The person into whose custody an accused is remanded as part of the
accuser’s bail has sweeping rights to recover that person. In many
states across the U.S., bail bondsmen employ bounty hunters to capture
fugitives. Bounty hunters capture fugitives for bounty ie., monetary
reward. In different states, bounty hunters are known by different
names such as bail enforcement agent, fugitive recovery agent, runners,
and bail fugitive investigator. Pursuant to Burns Ind. Code Ann. §
27-10-1-9, a recovery agent means a person who is offered or given
compensation by a bail agent or surety in exchange for assisting the
bail agent or surety in apprehending or surrendering any defendant or
keeping a defendant under necessary surveillance.
In the U.S., depending on the states in which they operate, bounty hunters have varying levels of authority in their duties. Many of the
states in the U.S. recognize bounty hunting as a profession such as New
Hampshire. Some states like Illinois prohibit bounty hunting.
Some states require a license to be a bounty hunter while others do
not. In some states, bounty hunters do not undergo any formal training,
are generally unlicensed, and only require sanction from a bail
bondsman to operate. In some states bounty hunters must undergo a
background check and must complete various courses. Some states
prohibit bounty hunters from carrying firearms without proper permits.
Some states require bounty hunters to wear identity cards while
performing their duties.
Some states recognize arrest by bounty hunters. Bounty hunters
exercise only limited power to arrest fugitives. When they affect
arrest, a bounty hunter must obtain written authorization from the
concerned bondsmen or the cout. After arrest, the bounty hunter must
surrender the fugitive to a peace officer or the state.
In some states, the Department of Safety and Homeland Security is
responsible for overseeing the activity of Bounty Hunters and licensing Bail Enforcement Agents. The Department of Insurance regulates them in
some states. In other states, the General Assembly controls the
activities of bounty hunters.
Additionally, an out-of-state bounty hunter must comply with that state’s laws in which s/he enters for capturing a fugitive.
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