Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-15-4 - Requirements and Procedures for Registration, Authorization and Notification4.1. Applicants for bail bond enforcer registration must meet the following registration requirements: a. Be twenty-one (21) years of age or older on date of application.b. Be a citizen of the United States.c. Have no convictions for any felony crime.d. Have no convictions for any misdemeanor that was violent in nature or that involved a firearm or other dangerous weapon.4.2. Registration as a Bail Bond Enforcer requires the applicant to submit the following items to the West Virginia State Police: a. Completed Bail Bond Enforcer Registration Application.b. Two (2) complete sets of fingerprints (Federal and State Applicant) taken by a member or authorized civilian employee of the West Virginia State Police. (A valid government issued photo identification must be presented before the registrant will be fingerprinted. Acceptable identification includes but is not limited to drivers license, non drivers identification cards, and military identification cards).c. Two (2) recent, full face, color photographs of the registrant. Minimum size: 3" x 3", maximum size: 4" x 6".d. A minimum of one (1) completed registration authorization or enforcement authorization as specified in section 4.3.b. (Additional enforcement authorizations may be submitted once the registration is approved)e. Registration and authorization filing fees as required by section 7 of this rule.4.3. Authorization of a bail bond enforcer: a. Authorization shall be for an individual person. A firm, partnership, or corporation, as such, may not receive authorization as a bail bond enforcer.b. A Registration Authorization Form must be included with the Bail Bond Enforcer Registration Application, but if an Enforcement Authorization is submitted with the registration application a Registration Authorization is not required. Enforcement authorization forms may be submitted with the registration application or at any time during the active life of the registration.c. Registration and/or enforcement authorization shall be made through the use of the applicable Bail Bond Enforcer Authorization Form(s), available from: West Virginia State Police, Criminal Records Section, Bail Bond Enforcer Registration, 725 Jefferson Road, South Charleston, West Virginia 25309-1698.d. Upon approval, the registrant will be issued an Enforcement Authorization Card by the West Virginia State Police indicating a valid enforcement authorization is on file. The Enforcement Authorization Card and a valid government issued photo identification must be carried by the bail bond enforcer when performing activities as defined in section 2.4. and/or 2.8. of this rule. In addition, a bail bond enforcer conducting a bail bond apprehension must have in his/her possession written documentation authorizing the apprehension of the person. Written documentation shall be in the form of a bail piece or a completed Apprehension Form.e. A duplicate Enforcement Authorization Card may be obtained for cards that are lost or stolen by making a written request to the Director, West Virginia State Police, Criminal Records Section and submitting the required fee as set forth in 7.6. of this rule. The West Virginia State Police reserves the right to reject requests for multiple replacement cards.f. No enforcement authorization shall become effective until it has been received, approved and placed on file by the West Virginia State Police.g. Bail bond enforcers who have a valid registration on file may forward the initial or additional enforcement authorization forms, along with the appropriate fee(s) to the West Virginia State Police, Criminal Records Section, Bail Bond Enforcer Registration.4.4. Pre-action notification required by bail bond enforcers a. Prior to taking or attempting to take into custody any defendant the bail bond enforcer shall make notification of such intention to the West Virginia State Police primary station responsible for the area in which the bail bond enforcer will be acting. A list of the primary stations and the counties covered by each is available from the West Virginia State Police, Criminal Records Section.b. A nonresident bail bond enforcer shall additionally be required to make notification to the West Virginia State Police detachment responsible for the area in which he/she will be acting as to the date the he/she will enter the state. A nonresident bail bond enforcer shall also make notification when he/she has concluded his/her actions within the state and as to when he/she will leave the state.c. A bail bond enforcer who has made the required pre-action notification who learns that the subject is in a county not included in the initial pre-action notification shall make an additional pre-action notification as required in section 4.4.a.d. A bail bond enforcer, who has made the pre-action notification required in 4.4.a., who is in active pursuit of an individual is not required to make additional written notification if the subject enters a county not included in the initial pre-action notification. Provided that the bail bond enforcer shall contact the West Virginia State Police detachment responsible for the county by telephone or in person as soon as reasonably possible and make a verbal notification.