Bail Agent Compensation of Incarcerated Persons Prohibited

State of Idaho DEPARTMENT OF INSURANCE C.L. “BUTCH” OTTER Governor 700 West State Street, 3rd Floor P.O. Box 83720 Boise, Idaho 83720-0043 Phone (208)334-4250 Fax (208)334-4398 Website: http://www.doi.idaho.gov DEAN L. CAMERON Director BULLETIN NO. 17-04 DATE: August 2, 2017 TO: Surety Insurers and Insurance Producers Doing Bail Bond Business in Idaho FROM: Dean Cameron, Director SUBJECT: Bail Agent Compensation of Incarcerated Persons Prohibited Background and Introduction The purpose of this bulletin is to notify bail agents writing bail bonds in Idaho of House Bill 136 enacted by the Idaho Legislature during the 2017 legislative session. Specifically, this bill added a new subsection of the Idaho Insurance Code, § 41-1016(1)(o), effective July 1, 2017, which concerns compensating or agreeing to compensate any incarcerated person. New Legislation Effective July 1, 2017, Idaho Code § 41-1016(1)(o) provides that the following is prohibited: In the case of a bail agent, compensating or agreeing to compensate any incarcerated person to influence or encourage another incarcerated person or other incarcerated persons to engage the bail agent’s services or the services of the bail agent’s company or of other bail agents employed by such bail company. For purposes of this subsection, compensating any incarcerated person shall include providing payment in any form to any person, organization or entity designated by the incarcerated person to receive such payment. The stated purpose of the bill is to assure that inmates in a county jail are not put in a position to be pressured by other inmates to do business with certain bail agents to the exclusion of other bail agents. If you have questions concerning the solicitation of incarcerated persons, please contact the Consumer Affairs Section of the Department at (208)334-4250.