Arrest: Taking physical custody of a person by lawful authority.
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.
Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:
(a)
is appointed by a bail bond surety; and
(b)
receives or is promised money or other things of value for this service. See Utah Code 53-11-102
Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
(a)
presenting a defendant for required court appearances;
(b)
apprehending or surrendering a defendant to a court; or
Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who:
(a)
has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and
(b)
is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Law enforcement agency: means an entity or division of:
(i)
(A)
the federal government, a state, or a political subdivision of a state;
that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
Occupied structure: means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons. See Utah Code 53-11-102
A bail enforcement agent or bail recovery agent who is searching for or planning to apprehend a person shall notify the local law enforcement agency if the search or apprehension will be conducted in an occupied structure within that law enforcement agency’s jurisdiction.
(b)
When possible, notification shall be provided before taking action, but always within 24 hours of taking action.
(c)
When a bail enforcement agent or bail recovery agent is preparing to enter an occupied structure to carry out an arrest, he shall verbally advise the local law enforcement agency of his location and intended action prior to acting.
(2)
A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall each carry with him a written document providing proof and cause for the actions he is taking as a licensee, and shall make the document available to local law enforcement agencies upon request.
