Idaho Code
Idaho Code

Idaho Code § 41-1038 (2026)

Definitions. 

✓ current as of May 2026
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Definitions. 

As used in sections 41-1037 through 41-1045, Idaho Code:

(1)  "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.
(2)  "Bail agent" means a person who is a licensed producer in the line of surety insurance that is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial proceedings.
(3)  "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.
(4)  "Collateral" means property of any kind given as security to obtain a bail bond.
(5)  "Department" means the department of insurance.
(6)  "Director" means the director of the department of insurance.
(7)  "Person" means an individual or a business entity.
(8)  "Retail consumers of bail bonds" means a defendant and any person who provides collateral to obtain any portion of a bail bond.
(9)  "Surety" or "surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.
Notes of Decisions
Cited in 1 case, 1976–1976 · leading case: McAlvain v. Gen. Ins. Co. of Am., 554 P.2d 955 (Idaho 1976).
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McAlvain v. Gen. Ins. Co. of Am., 554 P.2d 955 (Idaho 1976). · cites it 2× “§ 41-1030; pass an examination administered by the state, I.C. § 41-1038; and meet certain qualifications, I.”
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