Current through Register Vol. 50, No. 9, September 20, 2024
A. A
bail bond producer or surety that accepts collateral as security for a bail
bond shall comply with all of the following requirements:
1. For a bail bond producer or surety to
accept collateral, the person pledging the collateral must have voluntarily
pledged it at the time of the bail bond transaction and execution of the
written collateral agreement. The intent to pledge collateral to secure the
defendant's release must be clearly stated and verified by the signature of the
person pledging the collateral.
2.
The collateral shall be received and held in the surety's name by the bail bond
producer or surety in a fiduciary capacity.
3. The collateral must be reasonable in
relation to the face amount of the bond, and the collateral's value must be
determined before the collateral agreement is executed.
4. The bail bond producer or surety shall
keep and maintain collateral separate and apart from any other funds or
assets.
5. It shall be a prohibited
act pursuant to
R.S.
22:1562 for any bail bond producer or surety
to use any collateral for personal benefit or gain, or to fail to return the
collateral to the person pledging it in the same condition as received by the
bail bond producer or surety.
6.
The bail bond producer or surety shall provide the person pledging the
collateral a written receipt for the collateral received. The written receipt
must include a detailed and specific description of the collateral, the full
name of the person pledging the collateral, the full name of the defendant, the
date of the bond, the approximate value of any non-cash collateral, and the
specific amount of cash or other collateral.
7. If the parties to the collateral agreement
subsequently agree to substitute other things of value as collateral, the
substitution must be reflected in a new written collateral agreement, and the
bail bond producer or surety must issue a new written receipt to the person
pledging the substituted collateral.
8. The bail bond producer or surety shall
return the collateral to the person who pledged the collateral not more than 30
days after the bail obligation is discharged in accordance with article 331 of
the Code of Criminal Procedure.
B. If a forfeiture of the bail bond occurs,
the bail bond producer or surety shall provide the person who pledged the
collateral 10 days written notice from the date that a judgment of bond
forfeiture is signed of the bail bond producer or surety's intent to take
possession of the collateral deposit to satisfy the forfeiture. The notice
shall be sent by certified mail, return receipt requested, to the last known
address of the person who pledged the collateral. If the collateral received by
a bail bond producer is in excess of the bail forfeited, the bail bond producer
or surety shall return the excess to the person who pledged the collateral
within 30 days from the date a judgment of bond forfeiture is satisfied, less
any verifiable and appropriate administrative expenses specifically provided
for in Section 18715
below.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
22:2,
22:11,
22:1542,
22:1547,
22:1554,
22:1562, C.Cr.P. art 311, et seq,
and the Administrative Procedure Act,
R.S.
49:950, et
seq.
