IN NEW JERSEY

High-profile blunder strengthens case for bounty hunter oversight

By JEFF LINKOUS
Associated Press Writer

September 17, 2005, 3:22 PM EDT

TRENTON, N.J. -- When two bounty hunters mistakenly hauled away a Bergen County woman last June, retired FBI agent Peter Barnes picked up a fresh example for a cause he's pursued for five years now.

The Middlesex County assemblyman has sought to prevent such incidents by creating standards for a job where barely any exist. Some paperwork from the bondsman who covered the defendant's bail is about all a person needs to be a bounty hunter and earn a cut of the money forfeited when a defendant skips court.

The legislation Barnes, a Democrat, has sponsored would require bounty hunters operating in New Jersey to be licensed, have law enforcement training and undergo background checks by the state police, the same requirements now in force for private investigators.

"It's not doing away with bounty hunters. It's just bringing them under some jurisdiction when there is none," Barnes said.

Barnes' measure, one of two pending bounty hunter bills, has the support of state Attorney General Peter Harvey. Following the Bergen County incident, legislation calling for bounty hunter oversight stands a strong chance of being passed when lawmakers return to Trenton after the Nov. 8 election.

"There is nothing that the bounty hunter can show us today that he is authorized to apprehend fugitives in this state. He can't show a badge, an ID document, a license, he can't even demonstrate that he has communicated with the police department that he is running an operation in (their) town," Harvey said.

That's because nothing requires them to do so.

New Jersey and many other states have no laws defining the authority of bounty hunters, also known as bail recovery agents. They can cross state lines to apprehend fugitives, and a 19th century U.S. Supreme Court ruling still allows them to nab their quarry by any means.

"That isn't the way it should be," Harvey said.

In the late 1990s, Connecticut began requiring bounty hunters to be licensed and undergo background checks and criminal justice training. Assemblyman Neil Cohen, who chairs a committee that has received one of the bills, is studying Connecticut's rules to see how they can be applied to New Jersey.

"You're looking at professionalizing this," he said. "I'm really surprised there haven't been more problems."

To Harvey, one is enough.

In the Bergen County case, Claudia Santana, 37, of Rutherford was handcuffed and carted away to the Dover police station in Morris County by two Pennsylvania bounty hunters looking for a woman accused of embezzling from her employer.

The pair ignored Santana's attempts to show they had the wrong person, while police officers summoned to her home by her husband stood by and did nothing. Santana was eventually let go when her identification was checked at the police station.

There have been other incidents.

A bail recovery agent in south Jersey was convicted of trespassing two years ago after showing up at a Gloucester County home at 3 a.m. to pick up a fugitive. In June, a state appellate court threw out the conviction on a technicality, based in part on the 1872 U.S. Supreme Court ruling.

"The world has changed dramatically since that ruling," said Harvey, whose office argued to uphold the conviction.

Raymond Vaneman III, a bail recovery agent from Franklinville in Gloucester County, said bringing some standards to the job would help agents, not hurt them.

"It would give us more credibility in the eyes of local police. They won't think we're vigilantes," said Vaneman.

The Bergen County incident probably resulted from inaccurate information supplied by the bail bondsman, Vaneman said. Most of the time, there's no trouble picking up the defendant.

"Not everybody out there is a hard-core criminal. Sometimes they do accidentally miss court," he said.

_________________
Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)

Exerting authority over or arresting and transporting the worng person is one of the events that can not only end a persons BEA dreams but also cause shock waves across the industry.

I have repeatedly received calls from clients urging me to drop what I'm doing and rush out to make an arrest, but I decline to act as such nearly 100% of time based on the facts at hand.

I never rely soley on Polaroids as I have been given pictures mistakenly dropped in the file from other files or are of a co-signer or cousin or whomever. While I'll take a Polaroid, I always compare it to an official booking photo, and this isn't always a sure fire way to make sure.

It is absolutely imperative to practice due diligence in every case including obtaining all available identifying information on the skip, and, when in doubt, back off and recalculate your options.

Rex

Here are the pending laws governing F.R.A.'s in New Jersey now, but i have a feeling the proposals of Mr Barnes are going to change a bit with the support of Mr Harvey who does not seem to approve of B.E.A.'s at all.
As i've said before, N.J. does not recognize Taylor vs Taintor.

There are no active state laws governing fugitive recovery agents at this time. But as in any and all states there are local laws that must not be broken.




Applicable Statutes.
WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL.

(Pending Legislation) 2000 New Jersey Assembly Bill No. 341, New Jersey 209th Legislature.

Licensing Requirements for Agents.
*** NJ’s statutes currently do not contain regulations for regarding the licensing of bail bond recovery or bail enforcement agents. However, the bill listed below details a number of licensing requirements and other provisions proposed for "Bail Runners." ***

2000 New Jersey Assembly Bill No. 341, New Jersey 209th Legislature

ASSEMBLY, No. 341

STATE OF NEW JERSEY

209th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION

Sponsored by:

Assemblyman PETER J. BARNES, JR.

Assemblyman MICHAEL PATRICK CARROLL

Co-Sponsored by:

Assemblyman Augustine, Assemblywomen Friscia and Buono



VERSION: Introduced January 11, 2000

Barnes

This bill would require bail runners to be licensed as private detectives. The bill defines "bail runner" to be any person who works for a bail bond agent either as an employee or agent by assisting the bail bond agent in presenting a criminal defendant in court; in apprehending a criminal defendant or in keeping a defendant under surveillance.

The bill requires that a bail runner undergo a criminal history check, be at least 25 years of age, and have five years' experience in an investigative or law enforcement position. The bill authorizes the Superintendent of State Police to require additional education and experience for bail runners as the superintendent deems necessary.

The bill also authorizes the superintendent to set fees for both the licensing of bail runners and for all other licensees under the "The Private Detective Act of 1939" and increases the insurance requirement for private detectives and bail runners to at least $100,000 of liability coverage.

Definitions:

<<+ (g) "Bail bond agent" means a person who pledges United States currency, United States postal money orders, or cashier's checks as security for a bail bond in connection with a judicial proceeding and receives or is promised there for money or other things of value. +>>

<<+ (h) Bail runner" means a person who works for a bail bond agent, either as an employee or an agent, to assist the bail bond agent in presenting a defendant in court when required or to assist in the apprehension and surrender of the defendant to the court or to assist in keeping the defendant under necessary surveillance. +>>

Section 3 of P.L.1939, c.369 (C.45:19-10) is amended to read as follows:
<<+ No person shall act as a bail runner without being duly licensed as a private detective under P.L.1939, c.369 (C.45:19-8 et seq.) and meeting such other educational and experience requirements as are deemed necessary by the superintendent. +>> Any person, firm, association or corporation who shall violate any of the provisions of this section shall be guilty of a <<- misdemeanor ->>
No license shall be issued to a person under the age of 25 years, nor to any person, firm, association or corporation unless such person or at least one member of the firm and one officer or director of the association or corporation has had at least 5 years' experience as an investigator or as a police officer with an organized police department of the State or a county or municipality thereof, or with an investigative agency of the United States of America or any State, county or municipality thereof.

No person shall be employed by any holder of a license until he shall have executed and furnished to such license holder a verified statement, to be known as "employee's statement," setting forth:

(a) His full name, age, residence address, and place of and date of birth.

(b) The country of which he is a citizen.

(c) The business or occupation engaged in for the five years immediately preceding the date of the filing of the statement, setting forth the place or places where such business or occupation was engaged in, and the name or names of employers, if any.

(d) That he has not been convicted of a <<- high misdemeanor ->> <<+ crime +>> or of any offense involving moral turpitude or of any of the <<- misdemeanors or ->> <<+ offenses +>> described in this section.

(e) Such further information as the superintendent may by rule require to show the good character, competency, and integrity of the person executing the statement.

Notice of Forfeiture
WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture
(a) Declaration; Notice. Upon breach of a condition of a recognizance, the court on its own motion shall order forfeiture of the bail, and the criminal division manager shall forthwith send notice of the forfeiture to county counsel, the defendant, and the surety. The notice shall direct that judgment will be entered as to any outstanding bail absent a written objection seeking to set aside the forfeiture, which must be filed within 45 days of the date of the notice.


Allotted Time between Forfeiture Declaration and Payment Due Date.
WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture
(c) When a forfeiture is not set aside or satisfied, the court shall, upon expiration of the 45 days provided for in paragraph (a), summarily enter a judgment of default for any outstanding bail and execution may issue thereon.
Forfeiture Defenses.
WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture
(b) Setting Aside. The court may direct that a forfeiture be set aside if its enforcement is not required in the interest of justice upon such conditions as it imposes.
B. 3:26-7. Exoneration

When the condition of the recognizance has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surrender of the defendant into custody.
Remission.
WEST'S NEW JERSEY RULES OF COURT PART III. RULES GOVERNING CRIMINAL PRACTICE CHAPTER VI. SUPPLEMENTARY AND SPECIAL PROCEEDINGS RULE 3:26. BAIL 3:26-6. Forfeiture
(c) After entry of forfeiture judgment, the court may remit it in whole or in part in the interest of justice.
Bail Agent’s Arrest Authority.
NEW JERSEY STATUTES ANNOTATED TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE SUBTITLE 11. CRIMINAL PROCEDURE CHAPTER 160. EXTRADITION ARTICLE 2. UNIFORM CRIMINAL EXTRADITION LAW B. EXTRADITION FROM THIS STATE INTO OTHER STATES

2A:160-26. Forfeiture of bail; arrest of accused without warrant; recovery on bail bond

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.

Other Noteworthy Provisions.
NEW JERSEY STATUTES ANNOTATED TITLE 2A. ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE SUBTITLE 11. CRIMINAL PROCEDURE CHAPTER 162. BAIL AND RECOGNIZANCES 2A:162-8. Return of amounts paid on forfeited recognizances
When any court which has ordered or shall order the forfeiture of a recognizance, the amount whereof has been or shall be paid into the county treasury of any county in accordance with law, shall thereafter, in its discretion, order the return of the moneys so paid upon the forfeited recognizance, the treasurer of the county shall thereupon repay the amount of such recognizance, less the taxed costs on the proceedings to forfeit the same, to the recognizor or recognizors or the personal representatives of any deceased recognizor, who shall have paid the same into the county treasury. Application for a return of moneys so paid shall be made to the court within 4 years after the recognizance shall have been declared forfeited.
Noteworthy State Appellate Decisions.
Superior Court of New Jersey,
Appellate Division.

STATE of New Jersey, Plaintiff-Respondent,

v.

Anthony KORECKY, Defendant.

Lucky 7 Bail Bonds, Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Anthony Korecky, Defendant.

Ranger Insurance Company, Appellant.

Submitted July 5, 2000.

Decided July 14, 2000.

State sought forfeiture of $100,000 surety bond issued by bail bondsman and surety, based on defendant's violation of "no contact" provision of his recognizance. The Superior Court, Law Division, Ocean County, forfeited to State $50,000 from the bond. Bondsman and surety appealed. The Superior Court, Appellate Division, Kimmelman, J.A.D., held that trial court properly revoked bail for violation of "no contact" provision, but erred in ordering a forfeiture. Reversed and remanded.
Superior Court of New Jersey,
Appellate Division.

STATE of New Jersey (COUNTY OF BERGEN), Plaintiff-Respondent,

v.

Roni POLANCA, a/k/a Andy Rivera, Defendant,

and

International Fidelity Insurance Company, as Surety, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Dennis Kasey, Defendant,

and

International Fidelity Insurance Company, as Surety, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Fidel Bravo, Defendant,

and

International Fidelity Insurance Company, as Surety, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Jose O. Rodriguez, Defendant,

and

International Fidelity Insurance Company, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Valeria Rodriguez, Defendant,

and

International Fidelity Insurance Company, Defendant-Appellant.

Argued May 16, 2000.

Decided June 7, 2000.

After five criminal defendants failed to appear as required, the Superior Court, Law Division, Bergen, Passaic, and Monmouth Counties, entered judgments of forfeiture against corporate surety that posted bonds to ensure defendants' presence. Surety appealed. The Superior Court, Appellate Division, Muir, Jr., P.J.A.D., held that rule governing forfeiture did not violate surety's procedural due process rights. Affirmed.
Superior Court of New Jersey,
Appellate Division.

STATE of New Jersey, Plaintiff-Respondent,

v.

Daniel MERCADO, Defendant,

and

Allegheny Mutual Casualty Company, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

Ismael Garcia, Defendant,

and

Allegheny Mutual Casualty Company, Defendant-Appellant.

State of New Jersey, Plaintiff-Respondent,

v.

John Torres, Defendant,

and

Allegheny Mutual Casualty Company, Defendant-Appellant.

Argued Feb. 8, 2000.

Decided March 24, 2000.

County sought forfeiture of recognizance bonds after the defendants were rearrested without any action by the surety. The Superior Court, Law Division, Camden County, ordered forfeiture of ninety percent of the bonds. Surety appealed. The Superior Court, Skillman, P.J.A.D., held that: (1) forfeiture was permissible, even though the defendants had been rearrested and the county failed to present any evidence that the prosecution was prejudiced as a result of the defendants' failures to appear or that the state incurred any added expense, and (2) the surety had the burden of proving that it satisfied its obligations. Affirmed.
State v. American Banking Ins. Co. of Florida

263 N.J.Super. 124, 622 A.2d 261 (A.D.1993)

It was not inequitable for bail bondsman to lose not only $100,000 put up in form of bond because defendant failed to make court appearance, but also security interest in property because of forfeiture of property to government, absent basis for exception to forfeiture.
State v. Poon

244 N.J.Super. 86

581 A.2d 883 (A.D.1990).



It is inappropriate to adopt per se rule prohibiting any remission of bail forfeiture in circumstances where defendant cannot be returned to jurisdiction because of deportation, particularly if indictment was dismissed for reasons not related to defendant's nonappearance; among factors to be considered in determining equities of situation include efforts of State, defendant, and surety to return defendant to jurisdiction.
Bounty Hunter Provisions.
There is talk about grandfathering already existing / active fugitive recovery agents into the new law's if there ever passed.