(1) As used in this section, "bail enforcement agent" or "agent" means a person who:
(a)  Is empowered to arrest or surrender a defendant at any time before the exoneration of bail; and
(b)  Meets the requirements of this section.
(2)  Requirements. An agent must:
(a)  Be eighteen (18) years of age or older;
(b)  Be a citizen or legal resident of the United States;
(c)  Not have been adjudicated as having suffered from any of the following conditions, based on substantial evidence:
(i)   Lacking mental capacity as defined in section 18-210, Idaho Code;
(ii)  Mentally ill as defined in section 66-317, Idaho Code;
(iii) Gravely disabled as defined in section 66-317, Idaho Code; or
(iv)  An incapacitated person as defined in section 15-5-101, Idaho Code; and
(d)  Not be a fugitive from justice.
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Terms Used In Idaho Code 19-2914A

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. See Idaho Code 19-2905
  • Bail agent: means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings. See Idaho Code 19-2905
  • Cash deposit: means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court. See Idaho Code 19-2905
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exoneration: means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond. See Idaho Code 19-2905
  • Person: means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho. See Idaho Code 19-2905
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Property bond: means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered. See Idaho Code 19-2905
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Surety insurance company: means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code. See Idaho Code 19-2905
  • Surrender: means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending. See Idaho Code 19-2905
  • Venue: The geographical location in which a case is tried.
(3)  Required items and information. During an arrest pursuant to section 19-2914, Idaho Code, a bail enforcement agent must possess:
(a)  An affidavit extending the authority to arrest the defendant;
(b)  The name, last known address, and photograph of the defendant;
(c)  The name and principal address of the surety insurance company, its bail agent, or the person posting a property bond or cash deposit that is empowering the bail enforcement agent to arrest the defendant; and
(d)  A valid driver’s license or other photographic identifying document or information.
(4)  Identification. A badge shall be worn by bail enforcement agents that is designed exclusively for bail enforcement agents. The badge must clearly delineate the title of "bail enforcement agent" directly on and below the badge.
(5)  Notification to the sheriff. Prior to making a planned apprehension, an agent must first provide notice to the county sheriff of the county within which the planned apprehension is to occur.
(6)  Prohibitions. Upon appointment, until either revocation of appointment or the exoneration of bail, an agent may not:
(a)  Represent himself as a peace officer or an employee of any department of a federal, state, or local law enforcement agency;
(b)  Wear any uniform that would represent the agent as a peace officer or an employee of any department of a federal, state, or local government;
(c)  Use a fictitious name that would represent the agent as a peace officer or an employee of a department of a federal, state, or local government; or
(d)  Carry a weapon, unless in compliance with all state and federal laws.
(7)  Penalty. Any person who violates the provisions of subsection (2), (3), (4), or (5) of this section for the first offense shall be liable for a misdemeanor penalty of a fine not to exceed one thousand dollars ($1,000). For any second or subsequent offense, the person shall be subject to a misdemeanor penalty not to exceed six (6) months in jail and a fine not to exceed one thousand dollars ($1,000). Any person who fails to obtain authority from a surety insurance company or its bail agent, or the person posting a property bond or cash deposit in accordance with section 19-2914, Idaho Code, or a similar law of another state, or who attempts to arrest or surrender a defendant without meeting the requirements of subsection (2) of this section, or who violates the provisions of subsection (6) of this section, is guilty of a misdemeanor.
(8)  Requirements for prosecution. Venue for prosecution for a violation under the provisions of this section shall be in the county where the violation occurred, and such prosecution will be handled by the prosecuting attorney of such county. A prosecution for a violation of this section must be commenced within the time limitations set forth in section 19-403, Idaho Code.
(9)  A bail agent who appoints a bail enforcement agent is required to keep a copy of the bail enforcement agent’s appointment and may rely thereon that the bail enforcement agent has met the requirements of this section.