Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-2 - Definitions › Section 153-X-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of these rules the definitions, terms, and
				words set forth below at 153-X-2-.01(1) - 153-X-2-.01(21) shall apply and shall
				have the following meanings given:
(1)
			 "Board" shall mean the Alabama Professional Bail Bonding Board.
(2) "Director" shall mean the Executive
			 Director of the Alabama Professional Bail Bonding Board.
(3) "Company" shall mean a professional bail
			 bond company or professional surety company in the State of Alabama, as defined
			 by the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15,
Code of Ala. 1975
.
(4) "Bail bondsman" shall mean a professional
			 bail bondsman or professional surety bondsman as defined by the Alabama Bail
			 Bond Regulatory Act, Chapter 13 of Title 15,
Code of Ala.
			 1975
.
(5) "Premium"
			 shall mean the money paid to a professional bail bond company, professional
			 surety company, professional bail bondsman, or professional surety for release
			 of an arrestee.
(6) "Arrestee"
			 shall mean any person in custody, who has been detained or who is subject to
			 detention in custody whose release may lawfully be affected by bail.
(7) "Licensee" shall mean a professional bail
			 bond company, professional surety company, professional bail bondsman,
			 professional surety, or recovery agent to whom a license has been granted by
			 the Alabama Professional Bail Bonding Board.
(8) "Bail bond" shall mean a bond for a
			 specified monetary amount executed by the defendant or principal and a
			 qualified licensee which is issued to a court, magistrate, or authorized
			 officer as security for the defendant's subsequent court related appearance(s)
			 following the defendant's release from actual custody pending his court related
			 appearance(s).
(9) "Jail" shall
			 mean any police station, sheriff's office, or other place where detained
			 persons are in the custody of law enforcement officials or the Department of
			 Corrections.
(10) "Principal" shall
			 mean the person(s) paying the bail bond premium and/or giving the
			 collateral.
(11) "Surety" shall
			 mean the person/company responsible for the appearance of the defendant in
			 court.
(12) "Recovery Agent" shall
			 mean any individual, other than an attorney or law enforcement officer,
			 utilized by a professional bail bond company, professional surety company,
			 professional bail bondsman, or professional surety to apprehend a defendant who
			 was released on bail and who violated the terms of his or her bail.
(13) "Bail Enforcement Agent/Bounty Hunter"
			 shall mean a person who is offered or given any compensation by a company or
			 bail bondsman in exchange for assisting the company or bail bondsman in
			 apprehending or surrendering any defendant. This does not preclude the right of
			 a company or bail bondsman to hire legal counsel and/or to ask assistance of
			 law enforcement officers.
(14)
			 "Direct Supervision" shall mean any person in the physical presence of and
			 acting pursuant to instructions from a licensed professional bail bondsman,
			 licensed professional surety, or licensed recovery agent.
(15) "Collateral" shall mean any money or
			 thing of value that is held by a professional bail bond company, professional
			 surety company, professional bail bondsman, professional surety to secure a
			 bond, other than the premium.
(16)
			 "Client" shall mean any person who contracts with a professional bail bond
			 company, professional surety company, professional bail bondsman, professional
			 surety for the release of an arrestee.
(17) "Contract" shall mean a negotiated
			 written agreement between a client and/or an arrestee and a professional bail
			 bond company, professional surety company, professional bail bondsman,
			 professional surety along with all conditions of an executed and accepted
			 bond.
(18) "Employee" shall mean
			 any individual who engages in the performance of any duties of or for a
			 professional bail company or professional surety company, including but limited
			 to, clerical, stenographic, investigative and/or administrative duties and/or
			 any other work and/or responsibilities under the contract of hire, express or
			 implied, oral or written where the professional bail bond employer and/or
			 professional surety company employer has the authority or right to control
			 and/or direct said employee in how the duties, work and/or responsibilities are
			 carried out and/or performed. An "Employed" shall include any individual
			 working as an "Apprentice". No person whose bail bondsman license has been
			 evoked may be employed in any capacity. An "Employee" shall include any
			 individual who has communication or interaction with potential or actual
			 customers.
(19) "Apprentice" shall
			 mean any person working directly for and under the direct supervision of a
			 full-licensed professional bail bondsman, professional surety or recovery
			 agent, who is engaged in the bail bond or professional surety business, and who
			 has been granted an apprentice license from the Board.
(20) "Current License" shall mean a license
			 that is in good standing. A license is not a current license if it is inactive
			 and/or has lapsed, expired and/or has been suspended and/or revoked.
(21) "General Surety Agency" shall mean a
			 surety approved by the Department of Insurance as a financial backer that
			 provides monetary support to the company for bail bonds.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-201.