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 Post subject: Colorado Registration Clarification...
 Post Posted: Sun 03 Jul 2011 06:01 
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Joined: Sun 23 Jan 2011 19:54
Posts: 72
Location: Sheridan, Wyoming
FRN Agency ID #: 2797
Experience: 3 - 5 years
Since I have lived in Wyoming (and it being a non-regulated state) I have been searching around for states nearby that allow for Non-Resident licenses. The two closest states that allow for this type of license is Utah and Washington. I have a couple clients that I conduct business for in Washington and have debated mostly getting licensed through there as it would be easier to surrender the defendant rather than waiting for one of their other agents to get off work at their other jobs during the evening arrivals.

However, I've always understood that with Colorado that there is no licensing requirements/issuances; although, they do require that the agent be registered with the state as well as complete a state appoved P.O.S.T. Bail Agents Course. I am waiting for Suzie at the Colorado Bureau of Investigations to return my call in regards to a Non-Resident Registration as I have already completed all the necessary requirements but the fingerprinting and exam. I am considering taking a localized state course there (just for the refresher and upkeep in training)

Upon looking at their requirements page, I found one thing to be of pure interest.



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http://www.dora.state.co.us/Insurance/B ... ements.htm


Bail Recovery Requirements

House Bill 98-1224, Concerning Bail Recovery, became effective May 27, 1998. The law prohibits a bail bonding agent from hiring, contracting with, or paying compensation to an individual for bail recovery services unless certain requirements are met. The requirements are listed below:
· After January 1, 1999, applicants for bail bonding agent licensure shall be trained in bail recovery practices (not to exceed 16 hrs) according to the standards established by the Peace Officer Standards and Training Board (P.O.S.T.). Currently licensed bail bonding agents are not required to complete this training.

· After October 1, 1998, no bail bonding agent may employ a person for bail recovery services who has been convicted of, pled guilty or nolo contendere to, any felony within the last 15 years.

· Any person currently providing bail recovery services must submit a fingerprint card to the Colorado Bureau of Investigations (CBI) before July 1, 1998, in order to be assured of receiving clearance from the CBI by October 1, 1998.

· Any bail bonding agent employing a person for bail recovery services after October 1, 1998, must receive prior verification from the CBI that the individual fulfills the qualifications.

· Persons providing bail recovery services must obtain a certificate of completion of the P.O.S.T. bail recovery practice course for employment after January 1, 1999.

· The Division of Insurance shall deny, suspend or revoke a bail bonding agent’s license if they employ an unqualified individual for bail recovery services.

· The bill also allows the District Attorney to contract out for the collection of forfeited recognizances and pay for such services out of the money collected.
Persons providing bail recovery services must be fingerprinted at their local police or sheriffs department, on that department’s finger print card. The fee for this service is $38.50. A Cashier’s Check or Money Order will be accepted and must be payable to Colorado Bureau of Investigations. The fingerprint card and fee will then be submitted to the CBI and forwarded to the FBI for processing. The response will be returned to the department that took the prints.

A Bail Bonding Agent shall contact the CBI prior to hiring an individual for bail recovery services to determine if they are qualified under House Bill 1224. Contact the CBI for procedures at 303-239-4208.

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The part that I put in bold and italicized got to me. From my understanding, that provision allows registered Recovery Agents to act as and officer of the court upon beign contracted by the District Attorney to apprehend, surrender AND get paid by the courts on forfeited recognizance bonds, just as if it were a Surety Bond.

Is this true, and if so, has any recovery agent/bondsman actually tested this provision? Or has nobody actually caught onto that yet?

_________________
Timothy Soule
Soule & Associates Investigations
Sheridan, WY
307-763-3134

"As Professional Bail Enforcement Agents, we secure the Risk of the Surety by lawfully protecting the interest of not only the safety and security of our Clients and their Surety Agencies, but their Indemnitors and Defendants as well."


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 Post subject: Re: Colorado Registration Clarification...
 Post Posted: Tue 05 Jul 2011 09:31 
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Joined: Thu 09 Mar 2006 14:51
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It is the exclusive duty of the district attorney to provide for the collection of forfeited recognizances and turn the money so collected into the registry of the court declaring the forfeiture. In fulfilling such duty, the district attorney may contract with any person or entity and provide for payment of any fees and costs for the services of such person or entity out of such moneys collected.

The full explanation is stated above. What that means is the DA can hire a "collection agency" to collect the forfeited bail money, not the skip.


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