1. (1) Initial bail bond premium and fees.

   1. (a) Bail bond premium amounts:

      1. (i) the minimum premium charged may not be less than 10% of the bail bond amount;
      2. (ii) the maximum premium charged may not exceed 20% of the bail bond amount.
   2. (b) A document preparation fee may not exceed $20 per set of forms relating to a bail bond.
   3. (c) A credit card fee may not exceed 5% of the amount charged to a credit card.

2. (2) Additional fees.

   1. (a) Fees are limited to actual and reasonable expenses incurred by a surety insurer or a bail bond agency when:

      1. (i) the defendant fails to appear before the court at a designated date and time;
      2. (ii) the defendant fails to comply with a court order; or
      3. (iii) the defendant or the co-signer fails to comply with the terms of a bail bond agreement or a promissory note relating to that agreement.
   2. (b) Reasonable mileage expense fees are allowed pursuant to the Internal Revenue Service standard mileage rates for a business.
   3. (c) Reasonable apprehension expenses such as meals, lodging, commercial travel, and communication, regardless of whether the defendant is apprehended, are limited to actual expenses incurred and must be reasonable, for example, meals at mid-range restaurants, lodging at mid-range hotels, commercial travel in coach class, etc.

   4. (d) Collateral expense fees are allowed for:

      1. (i) actual expenses to obtain collateral; and
      2. (ii) storage expenses, if in a secured storage area, limited to actual expenses.
   5. (e) A late payment fee of $20 or 5% of the delinquent periodic payment, whichever is less, is allowed.
   6. (f) If a fee is charged by a court or a jail to process a bail bond, the actual fee charged may be passed through to the defendant or the co-signer.

KEY: insurance, bail bonds

Date of Last Change: June 7, 2022

Notice of Continuation: November 4, 2024

Authorizing, and Implemented or Interpreted Law: 31A-35-104