Minnesota would license bail agents and set arrest safeguards

The board would license bail enforcement agents and set rules for their work. A bail enforcement agent is a person employed or contracted by a producer to arrest someone for whom the producer acts as a bonding agent. Applicants must meet board requirements, complete required training and education, and pass an exam. The board may charge course and exam fees; license fees must be at least $500 for an initial license and $250 for renewal. A producer or surety could not hire an unlicensed agent to arrest someone for whom the producer or surety acts as a bonding agent; violating this rule would be a gross misdemeanor. The prohibition on hiring an unlicensed agent would apply to crimes committed on or after August 1, 2026. No effective date is stated here for the other licensing provisions.

Licensed agents would have to follow rules when trying to arrest someone for a surety. These rules cover licensed bail enforcement agents acting at a surety’s direction to apprehend a defendant. The surety must reasonably believe the defendant may flee, miss a required court appearance, or fail to meet release conditions. The agent must carry written authority, wear clearly marked clothing, and keep arrest records for seven years. Except in urgent circumstances, the agent must notify local police before trying to apprehend the person. If urgent circumstances prevent advance notice, the agent must notify police immediately afterward. Forced entry into a home is barred except as allowed by section 629.39. The agent may carry a weapon only with the required permit and in compliance with law. These arrest provisions would apply to crimes committed on or after August 1, 2026, if enacted and effective as written.

A bail enforcement agent would be barred from helping enforce certain federal immigration laws. The rule applies to bail enforcement agents and information about people they are authorized to apprehend. The ban covers civil immigration enforcement and federal criminal immigration laws that punish a person’s presence, entry or reentry, or employment in the United States. An agent could provide a fugitive’s personally identifying information for immigration enforcement only under a valid court warrant or order.