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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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I am a Bail enforcement agent in Colorado contracted with bail

Customer Question

I am a Bail enforcement agent in Colorado contracted with bail agencies. I was recently told that in the state of Colorado as of 2013 bail recovery agents was not listed in legislation and that there no longer is common law. My question is what now gives us the authority to make the rearrest?
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
My research indicates that Colorado repealed the registration requirements for bail recovery agents.
The current requirements as posted at
http://www.baillaws.com/laws/colorado
state:
"Prior to hiring, contracting with, or paying any compensation to any individual who wishes to be employed to perform bail recovery services, other than another licensed bail bonding agent, a licensed bail bonding agent shall take all of the following actions:
The agent shall contact the Colorado bureau of investigation pursuant to the requirements of this section to confirm that the person has submitted fingerprints to the bureau for a criminal background check and to confirm that such person has not been convicted of or pled guilty or nolo contendere to any felony under federal or state law.
For employment commencing on or after January 1, 1999, the agent shall obtain a copy of a certificate of training from the individual indicating that such individual has received training in bail fugitive apprehension from a private bail recovery program or an accredited institution of higher education. Such training shall comply with the standards established by the peace officers standards and training board pursuant to section 24-31-303(1)(h), C.R. S., and shall not exceed sixteen clock hours.
The agent shall obtain a statement from the individual attesting, under penalty of perjury, that such person is providing true and complete information to the bail bonding agent.
Shall have his or her fingerprints taken by a local law enforcement agency for the purposes of obtaining a background check. The individual is required to submit payment by certified check or money order for the fingerprints and for the background check at the time the fingerprints are taken.
Upon receipt of fingerprints and the payment for costs, the Colorado bureau of investigation shall utilize such fingerprints, the bureau’s files and records, and the files and records of the federal bureau of investigation for the purpose of determining whether the individual has been convicted of or pled guilty or nolo contendere to any felony under federal or state law during the previous fifteen years.
A licensed bail bonding agent may not hire, contract with, or pay any compensation to any individual for bail recovery services if the inquiry to the Colorado bureau of investigation required by this section indicates that the bureau has not completed a background check on the individual or if the bail bonding agent knows, through the inquiry to the Colorado bureau of investigation or through any other source, that such individual has been convicted of or pled guilty or nolo contendere to a felony under federal or state law during the previous fifteen years."
The same requirements are posted at
http://www.surety3.net/surety_3_076.htm
I hope this information is helpful.