On September 16, 1999, Assembly Bill 243 introduced by Assembly Member Scott Wildman, was signed into law, first establishing the Bail Fugitive Recovery Persons Act codified as Article 5.5 of the California Penal Code (Section 1299-1299.14). However the Act had a "sunset clause" which repealed the Act on January 1, 2005. This was extended by 2004 legislation (AB 2238 introduced by Assembly Member Todd Spitzer) but the Act was later repealed on January 1, 2010 when the Legislature did not take further action, leaving bail fugitive recovery in California, unregulated.
On February 23, 2012, Assembly Member Ammiano re-introduced the Bail Fugitive Recovery Persons Act as Assembly Bill 2029 which was signed into law by the Governor on September 29, 2012 and again codified as Penal Code Section 1299. See http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1299-1299.12. It had virtually no opposition. http://openstates.org/ca/bills/20112012/AB2029/ If you are interested in an analysis of this bill (which discusses the need for the law) you can find it here: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2001-2050/ab_2029_cfa_20120626_092908_sen_comm.html
The Bail Fugitive Recovery Persons Act requires a bail agent, licensed after 1/1/00, or a Bail Agent licensed after that date, or a person contracting out their services as a fugitive recovery agent, to be 18 years of age, have completed
1. A 40-hour course certified by the Commission Police Office Standards and Training pursuant to Penal Code Section 832.
2. A 20-hour course of classroom education certified pursuant to 1810.7 of the Insurance Code.
The legislation also prohibits convicted felons from working as Bail Fugitive Recovery Persons and requires that the local police department or sheriff's department be notified of a person's intent to apprehend a bail fugitive within their jurisdiction, no less than 6 hours prior to the intended apprehension.
The original author published a concise summary of the Act: "The Bail Fugitive Recovery Persons Act was established in 1999 in response to California lawmakers' concerns about some bounty hunters retrieving fugitives in unlawful ways. The Act's main provisions required bail fugitive recovery persons to be at least 18 years of age and specified background, training, education and documentation requirements, and required such persons to work under the express written authorization of a licensed bail agent. The Act prohibited bail fugitive recovery persons from wearing a uniform or carrying badges that could imply that the person works for a governmental agency or public safety task force. Additionally, the Act required bail fugitive recovery persons to provide local law enforcement with at least 6 hours notice of his or her intent to apprehend a bail fugitive, except in exigent circumstances."
Transferring fugitives between sub-national regions (for example, between the individual states of the United States) when required by law is known as rendition. Transferring fugitives between national regions is known as extradition.
INTERNATIONAL DISCLAIMER: The materials cotained in Globalfugitiverecovery.com have been prepared by Global Fugitive Recovery in Santa Ana, California for informational purposes only and are not intended as legal advice. The information available on the website is not intended to create, and receipt of it does not constitute, any professional relationship of any type. The information on legal issues available on this website is not a substitute for legal advice from a qualified attorney, solicitor, barrister or other legal professional authorized to practice law in the appropriate jurisdiction.
Outside of the US (and in some states) Fugitive Recovery Agents have no official standing. While we cannot directly arrest a fugitive in another country, we can investigate, locate and facilitate the arrest of a fugitive through local law enforcement channels. If available, we will involve the FBI's Legal Attaché offices, commonly known as Legats. The Legats and smaller sub-offices of the FBI are located in more than 70 key cities worldwide, providing coverage for more than 200 countries, territories, and islands. While international fugitive apprehension is not the primary objective of the FBI's overseas offices, they do provide assistance in some fugitive recovery situations. However, in all cases involving US fugitives, we will notify the Secretary of State and seek the cooperation of the Regional Security Officer at the embassy since they generally arrange the transportation back to the US via US Marshalls.
International extradition exists only by authority of an international treaty with the nation where the fugitive is located. Extradition treaties limit extradition to certain offenses and not all fugitives can be extradited. In some rare cases extraditions can be conditional. For instances, as a condition of extradition from a country that does not implement the death penalty, the prosecutor may agree to limit the maximum sentence to life in prison without the possibility of parole.
Once the foreign authorities notify the American Embassy that the fugitive is ready to be surrendered, the Office of International Affairs (OIA) will inform the prosecutor and arrange with the United States Marshals Service for agents to escort the fugitive to the United States.
In California, if a person is in custody in a foreign jurisdiction and the prosecuting agency elects not to seek extradition after being informed of the location of a fugitive defendant, the bond may be exonerated.
While fugitive recovery is our focus, our ultimate goal is exoneration of the bond and once you contract with us, we provide expert assistance to you with this goal as our primary objective.
DISCLAIMER: The materials cotained in Globalfugitiverecovery.com have been prepared by Global Fugitive Recovery in Santa Ana, California for informational purposes only and are not intended as legal advice. The information available on the website is not intended to create, and receipt of it does not constitute, any professional relationship of any type. The information on legal issues available on this website is not a substitute for legal advice from a qualified attorney, solicitor, barrister or other legal professional authorized to practice law in the appropriate jurisdiction.