Maryland Laws Regarding Bail Bonds & Apprehension
Below is basic information on bail bond laws for Marylandconcerning Bail Enforcement, Bounty Hunters, Fugitive Apprehension and Bail Bondsman. This is not legal advice. Laws change frequently, please check the links provided for possible updates and current information.
- Maryland bail bond law state statutes:
- Annotated Code Of Maryland (ACM) 10-101 Et Seq. And Subtitle 3. Bail Bondsmen, 10-301 Et Seq. (insurance licensing requirements for bondsmen.)
Code Of Maryland Regulations (COMAR) 31.03.05 Et Seq.(regulates the way Bondsmen conduct their business, record keeping requirements, etc.)
Maryland Rules – Criminal Causes, Rule 4-217. (Maryland Rules are promulgated by the Maryland Court Of Appeals Pursuant To The Maryland Constitution, Article IV, Sec. 18. Such rules have the force of law. Rule 4-217 Treats with surrender of defendants, forfeitures, forfeiture defenses, etc.
- Maryland licensing requirements for Bail agents:
- In Maryland, each bail bondsmen must obtain a certificate of qualification to act as a property and casualty insurance agent, and obtain an appointment from an insurer licensed to conduct the business of surety in Maryland. The bail bondsman as a licensed insurance agent is subject to the entire Insurance article in the ACM. Bail bondsmen who pledge property instead of surety are under the jurisdiction of the District Court of Maryland, and are defined by COMAR as “property bondsmen.”
- An individual must obtain a license before providing bail bond services in Maryland. The license is identical to a certificate of qualification [ACM 1-304(a)(b)].
- An applicant must meet the requirements for acting as a property and casualty agent or broker [ACM 1-305].
- Qualifications of Individual Applicants [ACM 10-104].
- Be of good character and trustworthy,
- Have some knowledge of bail insurance,
- For three years preceding application, have at least one year as an employee of a bail agent/insurer,
- Pass the examination given by the Commissioner.
- Under certain conditions the above can be waived by the Commissioner.
Qualifications of a partnership or corporation [ACM 10-106]. In order to qualify, a partnership or corporation primarily must be engaged in bail insurance.
- File the application on a form provided by the commissioner,
- Pay the application fee,
- File in a manner or on a form the Commissioner provides: agency or trade name to be used, business address, names and resident addresses of each person holding a certificate of qualification doing business under that name, and other information or documentation requested by the Commissioner to attest to the professional competence and good character of the applicant.
- The applicant for the broker license must post a $10,000 bond with the Commissioner.
- An applicant that is a limited liability company, partnership, or corporation must provide the name and address of each agents with direct control of its fiscal management, and each owner, member, or manager.
- The Commissioner shall require continuing education for agents to renew the certificate of qualification, but may not require them to receive more than 16 hours of continuing education per renewal period for those who have had a certificate for less than 25 consecutive years, or not more than eight hours for those having the certificate for 25 or more consecutive years.
- The agents shall obtain continuing education germane to the kind of insurance for which they have received a certificate of qualification. An insurer may not prohibit one of its agents from obtaining continuing education credits from any course approved by the commissioner.
The Application Process [ACM 10-112]. An applicant must
Continuing Education Requirements [ACM 10-116].
The regulatory body is the Maryland Insurance Administration. (For property bondsmen, the regulatory body is the District Court of Maryland.)
- Maryland bail agent’s arrest authority.
- A surety may surrender the defendant before a forfeiture.
Within 90 days from the date the defendant fails to appear, at which time the court may extend to 180 days upon showing good cause, a surety shall satisfy any order of forfeiture either by producing the defendant or by paying the penalty sum of the bonds. Upon a motion by the surety and a hearing by the court, the surety may be awarded an allowance for expenses in locating and surrendering the defendant.
- Maryland bounty hunter (fugitive apprehension) provisions:
- Currently, Maryland does not have provisions regarding bounty hunters.
- Links to State and Local Authorities:
Please check with the Maryland’s Department of Insurance, Licensing Board and/or Local Law Enforcement for the most recent updates. If you know of any updates to Maryland’s bail bond laws, please provide as much detail as possible and send to us using our contact form.
