California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1 - Production of Insurance
Article 2 - Bail Transactions
Subarticle 4 - Conduct of Bail Licensees
Section 2081 - Collection and Charges Permitted

Universal Citation: 10 CA Code of Regs 2081

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

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 the bail licensee's own self 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 thereunder, or the amount allowed by the State of California to be claimed for mileage by its employees, whichever the licensee chooses.

(d) To reimburse such bail licensee 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, the licensee's employees, partners or other persons associated with the licensee 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.

1. Change without regulatory effect adding NOTE filed 7-11-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 29).
2. Change without regulatory effect amending subsections (c) and (d) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Section 1812, Insurance Code. Reference: Sections 1800, 1800.75, 1800.8, 1801, 1802, 1802.1, 1802.2, 1802.5, 1802.6, 1802.7, 1802.71, 1802.72, 1802.73, 1802.74, 1802.75, 1803, 1804, 1805, 1806, 1807, 1809, 1810, 1812 and 1813, Insurance Code.

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