We understand that some jailers and jails may have favoritism for some bond companies in the State of Minnesota. However, it is worthy of mention, questionably it is against the law for jailers to engage in bail bonds unless those jailers are licensed in Minnesota by SCAO & the Department of Commerce. It truly appears to be a gray area, however it appears very defined by Minnesota state statues. A normal person is required to be licensed, It appears remarkably clear that even a jailer may be required to be a licensed insurance producer. Engaging in bail bonds clearly appear to be taking place in many jails in Minnesota. It is by simple definition of state statue text, that no person which would include a jailer can create a preference, discuss what a inmate should pay ,who they should call, or interfere with a existing bond agreement. This practice should not happen at all to begin with as it is huge conflict of interest, let alone by any county county employee out of favoritism or preference for one bond company. This is defined “clearly” as engaging in bail bonds in Minnesota.
It has become more apparent that some jailers may implement this questionable practice to benefit a specific bond company. The personal relationship, or friendships that some jailers have with bond companies does not override insurance law in the state of Minnesota. Regardless, if a bond company funds your softball league, or you have beers with those bondsman etc. We want to be very clear, we are learning how to identify these practices by jailers or jails that appear to be in the gray area. Any questionable activity by jailers and or jails that choose to ignore insurance law and engage in bail bonds without a required license will be reported to the The Department of Commerce, as well as a formal grievance filed within the county in which the action took place, not limited to the State Court Administrators Office.
Please see below for outline of some of many insurance laws in the State of Minnesota.
60K.31 – Subd 13 Thru Subd.15 . These statues outline what constitutes engaging in bail bonds, as well as that creates a capacity of a insurance producer (Bail Bondsman) in Minnesota. This will clearly outline what actions are engaging in “Bail Bonds” in Minnesota.
60K.32 – A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority under sections 60K.30 to 60K.56.
If you want to engage in bail bonds as a (Insurance Producer), perhaps you should consider quitting your job and become a bail bondsman. Otherwise, you should understand that influencing inmates at your jail is not only unethical but appears illegal and against Minnesota statues. You are not above the rules and laws of (Insurance Producers) specifically outlining the requirement to be licensed to engage the business if bail bonds (Insurance Producers) in the state of Minnesota. As bondsman, we take notes and many inmates tell the whole story once released from behind bars. The statements are very hard to be made up when co-signers indicate the same experience by the specific jail.
Our clients share the stories of fact, it is hard to ignore it when it appears to becoming more frequent with jails at times. You are not above the rules and laws of bail bonds in the state of Minnesota. Most bondsman are professional and follow all rules and regulations and are already always scrutinized by some jails. If you are going to enforce jail policy and bond laws, you should practice what you preach and be just as professional as bondsman as public servants.
