Berks Cnty. C.P. Criminal Rules Rule 530

(A) BCPS Pretrial Services, is hereby designated as the county bail agency. Its duties and powers

shall be as follows:

(1) To investigate and evaluate the bail risk of Defendants accused of crimes for purposes

of nominal bail or percentage cash bail programs.

(2) To be surety on certain nominal bail bonds or percentage cash bail bonds.

(3) To furnish the results of such investigations to a Defendant applying for percentage

cash bail or nominal bail, to the Magisterial District Judge and to the court, as may be

appropriate, for release of said Defendant on nominal or percentage cash bail, such

recommendation to include any special conditions for release that should be imposed in

connection with such release.

(4) To keep account of the whereabouts and supervise the activities of the Defendants

released on such nominal bail or percentage cash bail programs.

(5) To make reasonable rules and regulations to enable it to carry out its functions as bail

agency, such rules and regulations being subject to review by the court.

(6)The sum of money furnished as percentage cash bail shall be retained by the County of

Berks and applied to the cost of operating the percentage cash bail program, including,

but not limited to, the cost incurred by the county bail agency in supervising and

monitoring Defendants in the percentage cash bail program.

(7)Each Defendant who posts percentage cash bail shall accept, as a condition of said

bail, monitoring and supervision by the county bail agency and shall report in person to

the county bail agency not later than 11:00 A.M. on the first working day after his or her

release on percentage cash bail and shall follow all of the supervisory and monitoring

regulations of the county bail agency, so long as such Defendant remains free on

percentage cash bail.

(B) Any information obtained by the county bail agency in carrying out its duties as bail agency

which was obtained from, or concerns, a Defendant shall not be disclosed to any person or entity

other than the Defendant, counsel for the Defendant, the Magisterial District Judge or the Court,

and then only to the extent necessary or helpful in determining whether bail should be allowed,

and if so, the amount and type of bail.

(C) A Magisterial District Judge or the Court may impose such special conditions for release of

Defendant as deemed necessary with special conditions shall be set forth in the bail bond and may

include supervision of Defendant by BCPS Pretrial Services as bail agency in accordance with

bail agency rules and regulations. The county bail agency shall inform the Magisterial District

Judge or the Court, as appropriate, of any violation by a Defendant of any of the terms or

conditions of his or her release and such Defendant shall be brought before the Magisterial

District Judge or the Court by the bail agency to determine if bail should be revoked or forfeited

or additional bail should be required. If a Defendant cannot be produced or otherwise fails to

appear when wanted, the Magisterial District Judge or the Court may take appropriate action for

requiring compliance by Defendant, including the revocation or forfeiture of bail.

Rule 531 (A) (6) – (9) Qualifications of Surety

(6) Corporate Surety.

(a) Every corporate surety company duly authorized to do business in Pennsylvania may

become surety on any bail bond required to be filed in the Court provided that a current

Certificate of Authority issued to it by the Insurance Department of the Commonwealth of

Pennsylvania, evidencing such right, along with the current financial statement, shall be filed with

the Clerk of Courts. No bond shall be executed by any corporate surety after May 15 of any year

until such a certificate is issued after March 31 of the same year and the financial statement shall

have been filed with the Clerk of Courts.

(b) No bond shall be executed by any corporate surety where the aggregated maximum

amount of unsettled and outstanding bail forfeitures, as determined by the Berks County

Solicitor, is Five Hundred Thousand ($500,000.00) Dollars. The County Solicitor shall

immediately notify the Clerk of Courts, the District Attorney and the Magisterial District Judges

of Berks County, of any corporate surety having reached this maximum limit. The Clerk of

Courts and Magisterial District Judges shall immediately cease executing bonds by the corporate

surety. When appropriate financial settlement has been made with the County of Berks, as

determined by the County Solicitor, he shall notify the Clerk of Courts and Magisterial District

Judges that execution of bonds by the corporate surety may resume.

(7) Surety Agents.

(a) Every agent, acting on behalf of a corporate surety, may execute a bail bond required to be

filed in this Court provided that a Power of Attorney issued by the corporate surety setting forth

the maximum limit of liability per bail along with proof of licensing by the Insurance Department

of the Commonwealth of Pennsylvania, shall be filed with the Clerk of Courts. No bond shall be

executed by any surety agent after the expiration of such Power of Attorney until a new Power of

Attorney shall have been filed with the Clerk of Courts.

(b) No bond shall be executed by a surety agent of any corporate surety authorized to do

business in Berks County where the aggregate maximum amount of unsettled and outstanding

bail forfeitures for all corporate sureties for which the surety agent is writing bonds, as

determined by the Berks County Solicitor, is Five Hundred Thousand ($500,000.00) Dollars. The

County Solicitor shall immediately notify the Clerk of Courts, the District Attorney and the

Magisterial District Judges of Berks County, of any surety agent having reached this maximum

limit. The Clerk of Courts and Magisterial District Judges shall immediately cease executing

bonds by the surety agent. When appropriate financial settlement has been made with the County

of Berks, as determined by the County Solicitor, he shall notify the Clerk of Courts and

Magisterial District Judges that execution of bonds by the surety agent may resume.

(8) Professional Bail Bondsman.

(a) Every professional bail bondsman, duly authorized to do business in Pennsylvania, may

become surety on any bail bond required to be filed in this Court, provided that a currently valid

registration and license from the Insurance Department of the Commonwealth of Pennsylvania,

pursuant to 42 Pa.C.S.§5742, evidencing such right shall be filed with the Clerk of Courts. Every

professional bail bondsman must present proof that he or she maintains an office in Berks County

from which his or her business is conducted pursuant to 42 Pa.C.S.§5744, and he or she must post

and maintain as security with the Clerk the sum of Fifty Thousand ($50,000.00) Dollars in United

States currency or securities of the United States Government.

(b) No bond shall be executed by any professional bail bondsman where the aggregate

maximum amount of unsettled and outstanding bail forfeitures, as determined by the Berks

County Solicitor is Five Hundred Thousand ($500,000.00) Dollars. The County Solicitor shall

immediately notify the Clerk of Courts, the District Attorney and the Magisterial District Judges

of Berks County of any professional bail bondsman having reached this maximum limit. The

Clerk of Courts and Magisterial District Judges shall immediately cease executing bonds by the

professional bail bondsman. When appropriate financial settlement has been made with the

County of Berks, as determined by the County Solicitor, he shall notify the Clerk of Courts and

Magisterial District Judges that execution of bonds by the professional bail bondsman may

resume.

Rule 531(C) Spouse of Issuing Authority Ineligible

In addition to the limitations of Pa.R.Crim.P. 531(C), the husband or wife of any issuing

authority shall not be permitted in any proceeding to become surety in an individual capacity or

as a professional bondsman under 42 Pa.C.S.A. §5741, or to execute as an officer, agent, attorney

or employee of a surety company, any bail entered before any issuing authority of Berks County

or entered before the court.