Bail Bonds Negotiation, Fees, Charges and Commissions

The following California Bail regulations and laws are taken from Title 10, Article 2 of the California Code of Regulations and the California Penal Code as related to bail. This index includes codes related to negotiating bail, bail bond fees and bail bond commissions. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.

Admission of guilt as prerequisite for program

Penal

1001.66

Agreement for release

Penal

1318

Agreements; guarantor; delivery; notices

Title 10

2084

Arrestee; solicitation of; hours

Title 10

2079.1

Arrestee; tender of documents

Title 10

2099

Bail bonds; execution by individuals

Insurance

1800.7

Chargeable rates

Title 10

2094.1

Charges permitted

Title 10

2081

Charges; filing

Title 10

2094.2

Charges; schedule; filing

Title 10

2094

Charges; service; prohibited

Title 10

2082

Collection permitted

Title 10

2081

Commissions; payment

Title 10

2054.4

Differences in rates; filing of charges

Title 10

2094.2

Fiduciaries; theft of funds

Insurance

1733

Fiduciary funds; maintenance

Insurance

1734.5

Filing schedule of charges

Title 10

2094

Guarantor agreements; delivery, notices

Title 10

2084

Negotiation of bail; persons

Title 10

2080

Rate differences; filing of charges

Title 10

2094.2

Rates chargeable

Title 10

2094.1

Waiver of rights of guarantor; prohibited

Title 10

2087


Admission of guilt as prerequisite for program

Penal 1001.66
See also Bail Definitions

1001.66. At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.

Agreement for release

Penal 1318

1318. (a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized to accept bail a signed release agreement which includes: (1) The defendant's promise to appear at all times and places, as ordered by the court or magistrate and as ordered by any court in which, or any magistrate before whom the charge is subsequently pending. (2) The defendant's promise to obey all reasonable conditions imposed by the court or magistrate. (3) The defendant's promise not to depart this state without leave of the court. (4) Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California. (5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.
(4) Agreement by the defendant to waive extradition if the defendant fails to appear as required and is apprehended outside of the State of California. (5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.
(5) The acknowledgment of the defendant that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release.

Agreements; guarantor; delivery; notices

Title 10 2084

See also Forms & Documents

2084. Guarantor Agreements; Delivery; Notices
All guarantor agreements shall be in writing, or reduced to writing as soon as possible
after consummation. If any person acts as a guarantor, a copy of the guarantor's
agreement shall be delivered to him promptly upon his execution thereof. No bail
licensee shall enforce any such agreement without disclosing to the guarantor all
collateral held by such licensee indemnifying the bond to which the agreement relates,
and the identity of all other guarantors thereof, if any.

Arrestee; solicitation of; hours

Title 10 2079.1

See also Unlawful or Prohibited

2079.1. Solicitation of Arrestee; Hours
Any solicitation of an arrestee himself pursuant to Section 2079 (a) shall be only after a
bona fide request for bail services has been received from the arrestee or from a
person specified in Section 2079 (b) or (c). Any solicitation of a person specified in
Section 2079 (c) or (d) shall be only between the hours of 7 o'clock a.m., and 11 o'clock
p.m., unless the bail licensee is directly and specifically authorized in writing by the
arrestee or the arrestee's attorney to make such solicitation at some other specific time.

Arrestee; tender of documents

Title 10 2099

See also Forms & Documents

2099. Documents; Tender to Arrestee or Representative
Every bail licensee shall tender a copy of any document which is executed by any
person with whom bail is negotiated to such person at the time of the execution thereof.

Bail bonds; execution by individuals

Insurance 1800.7

1800.7. Any individual person may execute or furnish a bail bond if no consideration is paid or allowed, directly or indirectly, by any person for the execution or furnishing thereof, provided such person does not in connection with such execution or furnishing violate Section 1800.75.

Chargeable rates

Title 10 2094.1

2094.1. Rates Chargeable
No bail permittee shall issue or deliver a bail bond except at the rates most recently
filed with the commissioner in accordance with Section 2094.

Charges permitted

Title 10 2081

See also Unlawful or Prohibited

2081. Collection and Charges Permitted
No bail licensee shall, in any bail transaction or in connection therewith, directly or
indirectly, charge or collect money or other valuable consideration from any person
except for the following purposes:
(a) To pay the premium at the rates established by the insurer and set forth
on the undertaking of bail or to pay the charges for the bail bond filed in
connection with such transaction at the rates filed in accordance with Section
2094.
(b) To provide collateral.
(c) To reimburse himself for actual, necessary and reasonable expenses
incurred in connection with the individual bail transaction, including but not
limited to:
(1) Guard fees after the first 12 hours following release of an
arrestee on bail;
(2) Notary fees, recording fees, necessary long distance telephone
expenses (i.e., telephone calls billed by the telephone company as “long
distance," but not those for which “message unit" charges only are
made); telegram charges, travel expenses and verification of collateral
outside of the county where the bail was arranged; a reasonable posting
fee charged by a licensee operating in a county other than that where
the bail was arranged; providing that no charge shall be made for travel
from the licensee's office to post bail in an area where the licensee
advertises in the yellow pages of the telephone directory unless the
advertisement specifically so states. Such travel charges, when
permitted, shall not exceed the amount allowed to be taken as a travel
expense for income tax purposes under the federal Internal Revenue
Code and Regulations there under, or the amount allowed by the State of
California to be claimed for mileage by its employees, whichever the
licensee chooses.
(d) To reimburse himself for actual reasonable and necessary expenses
incurred and caused by a breach by the arrestee of any of the terms of the
written agreement under which and pursuant to which the undertaking of bail or
the bail bond was written. Such reimbursement may not exceed the penal
amount of such undertaking or bond and may include a reasonable charge for
the services of the licensee, his employees, partners or other persons
associated with him in the particular transaction of bail.
(e) If a forfeiture of bail occurs and is not set aside, the expenses under (c)
and (d) of this Section which are incurred within 180 days of such forfeiture may
be charged in addition to the amount of such forfeiture.

Charges; filing

Title 10 2094.2

See also Bail License Types & Unlawful / Prohibited

2094.2. Filing of Charges; Differences in Rates
If a person is licensed as both a bail agent and a bail permittee or licensed in either
capacity but conducting his bail business under an agreement with a person licensed in
the other capacity, any filing made pursuant to Section 2094 shall state all differences
between the premiums charged for undertakings of bail and the charges made for bail
bonds and the reasons therefor. If there is any such difference and if for his own
convenience a bail licensee shall substitute or cause to be substituted one type of
obligation for the other, he shall do so without additional premium or charge. Such
substitution without additional premium or charge may not be used as a device or
means of avoiding compliance with Section 2094 or with Chapter 9, Part 2, Division 1 of
the Insurance Code.

Charges; schedule; filing

Title 10 2094

See also Bail License Types & Insurance Commissioner

2094. Filing Schedule of Charges
Every bail permittee shall file with the commissioner a schedule of charges to be made
for bail. He shall also file with the commissioner any change in such charges at least
five days prior to the effective date thereof. Such charges and changes so filed are
public records.

Charges; service; prohibited

Title 10 2082

See also Unlawful or Prohibited

2082. Prohibited Service Charges
Except to the extent permitted by Section 2081 (c), (d) , and (e), no bail licensee shall
make any charge for his services in a bail transaction in addition to the premium on an
undertaking of bail or the charge for a bail bond at the rates filed in accordance with Section 2094.

Commissions; payment

Title 10 2054.4

See also Unlawful or Prohibited

2054.4. Payment of Commissions; Unlawful Rebates; Prohibited
No person may receive commission on bail or the transaction of bail as defined in
Section 2054.3 unless he holds a bail license as defined in Section 2054.1. No bail
licensee shall pay or allow in any manner, directly or indirectly, to any person who is not
also a bail licensee any commission or other valuable consideration on or in connection
with a bail transaction. This section shall not prohibit payments by a bail licensee to an
unlicensed person of charges such person for services of the kind specified in Section
2081(c) and (d).

Fiduciaries; theft of funds

Insurance 1733

1733. All funds received by any person acting as an insurance agent, broker, or solicitor, life agent, life analyst, surplus line broker, special lines surplus line broker, motor club agent, bail agent, permittee, administrator as defined in Section 1759, or solicitor, as premium or return premium on or under any policy of insurance or undertaking of bail, are received and held by that person in his or her fiduciary capacity. Any such person who diverts or appropriates those fiduciary funds to his or her own use is guilty of theft and punishable for theft as provided by law. Any premium that a premium financer agrees to advance pursuant to the terms of a premium finance agreement shall constitute fiduciary funds as defined in this section only if actually received by a person licensed in one or more of the capacities herein specified.

Fiduciary funds; maintenance

Insurance 1734.5

1734.5. (a) (1) If fiduciary funds, as defined in Section 1733, are received by any person licensed, whether under a permanent license, restricted license, temporary license, or certificate of convenience, to act in any of the capacities specified in Section 1733, and the funds are not remitted, or maintained pursuant to subdivisions (a) and (b) of Section 1734, the funds shall be maintained in any of the following: (A) United States government bonds and treasury certificates or other obligations for which the full faith and credit of the United States are pledged for payment of principal and interest. (B) Certificates of deposit of banks or savings and loan associations licensed by any state government within the United States, or the United States government. (C) Repurchase agreements collateralized by securities issued by the United States government. (D) Either of the following: (i) Bonds and other obligations of this state or of any local agency or district of the State of California having the power, without limit as to rate or amount, to levy taxes or assessments upon all property within its boundaries subject to taxation or assessment by the local agency or district to pay the principal and interest of the obligations. (ii) Revenue bonds and other obligations payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by this state, or a local agency or district or by a department, board, agency, or authority thereof. (2) The bonds and obligations described in subparagraph (D) of paragraph (1) shall either have maturities of not more than one year or afford the holder of the obligation the unilateral right to redeem the obligation from its issuer within one year from date of purchase at an amount equal to or greater than its par value, and the bonds and obligations shall be required to be rated at least Aa1, MIG-1/VMIG-1, or Prime-1 by Moody's Investor Service, Inc., or AA, SP-1, or A-1 by Standard and Poor's Corporation. (3) For the fiduciary funds maintained as provided in paragraph (1), the bonds, certificates, obligations, certificates of deposit, and repurchase agreements shall be valued on the basis of their acquisition cost. (b) As a condition to maintaining the fiduciary funds pursuant to this section, a written agreement shall be obtained from each and every insurer or person entitled thereto authorizing the maintenance and the retention of any earnings accruing on the funds. (c) Evidence of the funds shall be maintained on California business by a bank, as defined in Section 102 of the Financial Code, or a savings association, as defined in Section 143 or 5102 of the Financial Code, in a custodian or trust account in California, separate from any other funds, in an amount at least equal to the premiums and return premiums, net of commissions received by him or her and unpaid to the persons entitled thereto, or, at their discretion or pursuant to a written contract, for the account of these persons. However, the person may commingle with the fiduciary funds any additional funds as he or she may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return premiums, or for any contingencies that may arise in his or her business of receiving and transmitting premium or return premium funds. (d) The commissioner shall not have jurisdiction over any disputes arising between parties concerning the maintenance of fiduciary funds pursuant to this section. However, this subdivision shall not otherwise affect the authority granted to the commissioner over fiduciary funds by other provisions of this code, or regulations adopted pursuant thereto. As used in this subdivision, "parties" shall not include the commissioner. (e) Investment losses to the principal of fiduciary funds maintained pursuant to this section are the responsibility of the person licensed, whether under a permanent license, restricted license, temporary license, or certificate of convenience, to act in any of the capacities specified in Section 1733, and any obligation to insurers or other persons entitled to the fiduciary funds shall in no way be diminished due to any loss in the value to the principal of the fiduciary funds held pursuant to this section.

Negotiation of bail; persons

Title 10 2080

See also Insurance Commissioner

2080. Negotiation of Bail; Persons
No bail licensee shall negotiate concerning bail, except with:
(a) A person specified in Section 2079;
(b) Any other person who without previous solicitation on the part of the bail
licensee has requested his services.

Waiver of rights of guarantor; prohibited

Title 10 2087

See also Unlawful or Prohibited

2087. Waiver of Rights of Guarantor, Prohibited
No bail licensee shall require the waiver by a depositor of collateral or by a guarantor of
any right he might have or thereafter acquire in connection with any bail transaction. No
bail licensee shall require or accept in connection with any bail transaction any waiver
of defense, confession of judgment, or other agreement impairing the right of the
person with whom the bail is negotiated or any depositor of collateral or guarantor to a
determination of his rights in a civil court.

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Updated: 03/03/2010


 
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Bondsman-Owner


1-877-861-3761
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