Connecticut bail laws

1. Applicable Statutes.

A. CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 29. PUBLIC SAFETY AND STATE POLICE CHAPTER 533A. BAIL ENFORCEMENT AGENTS.

B. CONNECTICUT GENERAL STATUTES ANNOTATED TITLE 54. CRIMINAL PROCEDURE CHAPTER 960. INFORMATION, PROCEDURE AND BAIL.

C. 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.

A. 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.

B. 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.

3. 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.

3. Notice of Forfeiture

1. 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.

4. Allotted Time between Forfeiture Declaration and Payment Due Date.

• (See item three above).
  

5. Forfeiture Defenses.

1. 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.

6. 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).

7. Bail Agent’s Arrest Authority.

1. 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).

2. 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.

8. Other Noteworthy Provisions.

1. 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.
  

2. 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.
  

3. 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.
  

9. 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.

10. Bounty Hunter Provisions.

At this time, there appear to be no specific regulations for "Bounty Hunters" in the Connecticut statutes