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Thread: NEW YORK: Bounty Hunter/Fugitive Enforcement

  1. #1
    Omar Castro's Avatar
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    Exclamation New York State: Bounty Hunter/Fugitive Enforcement

    UPDATED: SEPTEMBER 1, 2010:

    Go here:
    http://www.dos.state.ny.us/licensing...bailagent.html

    1. Bail Enforcement Agents (Bounty Hunters) may be employed by a Licensed Private Investigative Agency.

    2. Bail Enforcement Agents (Bounty Hunters) may be employed by a Licensed Bail Bonds Agency.


    • Summary of Instructions as an employed BEA:
      Locate a licensed private investigator agency and have the owner sign the following document:

      Support Staff Employee's Statement : Click Here
      For: Private Investigator, Bail Enforcement Agent, Watch, Guard, or Patrol Agency

    • In addition to completing the above document, you will need to have your FINGERPRINTS TAKEN before submitting the form.

    • Your employer MUST assign you an internal Employee Number on the above form, which will be used exclusively for you and no one else.

    • Attach a copy of the Certification for Completion of the 25 hour course of instruction for New York Bail Enforcement Agency Employees from an APPROVED SCHOOL. Click here


    Summary Interpretation: Therefore, if you do not personally have an agency license, then you are required to have your employer sign and submit the above application in order for you to receive your pocket ID card.

    PREVIOUS 2002 INFORMATION:
    NYS Department of State Licensing Services

    Bail Enforcement Agents (a/k/a Bounty Hunters): General Information
    Effective April 1, 2001, Article 7 will be amended to include a new licensing category: Bail Enforcement Agent (BEA) a/k/a Bounty Hunter.

    A BEA is defined as an individual or entity who (for a fee) apprehends individuals who have failed to appear on bond or bail and surrenders them to the appropriate jail or to court.

    Employer
    Any NON-private investigator business entity that wishes to engage in bail enforcement MUST be licensed as a BEA and comply with the licensing requirements, training (25 hours), and background checks.

    PIs
    This amendment does NOT have any impact on private investigators (PIs). PIs (whether new to the field or existing) AND their employees can continue engaging in bail enforcement WITHOUT further licensing requirements or training.

    http://www.dos.state.ny.us/lcns/prof...bailfacts.html

    Licensing Requirements for Agents.

    *** New York’s statutes on the licensing of "Professional Bondsman" are very lengthy. Therefore, in an effort to be brief only the first several, and most relevant provisions are given below. See the statute in full for all relevant licensing provisions. *** see http://www.ins.state.ny.us/abindx.htm

    http://www.americanbailcoalition.com...ail%20Laws.htm

  2. #2
    Omar Castro's Avatar
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    Exclamation Licensing Laws : New York State

    Here are the NYS DOS Lic. requirements for BEA. I hope this helps out some.
    DIVISION OF LICENSING SERVICES
    Here you can check for other lic. NYS has to offer including PI and SG or ASG, etc.

    BAIL ENFORCEMENT AGENT

    Bail Enforcement Agents (a/k/a Bounty Hunters): General Information

    Effective April 1, 2001, Article 7 will be amended to include a new licensing category: Bail Enforcement Agent (BEA) a/k/a Bounty Hunter.
    A BEA is defined as an individual or entity who (for a fee) apprehends individuals who have failed to appear on bond or bail and surrenders them to the appropriate jail or to court.
    Employer
    Any NON-private investigator business entity that wishes to engage in bail enforcement MUST be licensed as a BEA and comply with the licensing requirements, training (25 hours), and background checks.
    PIs
    This amendment does NOT have any impact on private investigators (PIs). PIs (whether new to the field or existing) AND their employees can continue engaging in bail enforcement WITHOUT further licensing requirements or training.
    Business Practice Requirements
    The BEA business and its employees must comply with virtually all the business practice requirements currently in place for PIs and WGPs. Additionally, BEAs must notify local police before attempting to apprehend a fugitive. The form of such notification is to be determined by the local law enforcement agency. Local law enforcement officials may accompany the bail enforcement agent to the site of the intended apprehension. BEAs cannot wear clothes or carry a badge suggesting they are an agent of the state or federal government.
    Licensing Requirements
    Qualifier:
    Experience - Three years' experience as a police officer; an investigator in an agency of the state, county, or federal government; or an employee of a licensed private investigator or at a firm, partnership, company, or corporation where one member has been performing the duties described in the definition of bail enforcement agent; OR twenty years' experience as a police officer or fire marshal
    Education - Completion of a training program not less than 25 hours as approved by the Secretary of State (Training may be waived when the person has served as police officer for not less than three years.)
    Freedom from Disqualifying Criminal Convictions - Fingerprints and $50 fingerprint fee (payable to DCJS) must be submitted with application for criminal history verification with DCJS. (This requisite also applies to officers, partners, or principles, as relevant.)
    Other:
    Bond - Surety bond in the sum of $500,000
    Application Fee
    The fee for each two-year term of licensure is $400 for an individual proprietary license and $500 for a corporate or business license.
    BEA Employee Requirements
    All staff: BEA entity must maintain in its files an Employee Statement for each of its staff and submit a fingerprint card and $50 fingerprint fee (payable to DCJS) to the Department of State.
    Staff actually engaged in the apprehension and return of a fugitive: BEA entity must maintain in its files an Employee Statement for each of its staff and submit a fingerprint card and $50 fingerprint fee (payable to DCJS) to the Department of State. Additionally, it must complete 25-hour training.
    Bounty Hunter Fact Sheet 03-21-2001
    Omar
    Last edited by Omar Castro; 02-13-2003 at 01:05 PM.

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    Omar Castro's Avatar
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    Last edited by Omar Castro; 02-13-2003 at 01:06 PM.

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    Mark Messare - is offline Lifetime Professional Management Member

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    This is good stuff, Thanks Omar.

  5. #5
    Omar Castro's Avatar
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    Lightbulb Here are some other sites that could help!

    These are people (business') within NYS that can help with classes and certification for licensing.

    NYBAA- New York Bail Agents Association and Fugitive Service

    S.A.F.E. Training

    VORP School of Bail Enforcement

    These should suffice for an interest within the business. Remember to stay motivated and be patient.

    Great things come to those whom wait...

    Omar
    Last edited by Omar Castro; 04-05-2004 at 07:04 AM.

  6. #6
    My name is Antonio Griffith.
    I am very interested in becoming a BAIL ENFORCEMENT AGENT.
    Could you point me in the right direction , as far steps I should take ?

  7. #7
    Omar Castro's Avatar
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    Depending on where you are in NYS there are many places you can attend to get cert.

    Let me know if you need any other places that can train and or certify you?
    Good luck.
    Quote Originally Posted by Omar Castro
    These are people (business') within NYS that can help with classes and certification for licensing.

    NYBAA- New York Bail Agents Association and Fugitive Service

    S.A.F.E. Training

    VORP School of Bail Enforcement

    These should suffice for an interest within the business. Remember to stay motivated and be patient.

    Great things come to those whom wait...

    Omar
    Omar

  8. #8
    David Martz - is offline Licensed Private Investigator

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    Hello Steven,
    If you go to the main forums page there is a Bounty Hunters Forum. I think alot of your questions will be answered there if not just ask and you will get an answer. Also I would like to welcome you to the Forums.
    Good Luck,
    David

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    Think there would be a problem for a 5ft petite person as a bount hunter?

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    Susanna,
    There is more than just arresting (taking into custody) the fugitive, there is many phone calls and computer skip tracing that is just as an important as the actual apprehension of the person. That s is where you would have the "big boys (as in size) step in and do the physical stuff. BEAs need more than brawn on their side, we need brains too. So your smarts could be used as well as someones big body. Keep reading and posting on these forums and you will find a spot that may be just for you, somewhere in this large field of PI, BEA, Security work.
    Take Care and I'll chat with you later.

    Brad

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    Brother Omar, a fellow traveler I see. I would love to speak with you sometime re: bail enforcement. I am currently picking up some recovery work from a local (Albany) bailbondsman and have tracked the skip to Boston where the trail goes cold.....any advice? Conventional computer checks don't seemto be turning up anything new. I've purchased a few reports but may have been suckered asthe info seems outdated.

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    Omar Castro's Avatar
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    Mr. Haber

    Quote Originally Posted by J D Haber
    Brother Omar, a fellow traveler I see. I would love to speak with you sometime re: bail enforcement. I am currently picking up some recovery work from a local (Albany) bailbondsman and have tracked the skip to Boston where the trail goes cold.....any advice? Conventional computer checks don't seemto be turning up anything new. I've purchased a few reports but may have been suckered asthe info seems outdated.
    I want to start off by apologizing as to not responding. I have been activated by the USMC since Dec. 2004 on and off since. I hope you were able to catch your bail/skip. If you would like to speak to me please use IM or my website.
    Otherwise it is when the trail gets cold that you find what you are looking for...
    O.A.C.V. Sr.

  13. #13
    Would i need to go through P.I. Training to become a bounty hunter?

  14. #14
    another question, the only way to become a bounty hunter, do we really have to pay almost 500 dollars for training, that's what i got from the vorp school of bail enforcement.

  15. #15
    Hugh Brown Jr's Avatar
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    Thanks for the information Omar I did not know this was offered in New York.

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    Thanks I will do just that.

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    While i am still unable to get into the level 4 topics, i still find alot of info , some pertaining, some maybe not. All info is interesting however and i appreciate it. If anyone knows i have a question.
    Does skip tracing work get better or worse during holidays? My thought is it would be better, perps getting homesick during holidays and all.
    Steve Lofing
    Trainee

  18. #18

    count me in

    Quote Originally Posted by Amir Aziz
    ATTENTION ANYONE INTERESTED IN BAIL ENFORCEMENT RECOVERY???We will be having a class for those interested in this rewarding field.Hurry classes in N.Y.C. ,seating is limited.

    hey amir how can i sign up for this program, count me in please

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    I'm just checking to see if this NY thread is still alive...

    *** Begins CPR ***

    Well, I am interested in become certified in NY / NYC / Long Island (if it make a difference). I would like to get the necessary training and hopefully find someplace on Long Isand I could start learning the ropes.

    Can anyone send me in the right direction? I have read and understand the requirements from the state. So if someone here has a NYS approved training center or knows of a GOOD school in NYC or Long Island... please let me know. I would much rather give my business to another member or friend of a member if possible.

    Thanks in advance!

    Rich

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    Quote Originally Posted by Amir Aziz
    Greetings Rich: As a matter of fact this does need some CPR. However we will be hosting a FugitiveRecovery/Bail Enforcement course.Includes all of the required hourly training and certifications in order to get started in this field not just in NY,NJ,PA but all over the U.S. although some states reqire a license,but in order to obtain the license you must have the required hourly training so you will be fine anywhere you go!!Please feel free to leave your information for our next upcoming class which will be somtime in mid July/August.1-888-579-2245=BAIL

    Amir,

    Thank you for the reply!

    Can you tell me the name of the training center? or a web address?

    Thanks!

    rich

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    I have taken the 25hr class in 03 still unable to find work can anyone help

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    Question Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    I don't know if I'm just not comprehending or if it's just so much to soak in right now. What I am trying to find out before I go on any further is: If someone has a Traffic Felony, will that keep them from being able to do bounty hunting work in New York State? I know someone who is doing this kind of work and he has a felony. He was on parole for 7 years. He said the difference between him and a non-felony person is he just can't get a permit to carry a gun. Is it true that a person then with a traffic felony can do bounty hunting work in New York State? Also, did I read correct that this site is offering a class for bounty hunting that would be acceptable in New York State? Thank you!

  23. #23

    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Quote Originally Posted by Letitia Alvarez View Post
    If someone has a Traffic Felony, will that keep them from being able to do bounty hunting work in New York State? I know someone who is doing this kind of work and he has a felony. He was on parole for 7 years. He said the difference between him and a non-felony person is he just can't get a permit to carry a gun. Is it true that a person then with a traffic felony can do bounty hunting work in New York State? Also, did I read correct that this site is offering a class for bounty hunting that would be acceptable in New York State? Thank you!
    1. What type of traffic felony?
    2. Was it probation or parole? (there is a difference)
    3. Where did you read about the NY Bounty Class? (Maybe it is over)

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Quote Originally Posted by Technical Support - USA View Post
    1. What type of traffic felony?
    2. Was it probation or parole? (there is a difference)
    3. Where did you read about the NY Bounty Class? (Maybe it is over)
    DWI - 2 within 5 years
    Probation
    I don't recall where I read about it. I did email the governer of NY. Emailed me back with all kinds of info and congratulating me on my new choice of direction in my life. He gave me all kinds of info on where to go, whom to contact, about government grants I can get so I can open my own bounty hunting business. I believe he also gave me links to where I could either get the training needed or where I could check on where to get the training needed. My sister is a sargent of the criminal dectective division of one of the P.D.'s in Florida and she agreed that I can do bounty hunting with the felony. Can't though in Florida if I have read the info correctly on that.

  25. #25
    Wardy Landrau - -'s Avatar
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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Good Evening;


    My name is Antonio Griffith.
    I am very interested in becoming a BAIL ENFORCEMENT AGENT.
    Could you point me in the right direction , as far steps I should take
    Welcome to the IPIU Forum. I see you are from NEW JERSEY.And you need information with the Bail Enforcement and the step you need to take.(1) The State Police took over the Bail Enforcement industrie.(2)http://nj.gov/oag/ this is the web page for the State Police in regard the BAIL ENFORCEMENT in NEW JERSEY and check this other forum for FUGITIVE RECOVERY http://www.fugitiverecovery.com/they are really good with information with school that legit in regard of school for Bounty Hunter check them out.And I when thru this school to take my State Exam for Bail bonds that another way you can do BAIL ENFORCEMENT work up in NEW JERSEY. https://affiliates.360training.com/j...surance-ce.cfm



    Wardy R Landrau
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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Good Evening:

    Letitia Alvarez



    DWI - 2 within 5 years
    Probation
    I don't recall where I read about it. I did email the governer of NY. Emailed me back with all kinds of info and congratulating me on my new choice of direction in my life. He gave me all kinds of info on where to go, whom to contact, about government grants I can get so I can open my own bounty hunting business. I believe he also gave me links to where I could either get the training needed or where I could check on where to get the training needed. My sister is a sargent of the criminal dectective division of one of the P.D.'s in Florida and she agreed that I can do bounty hunting with the felony. Can't though in Florida if I have read the info correctly on that.
    In Florida you couldn't do any type of work as a BOUNTY HUNTER.1 because is a Felony if you call yourself BOUNTY HUNTER and 2. becouse you have a Felony. Florida is one of the state that are really taff in regard Bails Bo


    Florida bail laws

    1. Applicable Statutes.

    FLORIDA STATUTES (FS) Chapter 648, Chapter 903
    FLORIDA ADMINISTRATIVE CODE (AR),
    Chapter 4-221


    Governance by Local Rule. Does not appear to allow local jurisdictions to modify statutes or regulations.
    2. Licensing Requirements.

    In order to undertake bail in Florida, a person must have a license [AR 4-221.001, FS 648.26, 648.30]. Florida law specifies two kinds of bail bond agent:

    (1) a limited surety agent, defined as a person appointed by an insurer to execute bail bonds [FS 648.25(6)],

    (2) a professional bail bond agent, defined as a person who pledges US currency as security for a bail bond [FS 648.25(7)].

    A. Qualifications for License.

    1) Bail bond agents [FS 648.34] must comply with the following for licensure:

    - an application submitted on forms prescribed by the Department of Insurance (DOI) [FS 648.34(1)],

    - have complied with FS 648.355 and obtained a temporary license,

    - be 18 years of age [FS 648.34(2)(a)],

    - be a resident of Florida [FS 648.34(2)(b)],

    - place of business must be located in a Florida county where records will be maintained and business actively conducted, accessible to the public during reasonable business hours [FS 648.34(2)(d)],

    - of good character with no convictions on a felony, crime of moral turpitude, or crime punishable by 1 year or more [FS 648.34(2)(e)],

    - passage of required examination (written [FS 648.38(1)-(10)]) [648.34(2)(f)],

    - payment of fee for background checks and credit report [FS 648.34(3)],

    - furnish photo and fingerprints with applications [FS 648.34(4)],

    - completion of 14 hours of continuing education courses every two years [FS 648.385].

    2) Professional bail bond agents have the same requirements as in FS 648.34, but in addition shall:

    - file with application a detailed financial report [FS 648.35(1)],

    - file a rating plan proposed for use in writing bail bonds which must be approved by the DOI [FS 648.35(2)].

    B. The regulatory body is the Department of Insurance (DOI) [FS 648.26].

    3. Notice of Forfeiture [FS 903.26]

    A. Conditions of a forfeiture

    - breach of the conditions of the bond and/or failure of defendant to appear [FS 903.26(2)(b)],

    - clerk of the court must mail a notice of forfeiture to surety agent and surety company within 5 days [FS 903.26(2)(a)].

    4. Forfeiture to Judgement.

    - forfeitures must be paid within 60 days of date of notice [FS 903.26(2)(a)],

    - if forfeiture is not paid within 60 days, the clerk of the court shall within 10 days furnish the DOI and the surety with a certification of the judgement docket [FS 903.27(1)],

    - if judgement is not paid within 35 days, the clerk informs the DOI and sheriff of jurisdiction a statement that the judgement is unsatisfied [FS 903.27(1)],

    - no sheriff can approve surety bail bonds from subject agent or company until such a judgement has been paid [FS 903.27(3)],

    - the surety/agent has 35 days to file a motion to set aside a judgment or stay [FS 903.27(5)],

    A. Tolling. If the defendant is returned to the court of jurisdiction, whenever a motion to set aside is filed, the operation of this section is tolled until the court makes its disposition [FS 903.27(1)].

    5. Forfeiture Defenses.

    - Unless the indictment is filed within 6 months of the arrest [FS 903.26(1)] and the clerk of the court gives 72 hours notice (exclusive of weekends and holidays) to surety of time of the defendant’s required appearance [FS 903.26(1)(b)], the bond cannot be forfeited,

    - the court at its discretion may determine that a defendant’s FTA may not warrant a forfeiture [FS 903.26(2)(b)],

    - impossible for defendant to appear because of circumstance beyond his control [FS 903.26(5)(a)],

    - defendant was confined in an institution, hospital, or prison [FS 903.26(5)(b)],

    - surrender or arrest of defendant if the delay has not thwarted prosecution [FS 903.26(5)(c)],

    - discharge of defendant [FS 903.26(5)(c)],

    - if defendant is arrested and returned to court of jurisdiction prior to judgement [FS 903.26(8)].

    6. Remission

    [FS 903.28] Remission can be granted up to two years subject to the following:

    - if defendant is returned with 90 days, remission may be up to 100% [FS 903.28(2)], within 180 days, remission up to 95% [FS 903.28(3)], within 270 days, up to 90% [FS 903.28(4)], within 1 year, 85% [FS 903.28(5)], within 2 years, 50% [FS 903.28(6)].

    7. Bail Agents Arrest Authority

    [FS 903.20]. A surety may arrest a principal for surrender to official custody before a forfeiture [FS 903.22] or within 2 years of the forfeiture date [FS 903.29].

    8. Other Noteworthy Provisions.

    All insurers shall have a licensed and appointed managing general agent who shall supervise their bail bond agents [AR 4-221.003, FS 648.388].

    Qualifications for prelicensing and continuing education classes and instructors [FS 648.386].

    9. Noteworthy State Appellate Decisions. (To be added.)

    10. Bounty Hunter Provisions. Florida does not allow bounty hunters.

    Apprehension of bail fugitives is only allowed as set forth in FS 648.30(2)&(3):

    (2) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in [Florida].

    (3) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a principal on a bond, wherever issued, unless that person is qualified, licensed, and appointed as provided in this chapter or licensed as a bail bond agent by the state where the bond was written.

    Violation of this is a 3rd class felony. [FS 648.30(4)].




    www.fldfs.com/Agents/Forms/forms.htm . This is the web page


    Wardy R Landrau
    #11059

  27. #27
    Mark Messare - is offline Lifetime Professional Management Member

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Hello everyone:

    I just wanted to let you all know that I understand your frustration because I have shared it too. I also got certified with the 25 hour Bail Enforcement course in 2003 and still have yet to break into the Bounty Hunting Industry in NY. The best way to do it Ive found is by obtaining a NY PI license. This is the cheapest way through it is difficult to acquire. I have a corporation my brother & I have set up in 2003 and now 6 years later I am setting up a Colorado corporation because of its requirements for Private Investigation. My goal is to use that corporation and sub-contract to licensed PI's in NY for three years while trying to obtain a NY license.

    Mark.

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Wardy, I am in New York, not Florida.


    Quote Originally Posted by Wardy Landrau - View Post
    Good Evening:

    Letitia Alvarez



    DWI - 2 within 5 years
    Probation
    I don't recall where I read about it. I did email the governer of NY. Emailed me back with all kinds of info and congratulating me on my new choice of direction in my life. He gave me all kinds of info on where to go, whom to contact, about government grants I can get so I can open my own bounty hunting business. I believe he also gave me links to where I could either get the training needed or where I could check on where to get the training needed. My sister is a sargent of the criminal dectective division of one of the P.D.'s in Florida and she agreed that I can do bounty hunting with the felony. Can't though in Florida if I have read the info correctly on that.
    In Florida you couldn't do any type of work as a BOUNTY HUNTER.1 because is a Felony if you call yourself BOUNTY HUNTER and 2. becouse you have a Felony. Florida is one of the state that are really taff in regard Bails Bo


    Florida bail laws

    1. Applicable Statutes.

    FLORIDA STATUTES (FS) Chapter 648, Chapter 903
    FLORIDA ADMINISTRATIVE CODE (AR),
    Chapter 4-221


    Governance by Local Rule. Does not appear to allow local jurisdictions to modify statutes or regulations.
    2. Licensing Requirements.

    In order to undertake bail in Florida, a person must have a license [AR 4-221.001, FS 648.26, 648.30]. Florida law specifies two kinds of bail bond agent:

    (1) a limited surety agent, defined as a person appointed by an insurer to execute bail bonds [FS 648.25(6)],

    (2) a professional bail bond agent, defined as a person who pledges US currency as security for a bail bond [FS 648.25(7)].

    A. Qualifications for License.

    1) Bail bond agents [FS 648.34] must comply with the following for licensure:

    - an application submitted on forms prescribed by the Department of Insurance (DOI) [FS 648.34(1)],

    - have complied with FS 648.355 and obtained a temporary license,

    - be 18 years of age [FS 648.34(2)(a)],

    - be a resident of Florida [FS 648.34(2)(b)],

    - place of business must be located in a Florida county where records will be maintained and business actively conducted, accessible to the public during reasonable business hours [FS 648.34(2)(d)],

    - of good character with no convictions on a felony, crime of moral turpitude, or crime punishable by 1 year or more [FS 648.34(2)(e)],

    - passage of required examination (written [FS 648.38(1)-(10)]) [648.34(2)(f)],

    - payment of fee for background checks and credit report [FS 648.34(3)],

    - furnish photo and fingerprints with applications [FS 648.34(4)],

    - completion of 14 hours of continuing education courses every two years [FS 648.385].

    2) Professional bail bond agents have the same requirements as in FS 648.34, but in addition shall:

    - file with application a detailed financial report [FS 648.35(1)],

    - file a rating plan proposed for use in writing bail bonds which must be approved by the DOI [FS 648.35(2)].

    B. The regulatory body is the Department of Insurance (DOI) [FS 648.26].

    3. Notice of Forfeiture [FS 903.26]

    A. Conditions of a forfeiture

    - breach of the conditions of the bond and/or failure of defendant to appear [FS 903.26(2)(b)],

    - clerk of the court must mail a notice of forfeiture to surety agent and surety company within 5 days [FS 903.26(2)(a)].

    4. Forfeiture to Judgement.

    - forfeitures must be paid within 60 days of date of notice [FS 903.26(2)(a)],

    - if forfeiture is not paid within 60 days, the clerk of the court shall within 10 days furnish the DOI and the surety with a certification of the judgement docket [FS 903.27(1)],

    - if judgement is not paid within 35 days, the clerk informs the DOI and sheriff of jurisdiction a statement that the judgement is unsatisfied [FS 903.27(1)],

    - no sheriff can approve surety bail bonds from subject agent or company until such a judgement has been paid [FS 903.27(3)],

    - the surety/agent has 35 days to file a motion to set aside a judgment or stay [FS 903.27(5)],

    A. Tolling. If the defendant is returned to the court of jurisdiction, whenever a motion to set aside is filed, the operation of this section is tolled until the court makes its disposition [FS 903.27(1)].

    5. Forfeiture Defenses.

    - Unless the indictment is filed within 6 months of the arrest [FS 903.26(1)] and the clerk of the court gives 72 hours notice (exclusive of weekends and holidays) to surety of time of the defendant’s required appearance [FS 903.26(1)(b)], the bond cannot be forfeited,

    - the court at its discretion may determine that a defendant’s FTA may not warrant a forfeiture [FS 903.26(2)(b)],

    - impossible for defendant to appear because of circumstance beyond his control [FS 903.26(5)(a)],

    - defendant was confined in an institution, hospital, or prison [FS 903.26(5)(b)],

    - surrender or arrest of defendant if the delay has not thwarted prosecution [FS 903.26(5)(c)],

    - discharge of defendant [FS 903.26(5)(c)],

    - if defendant is arrested and returned to court of jurisdiction prior to judgement [FS 903.26(8)].

    6. Remission

    [FS 903.28] Remission can be granted up to two years subject to the following:

    - if defendant is returned with 90 days, remission may be up to 100% [FS 903.28(2)], within 180 days, remission up to 95% [FS 903.28(3)], within 270 days, up to 90% [FS 903.28(4)], within 1 year, 85% [FS 903.28(5)], within 2 years, 50% [FS 903.28(6)].

    7. Bail Agents Arrest Authority

    [FS 903.20]. A surety may arrest a principal for surrender to official custody before a forfeiture [FS 903.22] or within 2 years of the forfeiture date [FS 903.29].

    8. Other Noteworthy Provisions.

    All insurers shall have a licensed and appointed managing general agent who shall supervise their bail bond agents [AR 4-221.003, FS 648.388].

    Qualifications for prelicensing and continuing education classes and instructors [FS 648.386].

    9. Noteworthy State Appellate Decisions. (To be added.)

    10. Bounty Hunter Provisions. Florida does not allow bounty hunters.

    Apprehension of bail fugitives is only allowed as set forth in FS 648.30(2)&(3):

    (2) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in [Florida].

    (3) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a principal on a bond, wherever issued, unless that person is qualified, licensed, and appointed as provided in this chapter or licensed as a bail bond agent by the state where the bond was written.

    Violation of this is a 3rd class felony. [FS 648.30(4)].




    www.fldfs.com/Agents/Forms/forms.htm . This is the web page


    Wardy R Landrau
    #11059

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    How does Law Enforcement & Bail Enforcement Background Checks differ? During Bail Enforcement Background Checks, do they interview friends & family just like they do to police recruits or do they only look for criminal records & past employment history?

    The State of New York Says that I have to serve as a police officer for 3 years. But can I replace those 3 years with either a 2 year or a 4 year college degree on criminal justice?

    Would being in college count as those years of experience?
    Can being part of an auxiliary force while in college help build a reference or experience?

    And am I allowed to carry a gun while on a Recovery Mission as long as I am licensed?

    Hope you guys can help me out with this. Thanks.

  30. #30
    John Sanderson - is offline Lifetime Professional Management Member

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    New York State,
    Fugitive Recovery Agent
    Licensing Requirements

    www.dos.state.ny.us/lcns/lawbooks/pibeawgpa.html

    1a. Every such applicant for a license as bail enforcement agent shall establish to the satisfaction of the secretary of state (a) if the applicant be a person, or (b) in the case of a firm, company, partnership, or corporation, at least one member of such firm, partnership, company or corporation, has been regularly employed, for a period of not less than three years, performing such duties or providing such services as described as those furnished by a bail enforcement agent in 71 of this article, as a sheriff, police officer in a city or county police department, or the division of state police, investigator in an agency of the state, county, or united states government, or employee of a licensed private investigator, or has had an equivalent position and experience or that such person or member was an employee of a police department who rendered service therein as a police officer for not less than 20 years or was an employee of a fire department who rendered service therein as a fire marshal for not less than 20 years.
    This information is current, and accurate. Verified by research into the New York State Laws.

  31. #31
    John Sanderson - is offline Lifetime Professional Management Member

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Quote Originally Posted by Richy Silver View Post
    How does Law Enforcement & Bail Enforcement Background Checks differ? During Bail Enforcement Background Checks, do they interview friends & family just like they do to police recruits or do they only look for criminal records & past employment history?
    I am not in New York, and have no experience in this therefore, I'm going to pass over this section of your post, in the hopes that someone who has gone through this process as a fugitive recovery agent, license applicant, will reply.

    The State of New York Says that I have to serve as a police officer for 3 years. But can I replace those 3 years with either a 2 year or a 4 year college degree on criminal justice?
    Your statement here is untrue. As you can see in my last post, experience as a police officer can be used when applying for a fugitive recovery license, but is not a requirement.

    Your time spent here, in these forums can be used as a third party certification of hours for a PI license. As I understand from what I have read in the quote in my last post, and the link in the same, your time here could also be used for your FRA license (requires more research).

    Richy's Question:
    Would being in college count as those years of experience?
    NY State License Excerpt:
    shall establish to the satisfaction of the secretary of state
    If your college education included some type of criminal justice or related course, I would suggest contacting the secretary of state to inquire. I believe that there is a possibility.

    Richy's Question:
    Can being part of an auxiliary force while in college help build a reference or experience?
    NY State License Excerpt:
    sheriff, police officer in a city or county police department, or the division of state police, investigator in an agency of the state, county, or united states government
    As it appears yes. If the department is empowered with authority under one of the officials listed above, I would believe yes. I would suggest again, to contact the NY Secretary of State for clarification.

    And am I allowed to carry a gun while on a Recovery Mission as long as I am licensed?
    Yes, and no. A separate license is likely to be required. I am aware that some or all NY security companies wear the uniform of the NYPD, so I can't be sure of the answer I'd provided. I would suggest that you research this further, through the agencies that issue the licenses.
    _____________________________________________

    Summary

    You may become licensed if you have experience in security, investigations, law enforcement, and more.

    The primary part of becoming a successful investigator, FRA, or any other legal profession, is checking your information, and researching the laws that govern what you wish to do. The first post in this thread may very well have been accurate at the time that it was posted, but a lot of laws were changed since then. If you receive information, always double check it through your own research. We all try to keep the information current on the forums, but, a law can change over night, and result in you being arrested tomorrow for what was legal yesterday.

    When it comes to advice received from others, remember this quote, which was posted to me:
    There are good people, but trust must be verified.
    In your situation, I would interpret this to mean that a friend could try to help by providing advice, but are you sure he is correct, or is he guessing?

    As you progress in this great union, you'll learn how to find these things. I'll visit your intro soon to welcome you properly.

    Hope you guys can help me out with this. Thanks.
    You are very welcome, it's my pleasure!

  32. #32
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    Question Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    The only fact that I'm confused about is this. Let's say I have my state issued PI License in NY. It states that PI's can operate as Bail Enforcement agents in NY, but at the same time from my understanding, PI's do not have arresting powers. I'm assuming that if I'm a licensed PI I would still have to go get the certifications? Baton, handcuff, etc?

  33. #33
    John Sanderson - is offline Lifetime Professional Management Member

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Quote Originally Posted by Joseph Lebron View Post
    The only fact that I'm confused about is this. Let's say I have my state issued PI License in NY. It states that PI's can operate as Bail Enforcement agents in NY, but at the same time from my understanding, PI's do not have arresting powers.
    As I understand from reading the entire law, provided in the link above, if you are a licensed private investigator you can operate as a bounty hunter. The apprehension of a fugitive is not be considered in any capacity, to be general arrest powers, such as what law enforcement officers are empowered with.

    Very respectfully, if you have these questions I strongly urge you to obtain training as a bounty hunter, or more professionally known as: Fugitive Recovery Agent, or as you have referred: Bail Enforcement Agent.

    The union provides training at a discount to members, and has opened a separate forum for this subject (link also provided above). Because of this, I would blatantly violate my oath and code to disclose information contained therein. I can say that I have purchased and studied the material, and feel completely competent in my knowledge and operation in this field, as a result of my IPIU studies.

    I can only say that the authority of a Fugitive Recovery Agent comes mainly from the Bondsman who wrote the bail bond, and by laws set in place to govern this act. I firmly caution you that the laws governing this field are strict, and forever unforgiving (BEA's end up in prison all to often for not learning the laws.). I implore anyone who has the desire to get into this field, obtain certification even if the state the reader is in does not regulate this field, such as in my state (Maryland).


    I'm assuming that if I'm a licensed PI I would still have to go get the certifications? Baton, handcuff, etc?
    Most states require a license or permit to carry items that fall into this category. I suggest that you contact your state's licensing authority for details. BEA's are also limited to what they may carry for weapons as well. Maryland allows BEA's to carry only 357's 40's and 45's. they also require separate permits for body armor, batons, pepper spray, and so on.

    I hope this helps.

  34. #34
    Joseph Lebron--'s Avatar
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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Thank you for the info, it really did help. I will also join that forum as well, but at a later time.

  35. #35
    John Sanderson - is offline Lifetime Professional Management Member

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    I think I see where your questions are headed.

    By obtaining a BEA license, you can only work in that business.

    If you have a security license, you can operate as a BEA.

    If you have a PI License, you can work all of the above fields.

  36. #36
    Billy Quinones is offline Licensed Private Investigator

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    I am curious as to what types of actual less lethal weapons can a PI carry inNYS/NYC while working as a bail enforcment agent and licensed as a PI? batons, mace , handcuffs fall under nyc administrative laws, so whee does the batons and mace fall under, I know that there are certifications and training for oc pepper spray and manondonk batons, so where is it stated in NYC/NYS laws or in the division of licensing services, where?

  37. #37
    Billy Quinones is offline Licensed Private Investigator

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    where in the nyc/nys licensing laws does the actual right to carry batons mace for arrests fall under???? where?

    PIs carry guns if licensed by NYC POLICE DEPT
    so where do you get licensed or certified to carry a baton and or mace and handcuff? where?

  38. #38
    Billy Quinones is offline Licensed Private Investigator

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    does any PI really know and or works as a bail enforcement agent in NYC / NYS? WHO ? WHERE ARE YOU GUYS?

  39. #39
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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Quote Originally Posted by Billy Quinones View Post
    does any PI really know and or works as a bail enforcement agent in NYC / NYS? WHO ? WHERE ARE YOU GUYS?
    This topic is for discussing the general licensing requirements. Who works in this this industry is usually posted in the Level 4 Members section of our site.

    You may wish to read the following link:

    http://www.ipiu.org/forums/showthread.php?p=492660

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    Re: NEW YORK: Bounty Hunter/Fugitive Enforcement

    Quote Originally Posted by Billy Quinones View Post
    where in the nyc/nys licensing laws does the actual right to carry batons mace for arrests fall under???? where?

    PIs carry guns if licensed by NYC POLICE DEPT
    so where do you get licensed or certified to carry a baton and or mace and handcuff? where?
    I will try and get you the source to your question.

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