Bail Home Page
Regulatory Information
The Division of Insurance is responsible for regulating the business of bail under the authority of the Commissioner of Insurance. It is the Commissioner’s duty to make sure that bail in Nevada operates consistently with Nevada laws.
The Commissioner has the authority to review a bail licensee’ records and behaviors at any time. A person who acts in ways that violate Nevada’s bail laws creates an uncompetitive market and hurts the industry’s reputation. The Commissioner is required to take action to make the bail industry fair for both consumers and other bail licensees.
In Nevada, there are four different bail license types. A person who qualifies for a bail license may only perform those duties authorized by Nevada law pertaining to that license type. If a person no longer qualifies for the license, the Commissioner may not allow that person to have the license.
Suspected violations of laws by bail licensees may be reported to the Division, or the Division has the power to open an investigation on its own. If a person is found to have violated the law, the Division may take administrative action against the bail licensee. Administrative actions mean a fine or the license may be suspended or revoked. The Division can also refer cases to the district attorney or the Attorney General’s office.
Nevada’s bail laws are found in the Nevada Revised Statutes (“NRS”), the Nevada Administrative Code (“NAC”), and case law issued by the Nevada Supreme Court. Laws regulating bail licenses are in NRS and NAC chapters 697, along with other statutes and regulations that are specifically referenced in those chapters. Laws for bail, as overseen by the courts, are primarily found in NRS title 14, which are procedures in criminal cases. While NRS chapter 697 is within the Division’s jurisdiction and NRS title 14 is within a court’s jurisdiction, there are provisions that may overlap. For example, although registrations for bail agents with the office of the sheriff and with the district court is found in NRS 697.270, such registrations are handled directly by the office of the sheriff and district court in each county, not by the Division. Also, provisions that are required in bail bonds are found in NRS 178.502, but the Division regulates forms and trade practices of bail transactions. The Division issues bulletins to provide guidance as to how the Division enforces the laws related to the business of bail. Bail licensees should read the Commissioner’s published bulletins to understand how the Commissioner applies the laws.
The below links provide more specific information about the regulation of bail in Nevada: