US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 10
                              PRODUCER LICENSING
    41-1044.  EARLY SURRENDER OF DEFENDANT TO CUSTODY -- RETURN OF PREMIUM.
(1) A bail agent shall immediately return in full all premium and collateral
associated with a bail transaction if the bail agent without good cause or in
violation of the bail contract surrenders the defendant to custody before the
time specified in the undertaking of bail or the bail bond for the appearance
of the defendant or, if no time is specified in the undertaking or bond,
before the time the defendant is lawfully required to appear in court.
    (2)  A bail agent has good cause for the early surrender of a defendant if
the defendant has changed addresses without notifying the bail agent, engaged
in self-concealment, left the jurisdiction of the court without permission of
the bail agent or the court, materially breached the terms of the bail
contract, or has otherwise acted in a manner that materially increases the
risk of loss assumed by the bail agent or surety. A failure to pay the premium
when due shall constitute good cause for early surrender only if at the time
of the bail transaction the bail agent obtains the payor's signature on a
written statement clearly stating the amount of premium due, the date by which
the premium must be paid and that the failure to pay the premium by the due
date will result in the early surrender of the defendant and forfeiture of any
premium paid.
    (3)  Before surrendering a defendant early for good cause, a bail agent
shall prepare a signed and dated written statement fully describing the facts
upon which the agent relied in determining that good cause exists for the
early surrender of the defendant. The statement shall be maintained as a
record of the bail transaction and shall be made available to the department
upon request. A bail agent who surrenders a defendant early for good cause
shall not be entitled to seek recovery of any unpaid premium.