Bail Forfeiture Notification Act Exposed

The Bail Forfeiture Notification Act was adopted by ALEC's Criminal Justice Task Force at the States and Nation Policy Summit on December 9, 2006, approved by the ALEC Board of Directors on January 8, 2007. According to ALEC.org, the Act was re-approved by the Board of Directors on January 9, 2014. (Accessed on 10/11/2015).

CMD's Bill Summary

This model Act makes it easier for bail bondsmen to avoid paying the full amount of the bail owed to the state when one of their "clients" jumps bail. Typically, an accused person pays a bondsman 10% of their bail, with the understanding that the bondsman is liable for the full amount of the bail if the person fails to appear at court. This Act specifies that the bondsman will no longer be liable for the payment if court staff do not follow certain notification procedures. This has the effect of establishing new burdens on the clerk of courts and allows the bail bondsmen to avoid payment if the clerk does not meet those burdens. There is a long history of bail bondsmen influencing courts. A clerk's failure to meet the procedural notification requirements could be negligence or an intentional act to benefit a particular bondsman.

ALEC Bill Text

Summary:

This act requires the court to send prompt notice of bail forfeiture to the surety, depositor of money, and bail agent posting the bond.

Section 1: {Notification of Bail Forfeiture}

(a) Upon a forfeiture of bail exceeding $400, the clerk of the court declaring such forfeiture shall, within thirty (30) days, send notice of the forfeiture via certified mail to,

(1) the bond surety or depositor of money posted as bail; and

(2) the bail agent listed on the bond; and

(3) any other party to be notified in case of forfeiture listed on the bond or documents attached thereto.

(b) Failure to notify any party listed in subsection (a)(1) through (a (3) shall not constitute compliance under this section.

(c) The court shall retain the certificates of mailing for each notice in the court’s records.

Section 2: {Release of Surety or Depositor Obligations}

The bond surety or depositor of money posted as bail shall be released from all obligations if,

(a) the court fails to notify the required parties within thirty (30) days after forfeiture; or

(b) the clerk fails to send the notice to the surety at the address shown on the bond or documents attached thereto; or

(c) the clerk fails to send the notice to the surety’s agent at the address shown on the bond or documents attached thereto.

Section 3: {Severability Clause}

Section 4: {Repealer Clause}

Section 5: {Enactment Clause}

Adopted by the Criminal Justice Task Force at the States and Nation Policy Summit December 9, 2006.

Approved by the ALEC Board of Directors January 8, 2007