Bounty hunters in the United States are employed by
bail bondsmen. The bounty hunter is usually paid about 10% of the total bail amount, but this commission can vary on an individual, case-by-case basis, usually depending upon the difficulty level of the assignment and the approach used to exonerate the bail bond. If the fugitive eludes bail, the bondsman, not the bounty hunter, is responsible for 100% of the total bail amount. This is a way of ensuring clients arrive at trial. As of 2003, bounty hunters claimed to catch 31,500 bail jumpers per year, about 90% of people who jump bail. Bounty hunters have varying levels of authority in their duties with regard to their targets, depending on which states they operate in. Barring restrictions applicable state by state, a bounty hunter may enter the fugitive's legal residence without any
warrant, besides the original bail bonds contract signed by the fugitive, to execute a re-arrest. In some states, bounty hunters do not undergo any formal training, and are generally unlicensed, only requiring sanction from a bail bondsman to operate. In other states, however, they are held to varying standards of training and
license. State legal requirements are often imposed on out-of-state bounty hunters, so a fugitive could temporarily escape rearrest by entering a state in which the bail agent has limited or no jurisdiction.
Laws and regulation In the United States legal system, the 1873
U.S. Supreme Court case
Taylor v. Taintor, 16 Wall (83 U.S. 366, 21 L.Ed. 287), is cited as having established that the person into whose custody an accused is remanded as part of the accuser's bail has sweeping rights to that person. Though this may have been accurate at the time the decision was reached, the portion cited was
obiter dictum and has no binding precedential value. As of 2008, four states,
Illinois,
Kentucky,
Oregon, and
Wisconsin, prohibit the practice, as they have abolished commercial bail bonds and banned the commercial bail bonds industry within their borders. As of 2012,
Nebraska and
Maine similarly prohibit surety bail bonds. The states of Texas and California require a license to engage in bounty hunting while other states may have no restrictions. There have been some states that have rolled out specific laws that govern bounty hunting. For example, Minnesota laws provide that a bounty hunter cannot drive a white, black, maroon, or dark green vehicle, or wear any colors that are reserved for the police in the state (e.g. maroon, which is worn by the Minnesota Highway Patrol).
Connecticut The State of
Connecticut has a detailed licensing process which requires any person who wants to engage in the business as a bail enforcement agent, (BEA) (bounty hunter) to first obtain a professional license from the Commissioner of Public Safety; specifically detailing that "No person shall, as surety on a bond in a criminal proceeding or as an agent of such surety, engage in the business of taking or attempting to take into custody the principal on the bond who has failed to appear in court and for whom a re-arrest warrant or
capias has been issued unless such person is licensed as a bail enforcement agent". Connecticut has strict standards which require bail enforcement agents (BEAs) to pass an extensive background check and, while engaging in fugitive recovery operations, wear a uniform, notify the local police barrack, wear a badge, and only carry licensed and approved firearms, including handguns and long guns which are permitted. Recently, the
Connecticut State Police converted its bail enforcement agent licensing unit to reflect the role bail enforcement agents (BEAs) play in the Connecticut criminal justice system; placing them in the newly defined Department of Emergency Services and Public Protection. Several schools in Connecticut have obtained certification by the Connecticut State Police to pre-license bail enforcement agents in a minimum of 20 hours of criminal justice training and a minimum of eight hours of firearms training. Some of the more advanced schools offer specialized training in the area of tactical firearms to prepare BEAs for conducting dangerous recovery operations.
Florida In Florida, only a "limited surety agent" licensed by the
Florida Department of Financial Services' Bureau of Agent and Agency Licensing may legally apprehend bail fugitives in addition to law enforcement's ability to arrest a fugitive pursuant to a bench warrant. According to the Chapter 648 of Florida Statute regarding Bail Bond Agents, "A person may not represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in this state."
Louisiana Louisiana requires bounty hunters to wear clothing identifying them as such.
Nevada A
Nevada bounty hunter is referred to as a bail enforcement agent (BEA) or bail enforcement solicitor. In order to meet state requirements, the bail agent must complete a minimum 80 hours of training (or a POST certification), and pass the required examinations and obtain a bail enforcement agent (BEA) license by the Nevada Division of Insurance within nine months of employment. To acquire such license, one must be at least 21 years old, a United States citizen, have a high school diploma or equivalent, and undergo the required training and pass a state examination.
Texas A
Texas bounty hunter is required to be a peace officer, Level III (armed)
security officer, or a
private investigator. == International action by American bounty hunters ==