Minnesota Bail Laws

1. Applicable Statutes.

A. MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL.

B. MINNESOTA STATUTES ANNOTATED CRIMINAL PROCEDURE CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL WARRANTS; BAIL BONDS.

2. Licensing Requirements for Agents.

*** Minnesota’s statutes currently do not contain regulations for regarding the licensing of bail bond recovery or bail enforcement agents. The closest equivalent in the MN statutes are the following regulations for those in the "bail bond business." ***

1. MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL

· (a) Approval of Bond Procurers Required. No person shall engage in the business of procuring bail bonds, either cash or surety, for persons under detention until an application is approved by a majority of the judges in the judicial district. The application form shall be obtained from the court administrator. The completed application shall then be filed with the administrator stating the information requested and shall be accompanied by verification that the applicant is licensed as an insurance agent by the Minnesota Department of Commerce. The approval granted under this rule may be revoked or suspended by the chief judge of the judicial district or the chief judge's designee and such revocation or suspension shall apply throughout the State of Minnesota.

· (b) Corporate Sureties. Any corporate surety on a bond submitted to the judge shall be one approved by a majority of the judges of the judicial district and authorized to do business in the State of Minnesota.

3. Notice of Forfeiture

1. MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
   

• (e) Forfeiture of Bonds. Whenever a bail bond is forfeited by a judge, the surety and bondsman shall be notified by the court administrator in writing, and be directed to make payment in accordance with the terms of the bond within ninety (90) days from the date of the order of forfeiture. A copy of the order of forfeiture shall be forwarded with the notice.

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

• (See above).
  

5. Forfeiture Defenses.

1. MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
   

· (f) Reinstatement. Any motion for reinstatement of a forfeited bond or cash bail shall be supported by a petition and affidavit and shall be filed with the court administrator. A copy of said petition and affidavit shall be served upon the prosecuting attorney and the principal of the bond in the manner required by Minn.R.Civ.P. 4.03(3)(1). A petition for reinstatement filed within ninety (90) days of the date of the order of forfeiture shall be heard and determined by the judge who ordered forfeiture, or the chief judge.

· Reinstatement may be ordered on such terms and conditions as the court may require. A petition for reinstatement filed between ninety (90) days and one hundred eighty (180) days from date of forfeiture shall be heard and determined by the judge who ordered forfeiture or the judge's successor and reinstatement may be ordered on such terms and conditions as the court may require, but only with the concurrence of the chief judge and upon the condition that a minimum penalty of not less than ten percent (10%) of the forfeited bail be imposed. No reinstatement of a forfeited bail or cash bail shall be allowed unless the petition and affidavit are filed within one hundred eighty (180) days from the date of the order of forfeiture.

6. Remission.

1. MINNESOTA STATUTES ANNOTATED CRIMINAL PROCEDURE CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL WARRANTS; BAIL BONDS 629.59. Allowing court to forgive bond forfeiture penalty

• When an action is brought in the name of the state against a principal or surety in a recognizance entered into by a party or witness in a criminal prosecution, and the penalty is judged forfeited, the court may forgive or reduce the penalty according to the circumstances of the case and the situation of the party on any terms and conditions it considers just and reasonable.

7. Bail Agent’s Arrest Authority.

1. MINNESOTA STATUTES ANNOTATED CRIMINAL PROCEDURE CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL WARRANTS; BAIL BONDS 629.63. Conditions under which surety may arrest defendant

· If a surety believes that a defendant for whom the surety is acting as bonding agent is (1) about to flee, (2) will not appear as required by the defendant's recognizance, or (3) will otherwise not perform the conditions of the recognizance, the surety may arrest or have another person or the sheriff arrest the defendant.

· If the surety or another person at the surety's direction arrests the defendant, the surety or the other person shall take the defendant before the judge before whom the defendant was required to appear and surrender the defendant to that judge.

· If the surety wants the sheriff to arrest the defendant, the surety shall deliver a certified copy of the recognizance under which the defendant is held to the sheriff, with a direction endorsed on the recognizance requiring the sheriff to arrest the defendant and bring the defendant before the appropriate judge.

· Upon receiving a certified copy of the recognizance and payment of the sheriff's fees, the sheriff shall arrest the defendant and bring the defendant before the judge.

· Before a surety who has arrested a defendant who has violated the conditions of release may personally surrender the defendant to the appropriate judge, the surety shall notify the sheriff.

8. Other Noteworthy Provisions.

1. MINNESOTA STATUTES ANNOTATED GENERAL RULES OF PRACTICE FOR THE DISTRICT COURTS TITLE VIII. RULES RELATING TO CRIMINAL MATTERS RULE 702. BAIL
   

• (h) Bonding Privilege Suspension. A failure to make payment on a forfeited bail within ninety (90) days as above provided shall automatically suspend the surety and its agent from writing further bonds. Such suspension shall apply throughout the State of Minnesota and shall continue for a period of thirty (30) days from the date the principal amount of the bond is deposited in cash with the court administrator.

2. MINNESOTA STATUTES ANNOTATED JUDICIAL PROCEDURE, DISTRICT COURT CHAPTER 542. VENUE OF ACTIONS 542.04. Actions on forfeited bail bonds

• Actions and proceeding prosecuted upon forfeited bail bonds or recognizances shall be heard and tried in the county in which the forfeiture was adjudged.

3. (Pending legislation in MN. The most relevant provisions for bail enforcement only are listed). 1999 Minnesota House File No. 837, Minnesota 81st Regular Session  Introduced Version Date February 18, 1999

· VERSION: Introduced

March 1, 1999

Cassell

• A bill for an act relating to firearms; providing that permits to carry a firearm must be issued to responsible, competent adults; amending Minnesota Statutes 1998, section 624.714, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 1998, section 624.714, subdivisions 2, 3, 4, 5, 6, 7, 8, 10, and 12.

· (c) An applicant shall submit to the application processing agency an application packet consisting of only the following items: +>>

· (3) a photocopy of a certificate, affidavit, or other document that is submitted as applicant's evidence of competence; +>>

· (d) For the purposes of this subdivision, "evidence of competence" means any one of the following activities accomplished within five yearsprior to the date the application is filed: +>>

· (4) completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, bail enforcement agents, or any division or subdivision of law enforcement or security enforcement, and conducted by a certified instructor; +>>

9. Noteworthy State Appellate Decisions.

A. State v. Brenteson

2000 WL 1617839

Minn.App.

Oct 31, 2000

• Appellant Bartsh Bail Bonds posted appearance bonds of $15,000 and $20,000 on behalf of defendants Tina Brenteson and John Howard Rose. When defendants failed to appear for scheduled court hearings, the district court ordered the bail bonds forfeited. Following the subsequent apprehension of Brenteson and surrender by Rose, appellant made a motion for reinstatement and discharge of the bail. Appellant contends the district court erred by granting its motion subject to a requirement that it pay penalties of $7,500 and $10,000. We affirm.

B. State v. Williams

568 N.W.2d 885

Minn.App.

Sep 16, 1997

• The District Court, Wright County, Dale Mossey, J., ordered forfeiture of bail bond and suspended surety, after obligor twice failed to appear in court. Surety appealed. The Court of Appeals, Short, J., held that: (1) trial court did not abuse discretion in ordering forfeiture, even though surety apprehended obligor one time and assisted in his apprehension second time, and (2) suspension for failure to pay forfeited bond was mandatory.  Affirmed and motion granted.

C. State v. Tapia

468 N.W.2d 342

Minn.App.

Apr 16, 1991

• In prosecution of bail bondsman for two counts of first-degree burglary, the District Court, Hennepin County, Franklin J. Knoll, J., denied bondsman's motion to dismiss for lack of probable cause, and certified question. The Court of Appeals, Kalitowski, J., held that bail bondsman lacked authority to forcibly enter private dwelling of third party to arrest principal who had jumped bond on misdemeanor charge.

4. State v. Cooper

147 Minn. 272, 180 N.W. 99.

(1920)

• The county attorney's oral agreement with accused's attorney that accused need not appear for trial until after his discharge from the army, entered into without the knowledge or consent, either of the surety on the bail bond or of the court, did not discharge surety's obligation to produce accused for trial when notified to do so.

10. Bounty Hunter Provisions.

At this time, there appear to be no specific regulations for "Bounty Hunters" in the Minnesota statutes. Please note 9.C. above.