Nevada bail law

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.

1. NEVADA REVISED STATUTES ANNOTATED TITLE 57. INSURANCE. CHAPTER 697. BUSINESSES RELATED TO BAIL.

2. NEVADA REVISED STATUTES ANNOTATED TITLE 14. PROCEDURE IN CRIMINAL CASES. CHAPTER 178.

1. 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.

1. 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.

• (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.

1. 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.

2. 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).

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.

1. 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.

2. 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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

 

1. 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.

2. 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.

3.  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.

 

(See above provisions for Bail Enforcement Agents)