MINNESOTA: Bail Enforcement Agent
MINNESOTA State Laws
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Applicable Statutes. Click here for direct law link
MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL.
MINNESOTA STATUTES ANNOTATED CRIMINAL PROCEDURE CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL WARRANTS; BAIL BONDS.
Licensing Requirements for Agents.
*** Minnesota’s statutes currently do not contain regulations for regarding the licensing of bail bond recovery or bail enforcement agents. The closest equivalent in the MN statutes are the following regulations for those in the "bail bond business." ***
MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
(a) Approval of Bond Procurers Required. No person shall engage in the business of procuring bail bonds, either cash or surety, for persons under detention until an application is approved by a majority of the judges in the judicial district. The application form shall be obtained from the court administrator. The completed application shall then be filed with the administrator stating the information requested and shall be accompanied by verification that the applicant is licensed as an insurance agent by the Minnesota Department of Commerce. The approval granted under this rule may be revoked or suspended by the chief judge of the judicial district or the chief judge's designee and such revocation or suspension shall apply throughout the State of Minnesota.
(b) Corporate Sureties. Any corporate surety on a bond submitted to the judge shall be one approved by a majority of the judges of the judicial district and authorized to do business in the State of Minnesota.
Notice of Forfeiture
MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
(e) Forfeiture of Bonds. Whenever a bail bond is forfeited by a judge, the surety and bondsman shall be notified by the court administrator in writing, and be directed to make payment in accordance with the terms of the bond within ninety (90) days from the date of the order of forfeiture. A copy of the order of forfeiture shall be forwarded with the notice.
Allotted Time between Forfeiture Declaration and Payment Due Date.
(See above).
Forfeiture Defenses.
MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
(f) Reinstatement. Any motion for reinstatement of a forfeited bond or cash bail shall be supported by a petition and affidavit and shall be filed with the court administrator. A copy of said petition and affidavit shall be served upon the prosecuting attorney and the principal of the bond in the manner required by Minn.R.Civ.P. 4.03(3)(1). A petition for reinstatement filed within ninety (90) days of the date of the order of forfeiture shall be heard and determined by the judge who ordered forfeiture, or the chief judge.
Reinstatement may be ordered on such terms and conditions as the court may require. A petition for reinstatement filed between ninety (90) days and one hundred eighty (180) days from date of forfeiture shall be heard and determined by the judge who ordered forfeiture or the judge's successor and reinstatement may be ordered on such terms and conditions as the court may require, but only with the concurrence of the chief judge and upon the condition that a minimum penalty of not less than ten percent (10%) of the forfeited bail be imposed. No reinstatement of a forfeited bail or cash bail shall be allowed unless the petition and affidavit are filed within one hundred eighty (180) days from the date of the order of forfeiture.
Remission.
MINNESOTA STATUTES ANNOTATED CRIMINAL PROCEDURE CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL WARRANTS; BAIL BONDS 629.59. Allowing court to forgive bond forfeiture penalty
When an action is brought in the name of the state against a principal or surety in a recognizance entered into by a party or witness in a criminal prosecution, and the penalty is judged forfeited, the court may forgive or reduce the penalty according to the circumstances of the case and the situation of the party on any terms and conditions it considers just and reasonable.
Bail Agent’s Arrest Authority.
MINNESOTA STATUTES ANNOTATED CRIMINAL PROCEDURE CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL WARRANTS; BAIL BONDS 629.63. Conditions under which surety may arrest defendant
If a surety believes that a defendant for whom the surety is acting as bonding agent is (1) about to flee, (2) will not appear as required by the defendant's recognizance, or (3) will otherwise not perform the conditions of the recognizance, the surety may arrest or have another person or the sheriff arrest the defendant.
If the surety or another person at the surety's direction arrests the defendant, the surety or the other person shall take the defendant before the judge before whom the defendant was required to appear and surrender the defendant to that judge.
If the surety wants the sheriff to arrest the defendant, the surety shall deliver a certified copy of the recognizance under which the defendant is held to the sheriff, with a direction endorsed on the recognizance requiring the sheriff to arrest the defendant and bring the defendant before the appropriate judge.
Upon receiving a certified copy of the recognizance and payment of the sheriff's fees, the sheriff shall arrest the defendant and bring the defendant before the judge.
Before a surety who has arrested a defendant who has violated the conditions of release may personally surrender the defendant to the appropriate judge, the surety shall notify the sheriff.
Other Noteworthy Provisions.
MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
(h) Bonding Privilege Suspension. A failure to make payment on a forfeited bail within ninety (90) days as above provided shall automatically suspend the surety and its agent from writing further bonds. Such suspension shall apply throughout the State of Minnesota and shall continue for a period of thirty (30) days from the date the principal amount of the bond is deposited in cash with the court administrator.
MINNESOTA STATUTES ANNOTATED JUDICIAL PROCEDURE, DISTRICT COURT CHAPTER 542. VENUE OF ACTIONS 542.04. Actions on forfeited bail bonds
Actions and proceeding prosecuted upon forfeited bail bonds or recognizances shall be heard and tried in the county in which the forfeiture was adjudged.
(Pending legislation in MN. The most relevant provisions for bail enforcement only are listed). 1999 Minnesota House File No. 837, Minnesota 81st Regular Session Introduced Version Date February 18, 1999
VERSION: Introduced
March 1, 1999
Cassell
A bill for an act relating to firearms; providing that permits to carry a firearm must be issued to responsible, competent adults; amending Minnesota Statutes 1998, section 624.714, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 1998, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, 10, and 12.
(c) An applicant shall submit to the application processing agency an application packet consisting of only the following items: +>>
(3) a photocopy of a certificate, affidavit, or other document that is submitted as applicant's evidence of competence; +>>
(d) For the purposes of this subdivision, "evidence of competence" means any one of the following activities accomplished within five years prior to the date the application is filed: +>>
(4) completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, bail enforcement agents, or any division or subdivision of law enforcement or security enforcement, and conducted by a certified instructor; +>>
Noteworthy State Appellate Decisions.
State v. Brenteson
2000 WL 1617839
Minn.App.
Oct 31, 2000
Appellant Bartsh Bail Bonds posted appearance bonds of $15,000 and $20,000 on behalf of defendants Tina Brenteson and John Howard Rose. When defendants failed to appear for scheduled court hearings, the district court ordered the bail bonds forfeited. Following the subsequent apprehension of Brenteson and surrender by Rose, appellant made a motion for reinstatement and discharge of the bail. Appellant contends the district court erred by granting its motion subject to a requirement that it pay penalties of $7,500 and $10,000. We affirm.
State v. Williams
568 N.W.2d 885
Minn.App.
Sep 16, 1997
The District Court, Wright County, Dale Mossey, J., ordered forfeiture of bail bond and suspended surety, after obligor twice failed to appear in court. Surety appealed. The Court of Appeals, Short, J., held that: (1) trial court did not abuse discretion in ordering forfeiture, even though surety apprehended obligor one time and assisted in his apprehension second time, and (2) suspension for failure to pay forfeited bond was mandatory. Affirmed and motion granted.
State v. Tapia
468 N.W.2d 342
Minn.App.
Apr 16, 1991
In prosecution of bail bondsman for two counts of first-degree burglary, the District Court, Hennepin County, Franklin J. Knoll, J., denied bondsman's motion to dismiss for lack of probable cause, and certified question. The Court of Appeals, Kalitowski, J., held that bail bondsman lacked authority to forcibly enter private dwelling of third party to arrest principal who had jumped bond on misdemeanor charge.
State v. Cooper
147 Minn. 272, 180 N.W. 99.
(1920)
The county attorney's oral agreement with accused's attorney that accused need not appear for trial until after his discharge from the army, entered into without the knowledge or consent, either of the surety on the bail bond or of the court, did not discharge surety's obligation to produce accused for trial when notified to do so.
Bounty Hunter Provisions.
At this time, there appear to be no specific regulations for "Bounty Hunters" in the Minnesota statutes. Please note 9.C. above.
Re: MINNESOTA: Bail Enforcement Agent
Ok, I am not sure if this is the best place for this question but I figured it would be worth the slap on the wrist as it is driving me insane lol.
I am reading into what exactly an agent is allowed to use during the arrest, example being I am only 18 meaning that I can not get a carry license for a handgun. So I thought I would look into the MN laws about shotguns and rifles. Here is what I have found:
"624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES.
Subdivision 1.Definitions.
For purposes of this section, the following terms have the meanings given them.
(a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter.
(b) "Carry" does not include:
(1) the carrying of a BB gun, rifle, or shotgun to, from, or at a place where firearms are repaired, bought, sold, traded, or displayed, or where hunting, target shooting, or other lawful activity involving firearms occurs, or at funerals, parades, or other lawful ceremonies;
(2) the carrying by a person of a BB gun, rifle, or shotgun that is unloaded and in a gun case expressly made to contain a firearm, if the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the firearm is exposed;
(3) the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714;
(4) the carrying of an antique firearm as a curiosity or for its historical significance or value; or
(5) the transporting of a BB gun, rifle, or shotgun in compliance with section 97B.045.
(c) "Public place" means property owned, leased, or controlled by a governmental unit and private property that is regularly and frequently open to or made available for use by the public in sufficient numbers to give clear notice of the property's current dedication to public use but does not include: a person's dwelling house or premises, the place of business owned or managed by the person, or land possessed by the person; a gun show, gun shop, or hunting or target shooting facility; or the woods, fields, or waters of this state where the person is present lawfully for the purpose of hunting or target shooting or other lawful activity involving firearms.
Subd. 2.Penalties.
Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon, as defined in section 624.712, subdivision 7, on or about the person in a public place is guilty of a felony.
Subd. 3.Exceptions.
This section does not apply to officers, employees, or agents of law enforcement agencies or the armed forces of this state or the United States, or private detectives or protective agents, to the extent that these persons are authorized by law to carry firearms and are acting in the scope of their official duties."
So I may not be the brightest person but I figured I would dig into the laws myself instead of just coming out and asking what the rules were, but I have been reading them laws for the past hour and they get really confusing :confused:
Would a Bail Enforcement Agent fall under the list there at the end?
Also, if this is a bad place to be asking questions could someone be so kind enough as to point me to the right section? :D
Re: MINNESOTA: Bail Enforcement Agent
Bail Enforcement regulations are entirely different from local laws that regulate any firearm. You should contact your local police or sherriff department and ask them if an 18 year old can carry a rifle or shotgun in public without any special permit, even if it is for recreational or for potential defense.
Re: MINNESOTA: Bail Enforcement Agent
Quote:
Originally Posted by
Cynthia Ford
Bail Enforcement regulations are entirely different from local laws that regulate any firearm. You should contact your local police or sherriff department and ask them if an 18 year old can carry a rifle or shotgun in public without any special permit, even if it is for recreational or for potential defense.
Oh ok thanks. But wait, Minnesota doesn't have any regulations on Bail Enforcement I thought, so wouldn't they then be the same as local laws? And I have been going to the station these past few days, I am surprised I didn't think about that question. I'll do that here the next time I go in.
Re: MINNESOTA: Bail Enforcement Agent
Quote:
Originally Posted by
James Kaiser
Oh ok thanks. But wait, Minnesota doesn't have any regulations on Bail Enforcement I thought, so wouldn't they then be the same as local laws? And I have been going to the station these past few days, I am surprised I didn't think about that question. I'll do that here the next time I go in.
I was responding to your post about carrying rifles and shotguns, not about bounty laws.
If there are no bounty laws, then you could perform bounty work without the use of any firearm. If you wish to use a firearm, then the firearm laws would apply, which is separate from the bounty laws.
Same thing for working as a private investigator with or without a firearms permit. A PI can work without a firearm, but may be required to obtain an additional firearm permit as a bodyguard.
Re: MINNESOTA: Bail Enforcement Agent
Ah much better. Thanks Cynthia.
Re: MINNESOTA: Bail Enforcement Agent
From Internet Resource:
Quote:
Minnesota does not have any laws pertaining directly to Bounty Hunters. However, the Department of Commerce in the state does regulate bail bond agents and those in the “bail bond business.” In addition, individuals in the bail bond business do have the authority to make arrests or have an “other individual”, or a Bounty Hunter, make an arrest if the defendant is “(1) about to flee, (2) will not appear as required by the defendant's recognizance, or (3) will otherwise not perform the conditions of the recognizance.” Thus, arrests may be made by private individuals or by a sheriff to whom the surety pays a fee, similar to a Bounty Hunter.
How to Become a Bounty Hunter in Minnesota
To become a Bounty Hunter in Minnesota one must either go into business as a surety on their own or become employed by an insured bail bond business. To become a surety it is necessary to apply to the Department of Commerce and have your application approved by a majority of judges in the district in which you wish to engage in business. Alternatively, to become employed by a licensed business, one must find bail bond companies in the area in which they wish to operate and contact them about employment. It is more than likely that they will require proof of competence in skip tracing and fugitive recovery, which can be achieved through formal training and education or prior experience in private investigation or a related field.
Minnesota Bounty Hunter Licenses and Requirements
There are no specific licenses and requirements for Bounty Hunters in Minnesota.
