Members

Next Association Officer Election 2022

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Bail and Bail Enforcement

Bail arrest authority

 

U.S. Supreme Court 1873, Taylor v. Taintor, 16 Wall. 366.

 In 1873, the U.S. Supreme Court Case "Taylor vs. Taintor" gave bail enforcement agents nearly limitless power and authority when hunting down a subject. This means that a bounty hunter may enter their premise if needed to capture their wanted fugitive, whether it be on behalf of a financial institution, company or government authority.

When bail is given, the principal (defendant - accused) is regarded as delivered to the care, custody, and control of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or through an agent. They may pursue him into another State; may arrest him on the Sabbath; and if necessary, may break and enter into his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the re-arrest by the sheriff of an escaping prisoner.

Taylor v. Taintor is a Judicial Dictum – an opinion offered by a court, on a question or point that is directly involved in the case, but which is not essential to the court’s decision. It was consented by 3 justices while 4 dissented. This Dictum to this date is sound doctrine and used by many states that have approved it or have it included into their codified set of laws of a sovereignty of each state of the union.

In Colorado according to Oram v. People, 255 P.3d 1032 (Colo. 2011) The supreme court held that Taylor v. Taintor is widely accepted and even considered sound doctrine by most states and some have even adopted Taylor v. Taintor into their respective states laws, but the Colorado Supreme Court held in that ruling in Oram v. People, "...that they do not recognize the common law bail bonding agent's privilege as set forth in Taylor v. Taintor."


 

COLORADO STATE STATUTE

C.R.S. § 16-19-119 If the person so held is admitted to bail as provided for in section C.R.S. § 16-19-117 and fails to appear and surrender themselves according to the conditions of his/her bond, the judge of the district court, by proper order, shall declare the bond forfeited and order his/her immediate arrest without warrant (bench warrant - paperless warrant) if s/he is within this state. Recovery may be had on such bond in the name of the people of the state of Colorado as in the case of other bonds or undertakings given by a defendant in criminal proceedings.

C.R.S. § 16-19-109 The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where s/he may be found within the state and to command the aid of all peace officers in the execution of the warrant and to deliver the accused, subject to the provisions of this article, to the duly authorized agent of the demanding state.

C.R.S. § 16-19-110 Every peace officer or other person empowered to make the arrest shall have authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with the penalties against those who refuse their assistance.

Case Law in support

People v. Loomis, 60 Colo. 202, 152 P.2dd 143 (1915) "An accused person released on bail, is, in contemplation of law, in the custody of their sureties."


Mission statements –   

To share in the responsibility of formulating processes to provide sound laws concerning the protection, preservation and continued availability of bail for the citizens of Colorado regarding their 8th amendment right to be able to obtain and secure a bail bond through the use of a professionally licensed bail provider.

With an ostensible duty to train and continuous education of our profession members and to inform and educate the general public by providing a positive role model in order to achieve the absolute greatest degree of parity and equality for all persons, not based on an individual’s income, but rather need.


Code of Ethics -   

As members of the Colorado Association of Professional Sureties, Inc. (CAPS), we recognize the importance of codifying and making known to the profession and to the general public the ethical principles that guide the frame work of bail bondsperson(s). Ethical dilemmas occur when values are in conflict. The Colorado Association of Professional Sureties, Inc. (CAPS) Code of Ethics states the values to which we are committed, and embodies the ethical responsibilities of our profession in this ever changing environment. We significantly influence or control the selection, organization, preservation, and dissemination of information. In a political system grounded in an informed citizenry, we are members of a profession explicitly committed to intellectual freedom of bail as afforded by our United States Constitution, the freedom of access to information and of due process of law. We have a special obligation to ensure the free flow of information and ideas to present and future generations. The principles of this Code are expressed in broad statements to guide ethical decision making. These statements provide a framework; they cannot and do not dictate conduct to cover particular situations.

  • I. We provide the highest level of service to all persons through

appropriate and usefully organized resources; equitable service policies;

equitable access; and accurate, unbiased, and courteous responses to all requests.

  • II. We uphold the principles of a person’s right to freedom.
  • III. We protect each person's right to privacy and confidentiality with

respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

  • IV. We respect the public’s rights and advocate balance between the interests of information users and rights holders.
  • V. We treat co-workers and other colleagues with respect, fairness, and good faith, and advocate conditions that safeguard the rights and welfare of all persons within our profession.
  • VI. We do not advance private interests at the expense of

colleagues, peers, or our competitors.

  • VII. We distinguish between our personal convictions and professional duties and do not allow our personal beliefs to interfere with fair representation of the aims of our duties to the general public.


We strive for excellence in the profession by maintaining and enhancing our own knowledge and skills, by encouraging the professional development of coworkers, and by fostering the aspirations of potential members of the profession.


Let's Vote

 

ANNOUNCEMENT - 2020 Officer Elections


CAPS is now accepting nominations for new officers. You may either nominate yourself or a fellow bonds-person beginning 03/21/2020 through 03/31/2020.

6 Association Officer seats: Director, Chairman, Vice Chair, Sgt. at Arms, Treasurer, or Secretary.

Nominees: Must attend meetings (either in person or electronically), must be a CAPS member, Actively Licensed Colorado bondsman in good standing. 

5 Chair positions: Either licensed or Non licensed bondsman, must attend, must be member. Election to be held on 04/15/2020.

Anyone may Nominate a person and you do not have to be a member. Only members may vote.

Officer Candidates must be members, licensed bondsman's.

Chairpersons may be anyone, but must be a member.