If I am the defendant or co-signer on a bail bond, am I entitled
to receive copies of the bail contract?
Yes and copies should be provided to you at the time of the bail transaction. Idaho Insurance Code § 41-1041(1) states “The
bail agent shall provide copies of the bail contract, premium receipts, collateral receipts, and any related documents to the
defendant and any cosigner at the time of the bail transaction.”
Can bail agents solicit bail business in courthouses?
Bail agents should not be soliciting bail in the courthouse.
Per the STATEWIDE GUIDELINES FOR THE UNIFORM ADMINISTRATION OF BAIL AND BAIL BONDS IN ALL TRIAL COURTS OF THE STATE OF IDAHO
(SECTION 24.), “it is not appropriate for bail agents to solicit clients within any courthouse or court facility, including offices,
courtrooms, lobbies, hallways or corridors in any courthouse. “ the guidelines further state that It is up to each administrative
judge “to ensure that appropriate administrative orders are entered to prohibit such practices. Placement of literature in
designated areas shall be left to the rules of local county commissioners and/or the district court.”
Is it acceptable for a bail agent to ask for collateral?
Yes. However, it should not be an excessive amount in relation to the amount of the bond and the bail agent should provide a
detailed receipt for the collateral.
Per Idaho Insurance Code Title 41-1043 “a bail agent may accept collateral in connection with the bail bond transaction if the
collateral is not excessive in relation to the face amount of the bond.” . . . “If a bail agent accepts collateral, the bail
agent shall give a written receipt for the collateral to the person from whom the collateral was received. The receipt shall
include a full and detailed accounting of the collateral received.”
If I provide collateral, how long does the bail agent
have to return any collateral due to be returned?
Collateral should be returned within 14 days of notice that the obligation to pay the bond has been discharged.
Per Idaho Insurance Code §41-1043 “(3) Collateral received must be returned to the person who deposited the collateral
with the bail agent within fourteen (14) days of the date notice is received that the obligation, the satisfaction of
which was secured by collateral, is discharged.” . . .” (4) A copy of the order of the court wherein the bail or undertaking
was ordered exonerated shall be deemed prima facie evidence of exoneration or termination of the liability.”
Can bail bond premiums be financed?
Yes and a written agreement, signed by all parties, is required if bail bond premium is being financed. Interest must also
be charged if the premium is financed.
Per Idaho Administrative Rule 18.01.04.017 017. Bail Agent Financing Of Bail Bond Premiums
01. Written Agreement Required. No credit may be extended by any bail agent or surety insurance company for the payment of
any bail bond premium without entering into a written agreement. The written agreement for the extension of credit to finance
premium must contain at a minimum the following:
- The names of the parties to the credit agreement;
- The amount of premium financed;
- The per annum rate of interest;
- The scheduled premium payment dates; and
- Signatures and dates of signatures of all parties to the credit agreement.
Can the bail agent surrender me to custody before my appearance date
if I do not make a premium payment?
Yes. However, the fact that the defendant may be surrendered early if the premium is not paid must be clearly written in
the credit agreement.
Per Idaho Administrative Rule IDAPA 18.01.04.017. Bail Agent Financing Of Bail Bond Premiums)
“02. Early Surrender for Failure to Pay. If failure to pay premiums due under a credit arrangement may result in
the early surrender of the defendant, that fact must be clearly set forth in the written credit agreement.
If a defendant is surrendered for good cause, will unpaid premiums due
under a credit agreement still be owed?
In accordance with Idaho Insurance code §41-1044, “A bail agent who surrenders a defendant early for good cause shall not
be entitled to seek recovery of any unpaid premium.”