Nevada Laws Regarding Bail Bonds & Bounty Hunters
Below is basic information on bail bond laws for Nevada concerning Bail Enforcement, Bounty Hunters, Fugitive Apprehension and Bail Bondsman. This is not legal advice as laws change frequently. Please check the links provided for possible updates and current information.
- Bail bond law state statutes:
- Nevada has among the most detailed and comprehensive statutes on the bail bond industry in the country. The bail bond industry is heavily regulated within the state. Virtually every aspect of the bail bond business has a specific, and sometimes lengthy, corresponding regulation.
Nevada Revised Statutes Annotated Title 57. Insurance. Chapter 697. Businesses Related To Bail.
nevada Revised Statutes Annotated Title 14. Procedure In Criminal Cases. Chapter 178.
- Licensing requirements for Bail agents:
- Nevada Revised Statutes Annotated Title 57. Insurance.Chapter 697. Businesses Related To Bail
- “Bail agent” means any individual appointed by an authorized surety insurer by power of attorney to execute or countersign undertakings of bail in connection with judicial proceedings and who receives or is promised money or other things of value therefore
- “Bail enforcement agent” means a person who has contracted with or is employed by a surety or bail agent as a special agent to enforce the terms and conditions of a defendant’s release from custody on bail in a criminal proceeding, to locate a defendant and to apprehend a defendant or surrender a defendant to custody, or both, if appropriate.
- A person in this state shall not act in the capacity of a bail agent, bail enforcement agent or bail solicitor, or perform any of the functions, duties or powers prescribed for a bail agent, bail enforcement agent or bail solicitor under the provisions of this chapter, unless that person is qualified and licensed as provided in this chapter. The commissioner may, after notice and a hearing, impose a fine of not more than $1,000 for each act or violation of the provisions of this subsection.
- A person, whether or not located in this state, shall not act as or hold himself out to be a general agent unless qualified and licensed as such under the provisions of this chapter.
- An applicant may complete the 80 hours of training required by this subsection by completing 16 hours of training each weekend for 5 weeks.
- In lieu of completing the basic course of training required by subsection 1, an applicant may submit proof to the commissioner that he has completed a course of training required by a municipal, state or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer.
- An applicant for a license as a bail enforcement agent must complete the training required by this section within 9 months after the date he is employed by a bail agent as a bail enforcement agent. The commissioner shall issue a temporary license to an applicant who has not completed the training if he is otherwise qualified to be issued a license as a bail enforcement agent. The temporary license:
- (a) Authorizes the person to whom it is issued to act as a bail enforcement agent while employed by a licensed bail agent.
(b) Is valid for 9 months or until the person to whom it is issued completes the training required by this section, whichever occurs first.
(c) May not be renewed. - The commissioner may require the submission of such other information as may be required to determine the applicant’s qualifications for the license for which he applied.
- The applicant must verify his application. An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith.
- A written application for a license as a bail agent, general agent, bail enforcement agent or bail solicitor must be filed with the commissioner by the applicant, accompanied by the applicable fees. The application form must be accompanied by the applicant’s fingerprints, and must require full answers to questions reasonably necessary to determine the applicant’s:
- (a) Identity and residence.
(b) Business record or occupations for not less than the 2 years immediately preceding the date of the application, with the name and address of each employer, if any.
(c) Prior criminal history, if any. - The commissioner may require the submission of such other information as may be required to determine the applicant’s qualifications for the license for which he applied.
- The applicant must verify his application. An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith.
§ 697.090 License required; penalty.
§ 697.100 Licensing of natural persons and corporations.
- Except as otherwise provided in this section, no license may be issued:
- (a) Except in compliance with this chapter.
(b) To a bail agent, bail enforcement agent or bail solicitor, unless he is a natural person.A corporation may be licensed as a bail agent or bail enforcement agent if:
- (a) The corporation is owned and controlled by an insurer authorized to write surety in this state or a subsidiary corporation of such an insurer; or
(b) Ownership and control of the corporation is retained by one or more licensed agents.- This section does not prohibit two or more licensed bail agents from entering into a partnership for the conduct of their bail business. No person may be a member of such a partnership unless he is licensed pursuant to this chapter in the same capacity as all other members of the partnership. A limited partnership or a natural person may not have any proprietary interest, directly or indirectly, in a partnership or the conduct of business thereunder except licensed bail agents as provided in this chapter.
§ 697.150 Bail agent: Qualifications.
- Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail agent if he:
- (a) Is a resident of this state and has resided in this state for not less than 1 year immediately preceding the date of the application for the license.
(b) Is a natural person not less than 18 years of age.
(c) Has been appointed as a bail agent by an authorized surety insurer, subject to the issuance of the license.
(d) Is competent, trustworthy and financially responsible.c) Has passed any written examination required under this chapter.
(e) Has filed the bond required by NRS 697.190.
(f) Has, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is:- (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and
(2) Approved by the commissioner.- A person is not entitled to receive, renew or hold a license as a bail agent if he has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude. A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in this subsection is a sufficient ground for the commissioner to deny a license to the applicant or to suspend or revoke the license of the agent.
§ 697.173 Bail enforcement agent: Qualifications.
- Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail enforcement agent if he:
-
(a) Is a natural person not less than 21 years of age.
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Has a high school diploma or a general equivalency diploma or has an equivalent education as determined by the commissioner.
(d) Has submitted to the commissioner a report of an investigation of his criminal history from the central repository for Nevada records of criminal history which indicates that he possesses the qualifications for licensure as a bail enforcement agent.
(e) Has submitted to the commissioner the results of an examination conducted by a psychiatrist or psychologist licensed to practice in this state which indicate that he does not suffer from a psychological condition that would adversely affect his ability to carry out his duties as a bail enforcement agent.
(f) Has passed any written examination required by this chapter.
(g) Submits to the commissioner the results of a test to detect the presence of a controlled substance in his system that was administered no earlier than 30 days before the date of the application for the license which do not indicate the presence of any controlled substance for which he does not possess a current and lawful prescription issued in his name.
(h) Successfully completes the training required NRS 697.177.- A person is not entitled to receive, renew or hold a license of a bail enforcement agent if he:
- (a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or
(b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.§ 697.177 Basic course of training required for bail enforcement agents; temporary license.
- Except as otherwise provided in this section, an applicant for a license as a bail enforcement agent must satisfactorily complete a basic course of training for bail enforcement agents that is approved by the commissioner.
The basic course of training must consist of at least 80 hours of training which includes instruction in the following areas of the law:- (1) Constitutional law;
(2) Procedures for arresting defendants and surrendering defendants into custody;
(3) Civil liability;
(4) The civil rights of persons who are detained in custody;
(5) The use of force; and
(6) The history and principles of bail;- Procedures for field operations, including, without limitation:
- (1) Safety and survival techniques;
(2) Searching buildings;
(3) Handling persons who are mentally ill or under the influence of alcohol or a controlled substance; and
(4) The care and custody of prisoners;- The skills required of bail enforcement agents, including, without limitation:
- (1) Writing reports, completing forms and procedures for exoneration;
(2) Methods of arrest;
(3) Nonlethal weapons;
(4) The retention of weapons;
(5) Qualifications for the use of firearms; and
(6) Defensive tactics;- Principles of investigation, including, without limitation:
- (1) The basic principles of locating defendants who have not complied with the terms and conditions established by a court for their release from custody or the terms and conditions of a contract entered into with a surety; and
(2) Ethics; and following subjects:- (a) Demeanor in a courtroom;
(b) First aid used in emergencies; and
(c) Cardiopulmonary resuscitation.§ 697.180 Written Application requirements.
- A written application for a license as a bail agent, general agent, bail enforcement agent or bail solicitor must be filed with the commissioner by the applicant, accompanied by the applicable fees. The application form must include the social security number of the applicant and be accompanied by the applicant’s fingerprints, and must require full answers to questions reasonably necessary to determine the applicant’s:
- (a) Identity and residence.(b) Business record or occupations for not less than the 2 years immediately preceding the date of the application, with the name and address of each employer, if any.
(c) Prior criminal history, if any.§ 697.183 An application for a license as a bail agent must be accompanied by:
-
Proof of the completion of a 6-hour course of instruction in bail bonds that is:
- A written appointment by an authorized insurer as agent for bail bonds, subject to the issuance of the license.
- A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant
- Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and
- Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.
- (a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and
(b) Approved by the commissioner.§ 697.186 An application for a license as a bail enforcement agent must be accompanied by:
- Proof of compliance with the requirements set forth in NRS 697.173.
- A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant:
- (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and
(b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance
§ 697.190 Bonds.
- Each applicant for a license as a bail agent, bail solicitor or general agent must file with the application, and thereafter maintain in force while so licensed, a bond in favor of the people of the State of Nevada executed by an authorized surety insurer. The bond may be continuous in form with total aggregate liability limited to payment as follows:
-
(a) Bail agent $25,000
(b) Bail solicitor $10,000
(c) General agent $50,000 - The bond must be conditioned upon full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensee’s possession through bail bond transactions under the license.
- The bond must remain in force until released by the commissioner, or canceled by the surety. Without prejudice to any liability previously incurred under the bond, the surety may cancel the bond upon 30 days’ advance written notice to the licensee and the commissioner.
§ 697.200 Examination for license as bail agent, bail enforcement agent or bail solicitor.
- Any natural person who intends to apply for a license as a bail agent, bail enforcement agent or bail solicitor must personally take and pass a written examination of his competence to act as such. After passing the examination, the person may apply to the commissioner for such a license.
- The scope of the examination must be as broad as the bail bond business.
- The examination must be administered by the commissioner or an entity approved by the commissioner.
§ 680B.010 Fees.
- Licenses, appointments and renewals for bail agents:
-
(a) Application and license – $78
(b) Initial appointment by each surety insurer – $5
(c) Triennial renewal of each license – $78Licenses and renewals for bail enforcement agents:
-
a) Application and license – $78
(b) Triennial renewal of each license – $78Licenses, appointments and renewals for general bail agents:
-
(a) Application and license – $78
(b) Initial appointment by each insurer – $5
(c) Triennial renewal of each license – $78Licenses and renewals for bail solicitors:
-
(a) Application and license – $78
(b) Triennial renewal of each license – $78§ 697.210 Issuance of license; notice of refusal to issue license; fees not refundable.
- If the commissioner finds that the application is complete, that the applicant has passed all required examinations and is otherwise qualified for the license applied for, he shall promptly issue the license. Otherwise, the commissioner shall refuse to issue the license and promptly notify the applicant and the appointing insurer, if the application is for a bail agent’s or general agent’s license, or the employer, if the application is for a bail solicitor’s license, of such refusal, stating the grounds for the refusal.
- All fees required to be paid pursuant to this chapter shall be deemed earned when paid and may not be refunded.
§ 697.230 Deals with the expiration and renewal of licenses.
§ 697.240 Appointment of bail agents.- Each insurer appointing a bail agent shall file with the commissioner a written appointment and pay the applicable fee for the appointment.
- Each appointment remains in effect until the bail agent’s license is revoked or otherwise terminated, or there is an earlier termination of the appointment.
- No insurer may appoint a bail agent whose contingent liability exceeds an amount equal to 10 times his reserve account unless the appointment is first approved by the commissioner.
§ 697.250 Deals with termination of appointment.
§ 697.270 Registration of bail agents.- A bail agent shall not become a surety on an undertaking unless he has registered in the office of the sheriff and with the clerk of the district court in which the agent resides, and he may register in the same manner in any other county. Any bail agent shall file a certified copy of his appointment by power of attorney from each insurer which he represents as agent with each of such officers. The bail agent shall register and file a certified copy of renewed power of attorney annually on July 1. The clerk of the district court and the sheriff shall not permit the registration of a bail agent unless the agent is licensed by the commissioner.
- Bail agent’s arrest authority.
- Nevada Revised Statutes Annotated Title 14. Procedure In Criminal Cases. Chapter 178. General Provisions. Bail 178.526
- For the purpose of surrendering a defendant, a surety, at any time before the surety is finally discharged, and at any place within this state, may, by:
- (a) Written authorization for the arrest of the defendant attached to a copy of the undertaking; or
(b) A written authority endorsed on a certified copy of the undertaking, cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
- Arrest of defendant.
- A bail agent or bail enforcement agent who arrests a defendant in this state or any other jurisdiction is not acting for or on behalf of this state or any of its political subdivisions.
Nevada Revised Statutes Annotated Title 14. Procedure In Criminal Cases. Chapter 176a. Probation And Suspension Of Sentence.
- Program of Probation Secured by Surety Bond, Arrest of probationer.
- For the purpose of surrendering a probationer, a surety, at any time before it is finally discharged, and at any place within the state, may, by a written authority endorsed on a certified copy of the undertaking, cause the probationer to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
- For the purpose of surrendering a defendant, a surety, at any time before the surety is finally discharged, and at any place within this state, may, by:
- Bounty hunter (fugitive apprehension) provisions:
- After apprehending a defendant in this state, a bail agent or bail enforcement agent shall immediately or without undue delay notify in person or by telephone the local law enforcement agency of the jurisdiction in which the defendant was apprehended of:
- (a) The identity of the defendant;
(b) The identity of the bail agent or bail enforcement agent; and
(c) Where the bail agent or bail enforcement agent is taking the defendant to surrender him into custody.Before forcibly entering an inhabited dwelling in this state, a bail agent or bail enforcement agent shall notify the local law enforcement agency of the jurisdiction in which the dwelling is located.
A bail agent or bail enforcement agent who violates the provisions of this section is guilty of a misdemeanor.
As used in this section, “inhabited dwelling” means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the owner or other lawful occupant resides.
- Links to State and Local Authorities:
Please check with the Nevada’s Department of Insurance, Licensing Board and/or Local Law Enforcement for the most recent updates. If you know of any updates to Nevada’s bail bond laws, please provide as much detail as possible and send to us using our contact form.
