Bail Agent Compensation of Incarcerated Persons Prohibited

State of Idaho

DEPARTMENT OF INSURANCE

C.L. “BUTCH” OTTER

Governor

700 West State Street, 3rd Floor

P.O. Box 83720

Boise, Idaho 83720-0043

Phone (208)334-4250

Fax (208)334-4398

Website: http://www.doi.idaho.gov

DEAN L. CAMERON

Director

BULLETIN NO. 17-04

DATE:

August 2, 2017

TO:

Surety Insurers and Insurance Producers Doing Bail Bond Business in Idaho

FROM:

Dean Cameron, Director

SUBJECT:

Bail Agent Compensation of Incarcerated Persons Prohibited

Background and Introduction

The purpose of this bulletin is to notify bail agents writing bail bonds in Idaho of House Bill 136

enacted by the Idaho Legislature during the 2017 legislative session. Specifically, this bill added

a new subsection of the Idaho Insurance Code, § 41-1016(1)(o), effective July 1, 2017, which

concerns compensating or agreeing to compensate any incarcerated person.

New Legislation

Effective July 1, 2017, Idaho Code § 41-1016(1)(o) provides that the following is prohibited:

In the case of a bail agent, compensating or agreeing to compensate any incarcerated person

to influence or encourage another incarcerated person or other incarcerated persons to

engage the bail agent’s services or the services of the bail agent’s company or of other bail

agents employed by such bail company. For purposes of this subsection, compensating

any incarcerated person shall include providing payment in any form to any person,

organization or entity designated by the incarcerated person to receive such payment.

The stated purpose of the bill is to assure that inmates in a county jail are not put in a position to

be pressured by other inmates to do business with certain bail agents to the exclusion of other bail

agents.

If you have questions concerning the solicitation of incarcerated persons, please contact the

Consumer Affairs Section of the Department at (208)334-4250.