In every state, Commercial Bail Bonds are regulated differently. In some states, Commercial Bail Bonds are prohibited because the very idea of a private company profiting of the criminal legal system is contrary to fundamental ideas about JUSTICE.
Commercial Bail Bonds in New York State are regulated in several different ways.
The Criminal Procedure Law explains the process within a criminal court case through which a judge can require a commercial bail bond and determine the amount. These courtroom rules also indicate how a person can post bail, in order to pay for a loved one to get out of jail. To read these laws, click here
The Department of Financial Services (DFS) is the New York State Agency that is responsible for making sure that the Commercial Bail Bonds Companies do not violate the law. DFS has broad authority to revoke a bondsman’s license for being “untrustworthy.” They can also forward fraud complaints to local district attorneys.
DFS also publishes written legal opinions about how the agency interprets the various Insurance Laws that regulate the Commercial Bail Bond Industry. Read those advisement here.
In August 2018 DFS promulgated new regulations for the industry. We called on them to match these new rules with robust enforcement.