Licensing Procedures and Requirements
6VAC20-260-30. Bail enforcement agent eligibility.
A. Persons required to be licensed pursuant to subdivision 47
of § 9.1-102 of the Code of Virginia as a bail enforcement agent shall meet all
licensure requirements in this section. Persons who carry or have access to a
firearm while on duty must have a valid license with a firearms endorsement as
described under 6VAC20-260-80. If carrying a handgun concealed, the person must
also (i) have a valid concealed handgun permit pursuant to Article
6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia
and (ii) the written permission of his employer
pursuant to §
18.2-308 of the Code of Virginia.
B. Each person applying for a bail enforcement agent license shall meet the minimum requirements for eligibility as follows:
1. Be a minimum of 21 years of age;
2. Be a United States citizen or legal resident alien of the United States;
3. Have received a high school diploma or
a high school equivalency examination approved by the Board of Education;
4. Have successfully completed all initial training
requirements, including firearms endorsement if applicable, requested pursuant
to the compulsory minimum training standards in Part IV (6VAC20-260-120 et
seq.) of this
C. The following persons are not eligible for licensure as a bail enforcement agent and may not be employed by or serve as agents for a bail enforcement agent:
1. Persons who have been convicted of a felony within the
Commonwealth, any other state, or the United States, who have not been pardoned
or whose civil rights have not been restored.
2. Persons who have been convicted of any misdemeanor within the Commonwealth, any other state, or the United States within the preceding five years. This prohibition may be waived by the department, for good cause shown, so long as the conviction was not for one of the following or a substantially similar misdemeanor: carrying a concealed weapon, assault and battery, sexual battery, a drug offense, driving under the influence, discharging a firearm, a sex offense, or larceny.
3. Persons who have been convicted of any misdemeanor within the Commonwealth, any other state, or the United States, that is substantially similar to the following: brandishing a firearm or stalking. The department may not waive the prohibitions under this subdivision.
4. Persons currently the subject of a protective order within the Commonwealth or another state.
5. Employees of a local or regional jail.
6. Employees of a sheriff's office or a state or local police department.
7. Commonwealth's attorneys and any employees of their offices.
8. Employees of the Department of Corrections, Department of Criminal Justice Services, or a local pretrial or community-based probation services agency.
D. The exclusions in subsection C of this section shall not be construed to prohibit law enforcement from accompanying a bail enforcement agent when he engages in bail recovery.
Recordkeeping Standards and Reporting Requirements
6VAC20-260-230. Reporting standards and requirements.
A. Each licensed bail enforcement agent shall (i)
30 10 calendar days to the department any change in
his residence, name, or business name, or business address ,
and (ii) ensure that the department has the names and fictitious names
of all companies under which he carries out his bail recovery business.
B. Each licensed bail enforcement agent arrested or issued a
summons for any crime shall report such fact within
calendar days to the department and shall report to the department within 30
10 days the facts and circumstances regarding the final disposition of
C. Each licensed bail enforcement agent shall report to the
30 10 calendar days of the final disposition
any administrative action taken against him by another governmental agency in this
the Commonwealth or in another jurisdiction. Such report shall include a
copy of the order, consent to order, or other relevant legal documents.
D. Each licensed bail enforcement agent shall report to the department within 24 hours any event in which he discharges a firearm during the course of his duties.
E. The bail enforcement agent shall retain, for a minimum of three calendar years from the date of a recovery, copies of all written documentation in connection with the recovery of a bailee pursuant to 6VAC20-260-260.