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Title 3 . Commerce, Community, and Economic Development
Chapter 23 . Miscellaneous
Section 790. Prohibited bail bond activities

3 AAC 23.790. Prohibited bail bond activities

(a) In accordance with the applicable provisions of AS 21.27, AS 21.36, and court rules, a bail bond limited producer or surety may not

(1) pay, rebate, give, or promise anything of value to a jailer, peace officer, magistrate, or any other person who has power to arrest or hold a person in custody, or to any public official or public employee for the purpose of securing a settlement, compromise, remission, or reduction of the amount of bail bond, or to secure delay or other advantage; this section does not prohibit public reward paid for the return of a fugitive;

(2) pay, rebate, give or promise anything of value to an attorney in a bail bond matter, except in defense of an action on a bail bond, collateral, or indemnification agreement;

(3) pay, rebate, give, or promise anything of value to a defendant or anyone acting on the defendant's behalf in exchange for a referral of bail bond business;

(4) also act as the defendant's attorney at a trial or hearing if the licensee or surety has also posted the defendant's bail bond;

(5) accept anything of value from a defendant except a premium, collateral, or reimbursement for expenses as provided for in 3 AAC 23.760(b) ;

(6) recommend a particular attorney to represent a defendant;

(7) solicit business where a prisoner is confined in or near a courtroom if otherwise prohibited by court order or law;

(8) sign or countersign a bail bond that the licensee did not execute; or

(9) delegate to a person the authority to sign the name of the licensee to bail bond.

(b) A single bail amount as ordered by a magistrate or judge may not be divided or reduced by the licensee for multiple charges or cases involving the same defendant. The surety is liable for the full amount of the bond for the duration of the case.

(c) If a magistrate or judge orders a separate bail amount for each charge against a defendant, the licensee or surety must execute a separate bond for each amount.

(d) A violation of this section is an unfair or deceptive act or practice in accordance with AS 21.36.150 (d) and subjects the licensee to suspension or revocation of the licensee under AS 21.27.410 .

History: Eff. 12/18/92, Register 124

Authority: AS 21.06.090

AS 21.27.410

AS 21.27.550 (f), (g)

AS 21.36.080

AS 21.36.100

AS 21.36.150 (d)

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Last modified 7/05/2006