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Connecticut bail laws
Applicable Statutes.
CONNECTICUT GENERAL STATUTES ANNOTATED
TITLE 29. PUBLIC SAFETY AND STATE POLICE CHAPTER 533A. BAIL ENFORCEMENT
AGENTS.
CONNECTICUT GENERAL STATUTES ANNOTATED
TITLE 54. CRIMINAL PROCEDURE CHAPTER 960. INFORMATION, PROCEDURE AND BAIL.
CONNECTICUT GENERAL STATUTES ANNOTATED
TITLE 29. PUBLIC SAFETY AND STATE POLICE CHAPTER 533. PROFESSIONAL
BONDSMEN.
Licensing Requirements for Agents.
*** Connecticut Statutes provide for the recovery of persons failing to
appear on bonds by those licensed as "professional bondsmen," "surety bail
bond agents" and "bail enforcement agents." Therefore, while some of the
licensing requirements are similar, the licensing provisions for all three
positions are given below. As described in the Connecticut statutes, the
role of "bail enforcement agent" seems most akin to that of a bounty hunter,
while the other two seem more similar to sureites.
*** Throughout the sections below, "Commissioner" means the Insurance
Commissioner of Public Safety.
CONNECTICUT GENERAL STATUTES ANNOTATED
TITLE 29. PUBLIC SAFETY AND STATE POLICE
CHAPTER 533A. BAIL ENFORCEMENT AGENTS
§ 29-152e. License required
No person shall, as a surety on a bond in a criminal proceeding or an
agent of such surety, engage in the business of taking or attempting to
take into custody the principal on the bond who has failed to appear in
court and for whom a rearrest warrant or a capias has been issued pursuant
to section 54-65a unless such person is licensed as a professional
bondsman under chapter 533, a surety bail bond agent under chapter 700f or
a bail enforcement agent under sections 29-152f to 29-152i, inclusive.
§ 29-152f. Application for license
Any person desiring to engage in the business of a bail enforcement
agent shall apply to the Commissioner of Public Safety for a license
therefor. Such application shall set forth under oath the full name, age,
date and place of birth, residence and occupation of the applicant. It
shall also set forth under oath a statement of whether the applicant has
been charged with or convicted of crime, and such other information,
including fingerprints and photographs, as required by the commissioner.
The commissioner shall submit the applicant's fingerprints to the Federal
Bureau of Investigation for a national criminal history record check.
Within five years prior to the date of application, the applicant shall
have successfully completed a course in the criminal justice system
consisting of not less than twenty hours of study approved by the
commissioner. No person who has been convicted of a felony or any
misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62,
53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d, shall be
licensed to do business as a bail enforcement agent in this state. No
person engaged in law enforcement or vested with police powers shall be
licensed to do business as a bail enforcement agent.
§ 29-152g. Issuance of license
Upon being satisfied, after investigation, that the applicant is a
suitable person to receive a license as a bail enforcement agent, and that
the applicant meets the licensing requirements of section 29-152f, the
Commissioner of Public Safety may issue a license to such applicant to do
business in this state as a bail enforcement agent. The fee for such
license shall be one hundred dollars. Each such license shall be for such
term not exceeding one year as said commissioner determines. Any bail
enforcement agent holding a license issued pursuant to this section or
section 29-152h shall notify the commissioner within two business days of
any change of address. The notification shall include the bail enforcement
agent's old address and new address.
§ 29-152h. Renewal of license
Each person licensed as a bail enforcement agent under the provisions
of sections 29-152f to 29-152i, inclusive, may apply for a renewal of such
license upon renewal application forms provided by the Commissioner of
Public Safety and requiring the disclosure of such information as said
commissioner requires in determining whether or not such agent's
suitability to continue in such business has changed since the issuance of
any prior license. The fee for renewal of a bail enforcement agent's
license shall be one hundred dollars.
§ 29-152i. Suspension or revocation of license
The Commissioner of Public Safety may
suspend, revoke or refuse to renew the license of any bail enforcement
agent, provided notice shall have been given to the licensee to appear
before the commissioner to show cause why the license should not be
suspended, revoked or refused renewal, upon a finding by the commissioner
that: (1) The licensee has violated any of the terms or provisions of
sections 29-152e to 29-152m, or section 38a-660a or any of the regulations
adopted under section 29-152o; (2) the licensee has practiced fraud,
deceit or misrepresentation; (3) the licensee has made a material
misstatement in the application for issuance or renewal of such license;
(4) the licensee has demonstrated incompetence or untrustworthiness in the
conduct of the licensee's business; (5) the licensee has been convicted of
a felony, a misdemeanor specified in section 29-152f or other crime
affecting the licensee's honesty, integrity or moral fitness; or (6) the
licensee is unsuitable. The suspension or revocation of, or the refusal to
renew, any bail enforcement agent's license shall also constitute the
revocation of the bail enforcement agent's firearms permit issued pursuant
to section 29-152m. Any bail enforcement agent who fails to surrender such
license within five days of notification in writing of the suspension or
revocation of, or refusal to renew, such license shall be guilty of a
class C misdemeanor. Any party aggrieved by an order of the commissioner
under this section may appeal therefrom in accordance with the provisions
of section 4- 183, except venue for such appeal shall be in the judicial
district of Hartford.
CONNECTICUT GENERAL STATUTES ANNOTATED
TITLE 29. PUBLIC SAFETY AND STATE POLICE
CHAPTER 533. PROFESSIONAL BONDSMEN
§ 29-144. Definition
Any person who makes a business of furnishing bail in criminal cases
or who furnishes bail in five or more criminal cases in any one year,
whether for compensation or otherwise, shall be deemed a professional
bondsman and shall be subject to the provisions of this chapter. Any
resident elector of the state of Connecticut who is of good moral
character and of sound financial responsibility may, upon obtaining a
license therefor in accordance with the provisions of this chapter, engage
in the business of professional bondsman within this state.
§ 29-145. Bondsmen to be licensed
Any person desiring to engage in the business of a professional
bondsman shall apply to the Commissioner of Public Safety for a license
therefor. Such application shall set forth under oath the full name, age,
residence and occupation of the applicant, whether the applicant intends
to engage in the business of a professional bondsman individually or in
partnership or association with another or others, and, if so, the
identity of each. It shall also set forth under oath a statement of the
assets and liabilities of the applicant, and whether he has been charged
with or convicted of crime, and such other information, including
fingerprints and photographs, as said commissioner from time to time may
require. No person who has been convicted of a felony shall be licensed to
do business as a professional bondsman in this state. No person engaged in
law enforcement or vested with police powers shall be licensed to do
business as a professional bondsman.
§ 29-146. Investigation of applicant for license. Fee. Term of license
The Commissioner of Public Safety shall, upon receipt of such
application, cause an investigation to be made of the character and
financial responsibility of the applicant and, if he finds that such
applicant is a resident elector of good moral character and of sound
financial responsibility, he shall, upon payment by such applicant to the
state of a license fee of one hundred dollars, issue a license to such
applicant to do business in this state as a professional bondsman. Each
such license shall be for such term not exceeding one year as said
commissioner determines.
§ 29-147. Renewal, revocation or suspension of license
Each professional bondsman licensed under the provisions of this
chapter may apply for a renewal of his license upon renewal application
forms provided by the Commissioner of Public Safety and requiring the
disclosure of such information as said commissioner requires in
determining whether or not such professional bondsman's financial
responsibility remains unimpaired or whether for any other reason such
bondsman's fitness to continue in such business has been otherwise altered
since the issuance of any prior license. Said commissioner may suspend for
a definite term or revoke any license issued under the provisions of this
chapter if it appears to said commissioner that such licensee has been
convicted of a felony in this state or elsewhere or is engaged in any
unlawful activity affecting his fitness to continue in the business of
professional bondsman or that his financial responsibility has been
substantially impaired.
§ 29-147a. Suspension of license for failure to pay forfeited bond
The Commissioner of Public Safety may suspend any license issued under
the provisions of this chapter of any professional bondsman when he finds
that such surety has failed to pay a forfeited bond. Such license shall
remain so suspended and shall not be reinstated nor shall any such license
be issued to such surety until such person pays such forfeited bond.
§ 29-148. Statement of assets and liabilities
Each professional bondsman licensed under the provisions of this
chapter shall forthwith inform the Commissioner of Public Safety in
writing of any material change in his assets or liabilities affecting his
responsibility as a bondsman and shall at any time, upon request of said
commissioner, furnish him with a statement under oath of his assets and
liabilities, including all bonds on which such bondsman is obligated.
§ 29-152. Penalty
Any person who violates any provision of this chapter shall be fined
not more than one thousand dollars or imprisoned not more than two years
or both and his right to engage in the business of a professional bondsman
in this state shall thereupon be permanently forfeited.
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 38A. INSURANCE CHAPTER
700F. BAIL BOND INSURANCE § 38a-660. Bail bond insurance and agents.
Licensing. Examinations. Fees
"Surety bail bond agent" means any person
who has been approved by the commissioner and appointed by an insurer by
power of attorney to execute or countersign bail bonds for the insurer in
connection with judicial proceedings;
"Disqualifying offense" means: (A) A
felony; or (B) a misdemeanor if an element of the offense involves
dishonesty or misappropriation of money or property.
Any person desiring to act within this
state as a surety bail bond agent shall make a written application to the
commissioner for a license in such form and having such supporting
documents as the commissioner prescribes. Each application shall be signed
by the applicant and shall be accompanied by a nonrefundable filing fee as
determined by the commissioner. The applicant must also submit with the
application a complete set of the applicant's fingerprints, certified by
an authorized law enforcement officer, and two recent credential-sized
full-face photographs of the applicant. At the time of application, each
applicant for a license shall forward a copy of the applicant's complete
application and supporting documents to the bond forfeiture unit of the
Office of the Chief State's Attorney.
Every applicant for a license must file
with the commissioner a notice of appointment executed by an insurer or
its authorized representative authorizing such applicant to execute
undertakings of bail and to solicit and negotiate such undertakings on its
behalf. Each appointment shall, by its terms, continue in force until: (1)
Termination of the surety bail bond agent's license; or (2) the filing of
a notice of termination by the insurer or its representative or by such
surety bail bond agent.
An applicant for a license shall be
required to appear in person and take a written examination testing the
applicant's competency and qualifications to act as a surety bail bond
agent. The commissioner may designate an independent testing service to
prepare and administer such examination, provided any examination fees
charged by such service shall be paid by the applicant. The commissioner
shall collect the appropriate examination fee, which shall entitle the
applicant to take the examination for the license, except when a testing
service is used, the testing service shall pay such fee to the
commissioner. In either case, such examination shall be as the
commissioner prescribes and shall be of sufficient scope to test the
applicant's knowledge of subjects pertinent to the duties and
responsibilities of a surety bail bond agent, including all laws and
regulations of this state applicable thereto.
In addition to all other requirements
prescribed in this section, each applicant for a license shall furnish
satisfactory evidence to the commissioner that: (1) The applicant is at
least eighteen years of age; (2) the applicant is a citizen of the United
States; and (3) the applicant has never been convicted of a felony or any
misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62,
53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a- 181d. Such
applicant shall also submit to a background investigation, including an
investigation of any prior criminal activity, to be conducted by the
Division of Criminal Justice utilizing the Federal Bureau of Investigation
and other law enforcement agencies. All processing fees incurred as a
result of such investigation shall be paid by the applicant.
Upon satisfying himself that an applicant
meets the licensing requirements of this state and is in all respects
properly qualified and trustworthy and that the granting of such license
is not against the public interest, the commissioner may issue to such
applicant the license applied for.
A license may, in the discretion of the
commissioner, be renewed or continued upon payment of the appropriate fee
as the commissioner deems necessary without the resubmittal of the
detailed information required in the original application.
Any individual aggrieved by the action of
the commissioner in revoking, suspending or refusing to reissue a license
or in imposing a fine or penalty may appeal therefrom, in accordance with
the provisions of section 4-183, except venue for such appeal shall be in
the judicial district of Hartford. Appeals under this section shall be
privileged in respect to the order of trial assignment.
Nothing in this section shall be construed
as limiting an individual's ability to operate as a professional bondsman
in this state pursuant to chapter 533 provided such individual is in
compliance with all requirements of said chapter.
Notice of Forfeiture
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 54. CRIMINALPROCEDURE
CHAPTER 960. INFORMATION, PROCEDURE AND BAIL § 54-65a. Forfeiture of bond
for failure to appear. Rebate to surety.
Whenever an arrested person is released upon the execution of a bond
with surety in an amount of five hundred dollars or more and such bond is
ordered forfeited because the principal failed to appear in court as
conditioned in such bond, the court shall, at the time of ordering the
bond forfeited:
provide written notice to the surety on
the bond that the principal has failed to appear in court as
conditioned in such bond, and
order a stay of execution upon the
forfeiture for six months. When the principal whose bond has been
forfeited is returned to custody pursuant to the rearrest warrant or a
capias within six months of the date such bond was ordered forfeited,
the bond shall be automatically terminated and the surety released and
the court shall order new conditions of release for the defendant in
accordance with this section.
Allotted Time between Forfeiture Declaration and Payment Due Date.
(See item three above).
Forfeiture Defenses.
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 54. CRIMINAL PROCEDURE
CHAPTER 960. INFORMATION, PROCEDURE AND BAIL § 54-65a. Forfeiture of bond
for failure to appear. Rebate to surety.
When the principal whose bond has been forfeited returns to court
voluntarily within five business days of the date such bond was ordered
forfeited, the court may, in its discretion, and after finding that the
defendant's failure to appear was not willful, vacate the forfeiture order
and reinstate the bond. Such stay of execution shall not prevent the
issuance of a rearrest warrant or a capias.
Whenever an arrested person, whose bond has been forfeited, is
returned to the jurisdiction of the court within one year of the date such
bond was ordered forfeited, the surety on such bond shall be entitled to a
rebate of that portion of the forfeited amount as may be fixed by the
court or as may be established by a schedule adopted by rule of the judges
of the court.
Remission.
(There do not appear to be any specific provisions in the CT statutes
which allow for remission. The provisions most similar to allowing for
remission are those which allow for a "rebate" on forfeited bonds. See
item two above).
Bail Agent’s Arrest Authority.
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 29. PUBLIC SAFETY AND
STATE POLICE CHAPTER 533A. BAIL ENFORCEMENT AGENTS § 29-152k. Notice to
law enforcement agency prior to apprehension of principal
Prior to taking or attempting to take into custody the
principal on a bond, a professional bondsman licensed under chapter 533, a
surety bail bond agent licensed under chapter 700f or a bail enforcement
agent licensed under sections 29-152f to 29-152i, inclusive, shall notify
the police department or resident state trooper for, or state police troop
having jurisdiction over, the municipality in which the principal is
believed to be located of such bondsman's or agent's intentions.
(The underlined portion above implies that professional bondsmen,
surety bail bond agents, and bail enforcement agents all have the
authority to apprehend principals on bonds).
Court decisions
Taylor v. Taintor 83 U.S. 366,
1872
The court said: "When bail is given, the principal is regarded as
delivered to the custody of his sureties. Their dominion is a continuance
of the original imprisonment. Whenever they choose to do so, they may
seize him and deliver him up in their discharge; and if that cannot be
done at once, they may imprison him until it can be done. They may
exercise their rights in person or by agent. They may pursue him into
another State: may arrest him on the Sabbath; and, if necessary, may break
and enter his house for that purpose."
State v. Nugent 508 A.2d 728, 1986
Bail bondsman had the same common-law right to seize the principal on
the bond even if he acted as an agent for an insurance bonding company, a
corporation, rather than as an individual bail bondsman.
Other Noteworthy Provisions.
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 29. PUBLIC SAFETY AND
STATE POLICE CHAPTER 533A. BAIL ENFORCEMENT AGENTS § 29-152l. Wearing,
carrying or display of uniform, badge or other insignia of governmental
official or employee prohibited
No professional bondsman licensed under chapter 533, surety bail bond
agent licensed under chapter 700f or bail enforcement agent licensed under
sections 29-152f to 29-152i, inclusive, shall wear, carry or display any
uniform, badge, shield or other insignia or emblems that purport to
indicate that such bondsman or agent is an employee, officer or agent of
the state or any political subdivision of the state or of the federal
government.
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 29. PUBLIC SAFETY AND
STATE POLICE CHAPTER 533A. BAIL ENFORCEMENT AGENTS § 29-152m. Permit to
carry firearm required
No professional bondsman licensed under
chapter 533, surety bail bond agent licensed under chapter 700f or bail
enforcement agent licensed under sections 29-152f to 29-152i, inclusive,
shall carry a pistol, revolver or other firearm while engaging in the
business of a professional bondsman, surety bail bond agent or bail
enforcement agent, as the case may be, or while traveling to or from such
business unless such bondsman or agent obtains a special permit from the
Commissioner of Public Safety in accordance with the provisions of
subsection (b) of this section. The permit required under this section
shall be in addition to the permit requirement imposed under section
29-28.
The Commissioner of Public Safety may grant
to any professional bondsman licensed under chapter 533, surety bail bond
agent licensed under chapter 700f or bail enforcement agent licensed under
sections 29-152f to 29-152i, inclusive, a permit to carry a pistol or
revolver or other firearm while engaging in the business of professional
bondsman, surety bail bond agent or bail enforcement agent, as the case
may be, or while traveling to or from such business, provided that such
bondsman or agent has proven to the satisfaction of the commissioner that
such bondsman or agent has successfully completed a course, approved by
the commissioner, of training in the safety and use of firearms. The
commissioner shall adopt regulations in accordance with the provisions of
chapter 54 concerning the approval of schools, institutions or
organizations offering such courses, requirements for instructors and the
required number of hours and content of such courses.
Application for a permit issued pursuant to this section shall be made
on forms provided by the commissioner and shall be accompanied by a
thirty-one- dollar fee. Such permit shall have an expiration date that
coincides with that of the state permit to carry a pistol or revolver
issued pursuant to section 29-28. A permit issued pursuant to this section
shall be renewable every five years with a renewal fee of thirty-one
dollars.
The commissioner shall send, by first
class mail, a notice of expiration of the bail enforcement agent
firearms permit issued pursuant to this section, together with a
notice of expiration of the permit to carry a pistol or revolver
issued pursuant to section 29-28, in one combined form. The
commissioner shall send such combined notice to the holder of the
permits not later than ninety days before the date of the expiration
of both permits, and shall enclose a form for renewal of the permits.
A bail enforcement agent firearms
permit issued pursuant to this section shall be valid for a period of
ninety days after the expiration date, except this provision shall not
apply if the permit to carry a pistol or revolver has been revoked or
revocation is pending pursuant to section 29-32, in which case the
bail enforcement agent firearms permit shall also be revoked.
§ 29-152n. Penalty
Any person who violates any provision of sections 29-152e to 29-152m,
inclusive, and 38a-660a shall be guilty of a class D felony.
CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 29. PUBLIC SAFETY AND
STATE POLICE CHAPTER 533. PROFESSIONAL BONDSMEN § 29-150. Oath of
bondsmen. Form
Each professional bondsman shall, when furnishing surety for
recognizances of any person charged with crime, take oath to the
sufficiency of his security upon a uniform form furnished for such purpose
by the clerk of the superior court and approved by the Commissioner of
Public Safety. No person who offers himself as surety on bail in any
criminal case shall falsely represent that he is the legal or equitable
owner of any stated property.
Noteworthy State Appellate Decisions.
State v. Salmon 250 Conn. 147, 735 A.2d 333
Conn.
Aug 10, 1999
The record discloses the following factual
and procedural history. The defendant in the underlying criminal case,
Ralston Salmon, was arrested and charged with violating General Statutes
§§ 21a-279 (a) and (c), and 21a-277 (a). He posted a surety bond of
$150,000 and *150 was released. B & B Bail Bonds Agency, Inc. (bondsman),
was the surety that furnished the bond. When the defendant later failed to
appear for a court date, the trial court, on January 7, 1997, ordered the
forfeiture of the bond. The court, pursuant to General Statutes § 54-65a,
simultaneously ordered the rearrest of the defendant and a stay of
execution on the forfeiture for six months. The bondsman located the
defendant in Jamaica, but was not permitted to remove him without *151
extradition authorization from Connecticut. Accordingly, the bondsman
requested that the state's attorney's office extradite the defendant to
Connecticut, which it refused to do. The stay of execution subsequently
lapsed, and the forfeiture of the bond became due. After the state settled
its claim with the bondsman for $75,000, the bondsman moved in the trial
court for both a rebate of the bond forfeiture and a release from the
bond. The trial court denied these motions, and the bondsman appealed from
the denial of the motion for release to the Appellate Court.
The Appellate Court dismissed appeal. Bondsman filed petition for
certification.
The Supreme Court, Norcott, J., held that:
(1) bondsman, as a nonparty to underlying action, had no right to appeal,
overruling CFM, 239 Conn. 375, 685 A.2d 1108, Lougee, 216 Conn. 483, 582
A.2d 456, and In re Mongillo, 190 Conn. 686, 461 A.2d 1387, but (2)
bondsman could seek relief through writ of error.
State v. Nugent 199 Conn. 537, 508 A.2d 728
Conn.
May 06, 1986
Defendant was convicted in the Superior Court in the Judicial District
of New Haven, McKeever, J., of kidnapping in the second degree, and he
appealed. The Supreme Court, Callahan, J., held that the defendant, as a
professional bail bondsman who had posted a bond in amount of $500 on
behalf of principal, had the common-law right to apprehend and deliver the
principal in discharge of the bond at any time and, absent a statute
abrogating that right or requiring the defendant to rely on a mittimus or
a rearrest warrant, did not act unlawfully in apprehending the principal
after latter failed to appear in court as scheduled and, by doing so, was
not guilty of the crime of kidnapping in the second degree.
Error, judgment set aside, and case remanded with direction.
Biestek v. Varricchio
34 Conn.Supp. 620, 380 A.2d 1351
Conn.Super.App.
Feb 04, 1977
Licensed professional bondsman brought action to recover damages which
resulted when defendant allegedly refused to indemnify the bondsman for
losses incurred when defendant's son failed to appear for his court
hearing. The Circuit Court, Seventh Circuit, Falsey, J., rendered judgment
for the bondsman, and defendant appealed. The Superior Court, Appellate
Session, held that: (1) evidence established that defendant's promise was
an original rather than a collateral undertaking and, thus, was not
subject to the statute of frauds, and (2) the fact that the bondsman did
not rely solely on defendant's agreement to indemnify but also charged a
fee of defendant's son was not relevant. No error.
Bounty Hunter Provisions.
At this time, there appear to be no specific regulations for "Bounty
Hunters" in the Connecticut statutes
