Virginia Code 9.1-186.12: Recovery of bailees; methods of capture; standards and requirements; limitations
A. During the recovery of a bailee, a bail enforcement agent shall have a copy of the relevant recognizance for the bailee. He shall also have written authorization from the bailee’s bondsman, obtained prior to effecting the capture. The Department shall develop the written authorization form to be used in such circumstances.
Terms Used In Virginia Code 9.1-186.12
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bailee: means a person who has been released on bail, and who is or has been subject to a bond, as defined in § 19. See Virginia Code 9.1-186
- Department: means the Department of Criminal Justice Services. See Virginia Code 9.1-101
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. A bail enforcement agent shall not enter the residence of another without first verbally notifying the occupants who are present at the time of entry.
C. Absent exigent circumstances, a bail enforcement agent shall give prior notification of at least 24 hours to local law enforcement or state police of the intent to apprehend a bailee. In all cases, a bail enforcement agent shall inform local law enforcement within 60 minutes of capturing a bailee.
D. A bail enforcement agent shall not break any laws of the Commonwealth in the act of apprehending a bailee.
2004, c. 397.