John Marshall

Charleston West Virginia

 

I have been in the Loss Prevention field around 13 years. I have made a name for myself in the business. I have aapprehended over one thousand or so shoplifters. I am also wicklander & Zulaski certified for interviews and interrogations. Many people do not understand my field of work and surely do not understand the risk of physical harm that comes with the job. I have always had an interest for Law enforcement but due to hearing problems I can not pass the physical. I have several months experience as a Correctional officer in the State of Virginia which required excellent training to prepare for the job etc. I want to know if there is some type of training for Bailbondsman or Bounty Hunter for this area? I would most definately love to take a turn in my career to do such a job. If so where do I sign up?

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John,

 

I certainly appreciate the inherent risks associated with LP- I was in the field for quite some time before doing this and PI work full time. I am also WZ certified and have found the techniques learned hugely important in everything I do ("just turn it off" around family and friends right?).

 

I am unaware of any specific training program in the West Virginia area (I would highly suggest our online seminar).

 

WV does have licensing and some odd restrictions on bail enforcement, for instance you can only work one defendant/fugitive assignment at a time (this would be terribly inconvenient), you have to register and submit a form with the state police before you conduct each new assignment, etc.

Individuals may obtain registration application packets and related forms from: West Virginia State Police, Criminal Records Section, Bail Bond Enforcer Registration, 725 Jefferson Road, South Charleston, West Virginia 25309-1698.

Below my sig line I have included an interesting article regarding the current laws, it has WV State Police contact information at the bottom...

 

Warmest Regards,

 

L. Scott Harrell

CompassPoint Investigations

"In Relentless Pursuit for Your Success"

 

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Bail Bond Enforcers

1/Sgt. D. W. Skeen

 

During the 2000 legislative session Chapter 51 of the West Virginia Code was amended by the addition of a new article (10A) that requires bail bond enforcers to register as such with the West Virginia State Police. As part of this new legislation, the State Police was required to develop an administrative rule to govern bail bond enforcers. This administrative rule, 81CSR15, is now in effect.

 

Bail bond enforcers, commonly known as "bounty hunters", "skip tracers" or "bail enforcement agents" are defined in the West Virginia Code §51-10A-1(b) as: "a person who on behalf of a bail bondsman enters this state or is present in this state for the purposes of: (1) Assisting a bail bondsman in presenting the defendant in court when required; (2) assisting in the apprehension and surrender of the defendant to a court; (3) keeping a defendant under surveillance; or (4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded. The term bail bond enforcer does not include a duly licensed attorney-at-law or a law-enforcement officer assisting a bail bondsman."

 

It is important to note that, this law does not apply to a bail bondsman, who is defined as "any person, partnership or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with a criminal offense or violation of law punishable by fine or imprisonment before any court within or without this state." While a bail bondsman and a bail bond enforcer may perform some of the same functions, the current law only applies to bail bond enforcers.

 

Before operating in the state of West Virginia a bail bond enforcer must now register as such with the State Police. An applicant seeking registration must be a citizen of the United States, be at least 21 years of age, have no felony convictions and no misdemeanor convictions that are violent in nature or that involve a firearm or other dangerous weapon. Additionally, a bail bond enforcer must have an authorization from a bail bondsman to be registered.

 

A bail bond enforcer cannot act in such a capacity until authorized to do so by a bail bondsman. A bail bondsman who wants to employ a bail bond enforcer must complete an authorization form and submit the same to the State Police. Upon verification of registration, the bail bond enforcer will then be sent an authorization card. Authorizations may be in one of two forms. A bail bondsman conducting a bonding business in this state may grant continuing authorization to a bail bond enforcer who is a citizen and resident of this state. This authorization may be statewide, for certain counties or judicial circuits of the state, with respect to all defendants for whom the bail bondsman acts as surety to secure an appearance. This authorization shall be valid for a period not to exceed two years.

 

The second type of authorization is a specific authorization. A specific authorization must name the defendant(s) and is valid for no more than sixty days. A bail bondsman within the state may give a specific authorization to a resident bail bond enforcer instead of a continuous authorization. If a bail bondsman conducts the bonding business in another state or if the bail bond enforcer is a resident of another state only the specific authorization can be used.

 

When performing any of the functions of a bail bond enforcer the individual is required to have in their possession a valid government issued photo identification as well as a valid authorization card. If the bail bond enforcer is making an apprehension of a defendant, an apprehension authorization or a bail piece must also be in their possession.

 

Prior to attempting to apprehend a subject a bail bond enforcer is required to first notify the State Police primary radio station for the area where they are attempting to take a person into custody. If the bail bond enforcer is from out of state, the State Police must also be notified as to when the bail bond enforcer will be entering the state and when they are leaving.

 

In addition to the certain requirements, there are also limitations placed on bail bond enforcers. A bail bond enforcer can not enter an occupied residential structure without the consent of the occupants who are present at the time of the entry. They can not utilize any uniform, badge or identification that implies they are an employee or agent of the state, any political subdivision of this state or the federal government. A bail bond enforcer shall not conduct an apprehension without exercising due care to protect the safety of persons other than the defendant and property of persons other than the defendant. Registration as a bail bond enforcer does not authorize them to carry a concealed weapon or exempt them from the requirements of §61-7 (Dangerous Weapons) of the Code of W. Va. or any other provisions of law.

 

A bail bond enforcer who violates the provisions of this law is guilty of a misdemeanor and may be fined not less than five hundred dollars or more than ten thousand dollars, or imprisoned in the county jail not more than sixty days, or both fined and imprisoned. A bail bondsman who allows a bail bond enforcer to act in a manner prohibited by this law is subject to a civil penalty of ten thousand dollars.

 

Individuals may obtain registration application packets and related forms from: West Virginia State Police, Criminal Records Section, Bail Bond Enforcer Registration, 725 Jefferson Road, South Charleston, West Virginia 25309-1698.

 

Any member with questions concerning this law or the administrative rule may direct their inquiries to F/Sgt. David W. Skeen, Planning and Research Section, 746-2109.