Colorado bail bondsmen hire fugitive recovery agents to track down and apprehend you if you broke your promise of appearing in court on your criminal case. Other names for fugitive recovery agents are “bounty hunters” or “bail enforcement agents.”
If the agent is successful in arresting and hauling you back into court, the bail bonds business will pay the agent a commission.
In this article I discuss what you need to know about bail bondsmen and bounty hunters in Colorado.
Why do bail bondsmen need bounty hunters?
When you hire a licensed bail bondsman in Colorado, the bondman pays the court your entire bail amount (“face amount”) in exchange for you paying the bondsman a small percentage (usually 15%) of the entire bail amount.
Then when your criminal case ultimately ends, the court returns the entire bail amount to the bondsman. The bondsman gets to keep it all, including the percentage that you paid upfront (the bondsman’s profit).
However, if you blow off the criminal case and no-show at court, the court then keeps the entire bond amount indefinitely. This leaves the bail bondman in a severe financial deficit.
So the bondsman hires a Colorado fugitive recovery agent to find you and haul you into court. Then, once you are back in custody, the court will return (“exonerate”) the bail money to the bondsman. (The bondsman will usually pay the bounty hunter about 10% to 20% commission of the bail amount.)1
How far can bounty hunters go in Colorado?
In the contract you sign with your bail bondsman, you consent to bounty hunters breaking into your home and arresting you should you ever become a fugitive.
Though if you are hiding somewhere outside of your home, then Colorado law prohibits bounty hunters from breaking in. If they do, they face such criminal charges as trespass and burglary.
Note that every state regulates bounty hunting differently. So if you allegedly flee Colorado to another state, bounty hunters need to follow the relevant laws of that other state. The other state’s criminal justice system may have broader or narrower protections for bounty hunters.2
Are bounty hunters police?
No. Fugitive recovery agents are private agents employed by the bonding company, not a local law enforcement agency.
Therefore, Colorado bail enforcement agents do not need to obtain a warrant first before conducting searches or seizures. They can carry firearms like regular civilians can as long as they follow all applicable laws. Then when bounty hunters apprehend you, it is a citizen’s arrest.
There are no state licensure or education requirements to become a bounty hunter in Colorado. Though people can find schools online that offer training courses and continuing education courses for how to become a bounty hunter.
Most bail bond companies require bounty hunters to:
- be at least 18 years old;
- be a U.S. citizen or permanent resident;
- have passed a background check (with no felony convictions); and
- have completed a training program from a licensed provider.
In practice, many bounty hunters are retired or out-of-work police officers, peace officers, private investigators, security guards, or process servers.3
There are no licensing requirements to be a bail enforcement agent in Colorado.
What are the requirements to be a bail bondsman?
The Colorado Division of Insurance (DIR) sets the following requirements for becoming a bail bondsman:
- finishing the casualty prelicensing education (50 hours) and passing the exam;
- finishing the bail bonding agent preappointment education (8 hours re. bail bonding and 16 re. bail recovery practices);
- getting an appointment with a bail insurance company; and
- applying for an insurance producer license with the casualty line of authority.
Bail bondsmen are also required to take continuing education.4
Bounty hunters can break into your home in Colorado.
Additional Reading
For more information, see our related articles on:
- Violating bail conditions in Colorado – What happens if you defy the judge’s orders while out on bond.
- Bond revocation in Colorado – When the judge can revoke your bail in your criminal case.
- Failure to appear in court – What happens if you miss a court appearance.
- OR release in Colorado – How to get out of jail without a bail bond – Explanation of how you may be able to remain out of custody during your case without paying bail.
- What is a PR bond in Colorado? – Discussion of being let out of jail following your arrest without having to post bail.
Legal References
- See CRS 16-4-110. Note that bail bondsmen are also called bail bonding agents, and bounty hunters are also called bail recovery agents or bail enforcement agents. See also, for example, Colo. Div. of Ins. v. Statewide Bonding, Inc. (Colo. 2022) 518 P.3d 309 (“The collateral, which can be real or personal property, is provided to the agent posting the bond and can be executed upon by the insurance company if the [defendant] does not appear.”)
- Oram v. People (2011) 255 P.3d 1032 (“We hold that the common law bonding agent’s privilege does not exist in Colorado…Only one who has a possessory or ownership interests in a property may consent to the entry of that property.”). People v. Oram (. (Old bail bond law was codified under Colorado Revised Statute (C.R.S.) 12-7-101). Some states with stricter rules for bounty hunters include South Carolina and Kentucky.
- See also Bail Bonds, the Department of Regulatory Agencies (DORA), Colorado Division of Insurance/Department of Insurance.
- Bail Bonds, Colorado Division of Insurance. CRS 10-2-404, 405 and 406.
