California

In California, the Bail Fugitive Recovery Persons Act was repealed in January 1st, 2010.  Pursuant to Cal Pen Code § 847, a private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate or deliver him/her to a peace officer.  A bounty hunter or bond agent who captures a defendant in California must go through extradition procedures to transport him/her interstate[i].

Pursuant to Cal Pen Code § 1301, for the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, can himself/herself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, can empower any person of suitable age to do so.  After an arrest of a defendant on bail, the surety must deliver the fugitive to the court or the police within forty eight hours when it occurs in California.

Additionally, any bail or other person who arrests a defendant in the state must without unnecessary delay, and, in any event, within forty eight hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear.  When the arrest occurs out of state, the surety must deliver the defendant within 48 hours of returning to California[ii].

A person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required is guilty of a misdemeanor[iii].

[i] Cal Pen Code § 847.5.

[ii] Cal Pen Code § 1301.

[iii] Id.


Inside California