convicted of an offense involving moral turpitude or the
unlawful use, sale or possession of a controlled substance.
697.186 An application for a license as a bail enforcement agent must be accompanied by:
Proof of compliance with the requirements set forth in NRS 697.173.
A letter from a local law enforcement agency in the applicant's county of residence which indicates that the applicant:
(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.
Each applicant for a license as a bail agent, bail solicitor or general
agent must file with the application, and thereafter maintain in force
while so licensed, a bond in favor of the people of the State of Nevada
executed by an authorized surety insurer. The bond may be continuous in
form with total aggregate liability limited to payment as follows:
(a) Bail agent ....................$25,000
(b) Bail solicitor .............. $10,000
(c) General agent ..............$50,000
The bond must be conditioned upon full accounting and payment to the
person entitled thereto of money, property or other matters coming into
the licensee's possession through bail bond transactions under the
license.
The bond must remain in force until released by the commissioner, or
canceled by the surety. Without prejudice to any liability previously
incurred under the bond, the surety may cancel the bond upon 30 days'
advance written notice to the licensee and the commissioner.
697.200 Examination for license as bail agent, bail enforcement agent or bail solicitor.
Any natural person who intends to apply for a license as a bail agent,
bail enforcement agent or bail solicitor must personally take and pass a
written examination of his competence to act as such. After passing the
examination, the person may apply to the commissioner for such a
license.
The scope of the examination must be as broad as the bail bond business.
The examination must be administered by the commissioner or an entity approved by the commissioner.
680B.010 Fees.
Licenses, appointments and renewals for bail agents:
(a) Application and license ............................ $78
(b) Initial appointment by each surety insurer ..$5
(c) Triennial renewal of each license ........ ....$78
Licenses and renewals for bail enforcement agents:
(a) Application and license ........................... $78
(b) Triennial renewal of each license ............. $78
Licenses, appointments and renewals for general bail agents:
(a) Application and license ...................... $78
(b) Initial appointment by each insurer ....... $5
(c) Triennial renewal of each license .......... $78
Licenses and renewals for bail solicitors:
(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.
If the commissioner finds that the application is complete, that the
applicant has passed all required examinations and is otherwise
qualified for the license applied for, he shall promptly issue the
license. Otherwise, the commissioner shall refuse to issue the license
and promptly notify the applicant and the appointing insurer, if the
application is for a bail agent's or general agent's license, or the
employer, if the application is for a bail solicitor's license, of such
refusal, stating the grounds for the refusal.
All fees required to be paid pursuant to this chapter shall be deemed earned when paid and may not be refunded.
697.230 Deals with the expiration and renewal of licenses.
697.240 Appointment of bail agents.
Each insurer appointing a bail agent shall file with the commissioner a
written appointment and pay the applicable fee for the appointment.
Each appointment remains in effect until the bail agent's license is
revoked or otherwise terminated, or there is an earlier termination of
the appointment.
No insurer may appoint a bail agent whose contingent liability exceeds
an amount equal to 10 times his reserve account unless the appointment
is first approved by the commissioner.
697.250 Deals with termination of appointment.
697.270 Registration of bail agents.
A bail agent shall not become a surety on an undertaking unless he has
registered in the office of the sheriff and with the clerk of the
district court in which the agent resides, and he may register in the
same manner in any other county. Any bail agent shall file a certified
copy of his appointment by power of attorney from each insurer which he
represents as agent with each of such officers. The bail agent shall
register and file a certified copy of renewed power of attorney annually
on July 1. The clerk of the district court and the sheriff shall not
permit the registration of a bail agent unless the agent is licensed by
the commissioner.
Notice of Forfeiture
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.
If the defendant fails to appear when his presence in court is lawfully
required for the commission of a misdemeanor and the failure to appear
is not excused or is lawfully required for the commission of a gross
misdemeanor or felony, the court shall:
(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 at the same time that notice is
given to each surety or the depositor.
Except as otherwise provided in subsection 3 and NRS 178.509, the
undertaking or money deposited instead of bail bond is forfeited 180
days after the date on which the notice is mailed pursuant to subsection
1.
The court may extend the date of the forfeiture for any reasonable
period set by the court if the surety or depositor submits to the court:
(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 on the ground that 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.
State v. American Bankers Ins. Co., 106 Nev. 880, 802 P.2d 1276 (1990).
Literal compliance is necessary. -- The legislature adopted an express
notice requirement in order to draw a well-defined line. In adopting a
specific notice requirement to sureties and their agents, the
legislature did not create a basis for determining that substantial
compliance is sufficient; literal compliance is necessary in order to
give force and effect to the 1987 amendment to this section.
Allotted Time between Forfeiture Declaration and Payment Due Date.
(See #3 above in the outline, subset A – (c).)
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.
Forfeiture Defenses.
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.
NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178. GENERAL PROVISIONS. Bail 178.522
Exoneration of bail.
When the condition of the bond has been satisfied or the forfeiture
thereof has been set aside or remitted, the court shall exonerate the
obligors and release any bail. The court shall exonerate the obligors
and release any bail at the time of sentencing the defendant, if the
court has not previously done so unless the money deposited by the
defendant as bail must be applied to satisfy a judgment pursuant to
178.528.
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.
C. (See also, "extensions" for forfeiture under #3 of this outline).
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.
Bail Agent’s Arrest Authority.
NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178. GENERAL PROVISIONS. Bail 178.526
Arrest of defendant.
For the purpose of surrendering a defendant, a surety, at any time
before the surety is finally discharged, and at any place within this
state, may, by:
(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.
A bail agent or bail enforcement agent who arrests a defendant in this
state or any other jurisdiction is not acting for or on behalf of this
state or any of its political subdivisions.
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.
For the purpose of surrendering a probationer, a surety, at any time
before it is finally discharged, and at any place within the state, may,
by a written authority endorsed on a certified copy of the undertaking,
cause the probationer to be arrested by a bail agent or bail
enforcement agent who is licensed pursuant to chapter 697 of NRS.
Other Noteworthy Provisions.
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.
Every bail agent shall have and maintain in this state a place of
business accessible to the public, wherein the licensee principally
conducts transactions under his license. The address of his principal
place of business must appear upon the application for a license and
upon the license, when issued, and the licensee shall promptly notify
the commissioner of any change in that address. This subsection does not
prohibit a licensee from conducting business in his residence in this
state.
The licenses of the licensee, and those of others employed by him, and
the fees charged for services rendered must be conspicuously displayed
in his principal place of business in a part or area customarily open to
the public.
The bail agent shall keep at his principal place of business the records required under NRS 697.290.
697.290 Records of bail agent.
Every bail agent must maintain in his office such records of bail bonds,
and such additional information as the commissioner may reasonably
require, executed or countersigned by him to enable the public to obtain
all necessary information concerning the bail bonds for at least 1 year
after the liability of the surety has been terminated. The records must
be open to examination by the commissioner or his representatives at
all times, and the commissioner at any time may require the licensee to
furnish to him, in such manner or form as he requires, any information
kept or required to be kept in the records.
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.
After apprehending a defendant in this state, a bail agent or bail
enforcement agent shall immediately or without undue delay notify in
person or by telephone the local law enforcement agency of the
jurisdiction in which the defendant was apprehended of:
(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.
Before forcibly entering an inhabited dwelling in this state, a bail
agent or bail enforcement agent shall notify the local law enforcement
agency of the jurisdiction in which the dwelling is located.
A bail agent or bail enforcement agent who violates the provisions of this section is guilty of a misdemeanor.
As used in this section, "inhabited dwelling" means any structure,
building, house, room, apartment, tenement, tent, conveyance, vessel,
boat, vehicle, house trailer, travel trailer, motor home or railroad car
in which the owner or other lawful occupant resides.
697.340 Prohibited acts; persons who may not be bail agents, bail enforcement agents or bail solicitors.
697.188
A person who is licensed as a general agent, bail agent or bail
solicitor on October 1, 1997, is entitled to renew his license after
that date if he is otherwise qualified to be issued such a license and
submits to the commissioner a letter from a local law enforcement agency
in his county of residence which indicates that he:
(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 natural person who applies for the issuance or renewal of a bail
agent's, general agent's, bail enforcement agent's or bail solicitor's
license shall submit to the commissioner the statement prescribed by the
welfare division of the department of human resources pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
The commissioner shall include the statement required pursuant to subsection 1 in:
(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 bail agent's, general agent's, bail enforcement agent's or bail
solicitor's license may not be issued or renewed by the commissioner if
the applicant is a natural person who:
(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.
If an applicant 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, the commissioner
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
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.
"Bail solicitor" means a person employed by a bail agent to solicit bail transactions as a representative of the bail agent.
697.260 Bail solicitors: Special requirements.
697.170 Bail solicitor: Qualifications.
Except as otherwise provided in subsection 2, a person is entitled to
receive, renew or hold a license as a bail solicitor if he:
(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.
Except as otherwise provided in NRS 697.188, a person is not entitled to
receive, renew or hold a license as a bail solicitor if he:
(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.
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.
A reasonable number of calls must include one completed call to a friend or bail agent and one completed call to an attorney.
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.
A defendant charged with the commission of a category A or B felony who is admitted to bail on a surety bond and who:
While admitted to bail, is taken into custody in the same jurisdiction
in which he was admitted to bail and is charged with the commission of
another category A or B felony; and
Is ordered to be released from custody without bail, must not be
released from custody pursuant to NRS 178.4851 until the law enforcement
agency that conducted the initial booking procedure for the defendant
for the subsequent felony has notified the bail agent that issued the
surety bond of the release of the defendant.
NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 679B.
COMMISSIONER OF INSURANCE. Examinations 679B.240 Examination of holding
companies, subsidiaries, agents, promoters and others.
To ascertain compliance with law, or relationships and transactions
between any person and any insurer or proposed insurer, the commissioner
may, as often as he deems advisable, examine the accounts, records,
documents and transactions relating to such compliance or relationships
of bail agents, or any other person the commissioner has reason to
believe may be acting as or holding himself out as a bail agent.
NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE.CHAPTER 697. BUSINESSES RELATED TO BAIL 697.360
Applicability of other provisions.
Licensed bail agents, bail solicitors and general agents are also
subject to the following provisions of this code, to the extent
reasonably applicable:
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.
Noteworthy State Appellate Decisions.
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.
State appealed decision of the Eighth Judicial District Court
exonerating bail bonds due to failure to mail notice to surety and local
agent until 20 days after defendant's failure to appear. The Supreme
Court held that statute, which states that court shall order notice to
be given to the bail bond surety and local agent by certified mail
within 15 days after defendant's failure to appear, is mandatory, rather
than directory. Exoneration of bail forfeiture was Affirmed.
WILSHIRE INSURANCE CO., doing business as Jack's Bail Bonds, Appellant, v.
The STATE of Nevada, Respondent.
Supreme Court of Nevada.
Aug. 9, 1978.
The Eighth Judicial District Court, Clark County entered an order
denying motion to exonerate bail bond and forfeited bond, and the surety
appealed. The Supreme Court, Manoukian, J., held that:
(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.
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.
Bounty Hunter Provisions.
(See above provisions for Bail Enforcement Agents)
