Policy Text
Policy
906Fremont Police Department
Cash Bail Over $10,000
906.1 POLICY
The Fremont Police Department shall adhere to the requirements of Internal Revenue Service
(IRS) when accepting bail of over in the amount of Ten Thousand Dollars ($10,000) or more in
cash.
906.2 PURPOSE
The purpose of this directive is to establish guidelines for reporting the payment of cash bail over
in the amount of $10,000 or more to the Internal Revenue Service.
906.3 PROCEDURE
(a)Detention personnel accepting bail in the form of cash (US currency), cashier’s
check(s), money order(s), or bank draft(s), shall complete IRS Form 8300, and the
Statement and Notice of Payer of Bail form.
1.The Control Room Detention Officer completing form 8300 shall refer to the
detailed IRS instructions for completing form 8300, which is attached to this
directive.
2.The Control Room Detention Officer completing the Statement and Notice of
Payer of Bail shall complete the form as follows:
(a)Enter the date of the transaction on the line entitled, "date."
(b)The Detention Officer shall sign on the line entitled, "Detention Officer."
(c)The Detention Officer shall have the payer of the bail sign the form on the
line entitled "Payer of Bail."
3.The Detention Officer shall provide the payer with copies of form 8300 and the
Statement of Notice of Payer of Bail form. The Detention Officer shall photocopy
the payer's identification card.
4.The Detention Officer shall package the currency, cashier's check, money order,
or bank draft in the normal manner as prescribed in this manual.
5.The Detention Officer shall attach the completed 8300 form, copy of the
identification card, the Statement, and Notice to Payer of Bail form to the bail
envelope and place both in a locked bail bag.
6.The Detention Officer shall ensure the bail envelope and the 8300 form are
transported to Records by the Court Liaison Officer.
7.Records shall ensure the bail and the 8300 form are forwarded properly.
(b)Definition of "cash" for the purposes of for 8300
1.Any coins and currency of the United States
2.A cashier's check or money order with a face amount of $10,000 or less
Copyright Lexipol, LLC 2023/10/02, All Rights Reserved.
Published with permission by Fremont Police DepartmentCash Bail Over $10,000 - 1
Fremont Police Department
Cash Bail Over $10,000
3.A cashier's check or money order with a face amount of more than $10,000 is
not treated as cash
4.Personal check drawn on an individual's personal account is not treated as cash
(c)Form 8300 is required if cash bail is either received as one lump sum of over $10,000
or from two or more sources that total in excess of $10,000.
1.Example 1: The bail amount is $12,000. An individual posts bail with $12,000
dollars in U.S. currency. You have received more than $10,000 cash and must
file form 8300.
2.Example 2: The bail amount is $12,000. An individual posts bail with $8,000
dollars cashier’s check and $4,000 dollars in U.S. currency. You have received
more than $10,000 cash and must file form 8300.
3.Example 3: The bail amount is $12,000. An individual posts bail with $8,000
dollars personal check and $4,000 dollars in U.S. currency. Because the
personal check is not treated as cash, you have not received more than $10,000
cash. Form 8300 is not required.
(d)The City of Fremont's "Employer Identification Number" is 94-6027361
(e)If you are unable to obtain the Tax Identification Number (T.I.N.) of an individual
posting bail of over $10,000 dollars, a statement must be attached explaining why the
T.I.N. is not included.
(f)Individual posting cash bail must present acceptable identification. Acceptable ID's
include:
1.U.S. or foreign government issued passport
2.Permanent Resident Card
3.Driver's Licenses or other State photo identification cards issued by the
Department of Motor Vehicles
4.U.S. Military Identification Card
Copyright Lexipol, LLC 2023/10/02, All Rights Reserved.
Published with permission by Fremont Police DepartmentCash Bail Over $10,000 - 2