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Center for Media and Democracy Alec Model Legislation Bail Forfeiture Notification Act

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MODEL LEGISLATION
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and aFORCES
VOTE,” according
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Model Legislation

Public Safety and Elections

Bail Forfeiture Notification Act

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Summary: This act requires the court to send prompt notice of bail forfeiture
to the surety, depositor of money, and bail agent posting the bond.
Section 1: {Notification of Bail Forfeiture}
(a) Upon a forfeiture of bail exceeding $400, the clerk of the court declaring
such forfeiture shall, within thirty (30) days, send notice of the forfeiture via
certified mail to,
(1) the bond surety or depositor of money posted as bail; and
(2) the bail agent listed on the bond; and
(3) any other party to be notified in case of forfeiture listed on the bond or
documents attached thereto.
(b) Failure to notify any party listed in subsection (a)(1) through (a)(3) shall not
constitute compliance under this section.
(c) The court shall retain the certificates of mailing for each notice in the court’s
records.
Section 2: {Release of Surety or Depositor Obligations}
The bond surety or depositor of money posted as bail shall be released from all
obligations if,
(a) the court fails to notify the required parties within thirty (30) days after
forfeiture; or
(b) the clerk fails to send the notice to the surety at the address shown on the
bond or documents attached thereto; or
(c) the clerk fails to send the notice to the surety’s agent at the address shown
on the bond or documents attached thereto.
Section 3: {Severability Clause}
Section 4: {Repealer Clause}
Section 5: {Enactment Clause}
Adopted by the Criminal Justice Task Force at the States and Nation Policy
Summit December 9, 2006. Approved by the ALEC Board of Directors January 8,
2007.

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This Model Act
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when one of their "clients" jumps bail. Typically, an accused person pays a bondsman 10% of their bail, with
the understanding that the bondsman is liable for the full amount of the bail if the person fails to appear at
court. This Act specifies that the bondsman will no longer be liable for the payment if court staff do not follow
certain notification procedures. This has the effect of establishing new burdens on the clerk of courts and
allows the bailbondsman to avoid payment if the clerk does not meet those burdens. There is a long history of
bailbondsmen influencing courts. A clerk's failure to meet the procedural notification requirements could be
negligence or an intentional act to benefit a particular bondsman.