Post by Saint on Jul 27, 2003 11:55:01 GMT -5
I found the Colorado statutes regarding bail enforcement. Check it out below. There is a clause that provides for a 15 year window concerning whether or not a person has been convicted. I think perhaps that is the "loophole" Chapman is using to bounty hunt.
12-7-105.5. Bail recovery services - requirements.
Statute text
(1) On or after October 1, 1998, prior to hiring, contracting with, or paying any compensation to any individual other than another licensed bail bonding agent for bail recovery services, a licensed bail bonding agent shall take all of the following actions:
(a) The agent shall contact the Colorado bureau of investigation pursuant to the requirements of subsection (3) of this section to confirm that the person has submitted fingerprints to the bureau for a criminal background check and to confirm that such person has not been convicted of or pled guilty or nolo contendere to any felony under federal or state law.
(b) For employment commencing on or after January 1, 1999, the agent shall obtain a copy of a certificate of training from the individual indicating that such individual has received training in bail fugitive apprehension from a private bail recovery program or an accredited institution of higher education. Such training shall comply with the standards established by the peace officers standards and training board pursuant to section 24-31-303 (1) (h), C.R.S., and shall not exceed sixteen clock hours.
(c) The agent shall obtain a statement from the individual attesting, under penalty of perjury, that such person is providing true and complete information to the bail bonding agent.
(2) Any individual who wishes to be employed by a licensed bail bonding agent to perform bail recovery services shall have his or her fingerprints taken by a local law enforcement agency for the purposes of obtaining a background check. The individual is required to submit payment by certified check or money order for the fingerprints and for the background check at the time the fingerprints are taken. Any person who wishes to complete the background check process by the time that background checks are required for employment on October 1, 1998, shall submit a set of fingerprints to a local law enforcement agency on or before July 1, 1998.
(3) Upon receipt of fingerprints from a law enforcement agency and the payment for costs required by subsection (2) of this section, the Colorado bureau of investigation shall utilize such fingerprints, the bureau's files and records, and the files and records of the federal bureau of investigation for the purpose of determining whether the individual has been convicted of or pled guilty or nolo contendere to any felony under federal or state law during the previous fifteen years. The bureau shall establish and maintain files regarding the criminal backgrounds of persons seeking to provide bail recovery services.
(4) (a) On or after October 1, 1998, a licensed bail bonding agent may not hire, contract with, or pay any compensation to any individual for bail recovery services if the inquiry to the Colorado bureau of investigation required by paragraph (a) of subsection (1) of this section indicates that the bureau has not completed a background check on the individual or if the bail bonding agent knows, through the inquiry to the Colorado bureau of investigation or through any other source, that such individual has been convicted of or pled guilty or nolo contendere to a felony under federal or state law during the previous fifteen years.
(b) Beginning no later than October 1, 1998, the Colorado bureau of investigation shall accept inquiries from licensed bail bonding agents regarding the criminal background records of individuals seeking employment to perform bail recovery services. A bail bonding agent shall pay the cost of each inquiry made to the bureau through such payment method as is established by the bureau. Upon receiving an inquiry, the bureau shall inform the bail bonding agent whether a background check has been completed for the individual and, if so, whether, according to the record established by the bureau, such person has been convicted of or pled guilty or nolo contendere to a felony under federal or state law during the previous fifteen years. Prior to providing information under the provisions of this section, the bureau shall require a person making an inquiry to provide the name of the bail bonding agent and such agent's license number.
(5) The Colorado bureau of investigation, any local law enforcement agency, and any individual employed by the bureau or a local law enforcement agency shall not be liable for any damages that may result from good faith compliance with the provisions of this section.
12-7-105.5. Bail recovery services - requirements.
Statute text
(1) On or after October 1, 1998, prior to hiring, contracting with, or paying any compensation to any individual other than another licensed bail bonding agent for bail recovery services, a licensed bail bonding agent shall take all of the following actions:
(a) The agent shall contact the Colorado bureau of investigation pursuant to the requirements of subsection (3) of this section to confirm that the person has submitted fingerprints to the bureau for a criminal background check and to confirm that such person has not been convicted of or pled guilty or nolo contendere to any felony under federal or state law.
(b) For employment commencing on or after January 1, 1999, the agent shall obtain a copy of a certificate of training from the individual indicating that such individual has received training in bail fugitive apprehension from a private bail recovery program or an accredited institution of higher education. Such training shall comply with the standards established by the peace officers standards and training board pursuant to section 24-31-303 (1) (h), C.R.S., and shall not exceed sixteen clock hours.
(c) The agent shall obtain a statement from the individual attesting, under penalty of perjury, that such person is providing true and complete information to the bail bonding agent.
(2) Any individual who wishes to be employed by a licensed bail bonding agent to perform bail recovery services shall have his or her fingerprints taken by a local law enforcement agency for the purposes of obtaining a background check. The individual is required to submit payment by certified check or money order for the fingerprints and for the background check at the time the fingerprints are taken. Any person who wishes to complete the background check process by the time that background checks are required for employment on October 1, 1998, shall submit a set of fingerprints to a local law enforcement agency on or before July 1, 1998.
(3) Upon receipt of fingerprints from a law enforcement agency and the payment for costs required by subsection (2) of this section, the Colorado bureau of investigation shall utilize such fingerprints, the bureau's files and records, and the files and records of the federal bureau of investigation for the purpose of determining whether the individual has been convicted of or pled guilty or nolo contendere to any felony under federal or state law during the previous fifteen years. The bureau shall establish and maintain files regarding the criminal backgrounds of persons seeking to provide bail recovery services.
(4) (a) On or after October 1, 1998, a licensed bail bonding agent may not hire, contract with, or pay any compensation to any individual for bail recovery services if the inquiry to the Colorado bureau of investigation required by paragraph (a) of subsection (1) of this section indicates that the bureau has not completed a background check on the individual or if the bail bonding agent knows, through the inquiry to the Colorado bureau of investigation or through any other source, that such individual has been convicted of or pled guilty or nolo contendere to a felony under federal or state law during the previous fifteen years.
(b) Beginning no later than October 1, 1998, the Colorado bureau of investigation shall accept inquiries from licensed bail bonding agents regarding the criminal background records of individuals seeking employment to perform bail recovery services. A bail bonding agent shall pay the cost of each inquiry made to the bureau through such payment method as is established by the bureau. Upon receiving an inquiry, the bureau shall inform the bail bonding agent whether a background check has been completed for the individual and, if so, whether, according to the record established by the bureau, such person has been convicted of or pled guilty or nolo contendere to a felony under federal or state law during the previous fifteen years. Prior to providing information under the provisions of this section, the bureau shall require a person making an inquiry to provide the name of the bail bonding agent and such agent's license number.
(5) The Colorado bureau of investigation, any local law enforcement agency, and any individual employed by the bureau or a local law enforcement agency shall not be liable for any damages that may result from good faith compliance with the provisions of this section.