It is surprising to many people that commercial bail agencies are a part of the state insurance industry. Bail agents and companies are regulated by the State Department of Insurance similar to home, auto and health insurers. They must follow regulations set by the Department and be licensed just as any other insurance agent. This is because a bail bond is, in actuality, a type of insurance policy.
A bail bond is an insurance policy that is taken out by a defendant and his family or friend that makes a guarantee to the court that the defendant will reappear in court at a certain date to face charges. By failing to appear in court, then a “claim” is filed with the policy. The full amount of the bond will have to be paid. The bail bond agent acts as the insurance agent for this special policy.
Commercial sureties refers to a group of insurers, including bail bondsmen, that provide surety bonds that guarantee something, most often that a person or company will perform according to the specific conditions of the contract. In the case of a bail bond, the contract guarantees that the defendant will return to court at the appointed date and time after they have been released.
A bail bond makes it possible for families of defendants to help get their loved one released from jail quickly and affordable. For a fraction of the total bail amount, the defendant can spend time awaiting trial outside of the jail while they continue working or going to school. The bail bond ensures financial liability that guarantees their return. This type of release helps keep the public safe.
There are options available to local courts when it comes to releasing pretrial inmates- commercial bail bonds and pretrial release programs. Commercial bail bonds cost the county nothing, whereas pretrial release programs are funded by the taxpayers. With a commercial bond, there is a financial guarantee by the bail agency. Pretrial release programs offer no such guarantee as the defendants are released on their own recognizance.
Ensuring the safety of the public requires a system that gets defendants into court when they are supposed to be there instead of skipping out on justice. Relying on the commercial bail system is the best option for county governments instead of gambling with public safety and using pretrial release programs. Commercial bail is a system that has a proven record of success and it costs the taxpayers nothing.
Source: Insurance For Public Safety
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