The corona virus may do more long term damage than any tornado or hurricane that has hit the state of Texas. The ramifications will be felt for many years to come.
These are interesting times. This is not the time to sit still. Here are some of the things you should be doing:
Essential Businesses
We belive that our indsutry is an essential business and should remain open during any stay at home or shelter in place order. We have confirmed with several sheriff's offices that bondsmen are an essential businesses. Our position is that we provide an essential service and should remain open to aid law enforcement during this time..
The Camercon County Bail Bond Board Administrator requested information from her local county attorney about whether the posting of bonds was an essential business and was told that the providing of services of posting bonds was an essential business and that bondsmen were authorized to conduct business during their shelter in place order. The county attorneys' office cited two separate provisions of the order. The first basis was that bondsmen provide professional services necessary to assist in compliance with legally mandated services. A second basis cited was that bondsmen provide services taht are deemed necessary as an essential service.
A third basis would be that bondsmen fall within the financial services exception.
We have heard of other counties also confirming that bondsmen are exempt as Essential Businesses. Dallas County is an example. Other counties have agreed including Comal and Harris.
Communication
If you have a county association, stay in close contact with your local officers. If you do not talk to your contacts at the courthouse. Find out what your county is doing about the following:
Filing of Bonds, 17.16 Affidavits and 17.19 Affidavits
See if your county is setting up procedures that allow for the remote filing of bonds, 17.16 affidavits and 17.19 affidavits. Tarrant County has allowed for the fax filing of bonds for a long time. The original bond or power must follow and be sent to the jail in a reasonable time. Other counties are setting up tempoary procedures to allow for efiling or fax filing of these types of documents. See if your county is doing something on this. If they are not ask them to plan for something if things get worse in your county.
On the issue of bonds, we would point out that it is settled law that the bond must be signed by the defendant and the surety. So a fax, with the original to follow by mail may be a good procedured.
On the issue of 17.16 affidavits, these affidavits notify your sheriff that the defendant is currently in another jail facility. The verifications should continue to be completed. However, if the jail is not taking inmates at this time make a suggestion, on a temporary basis, that the jail not have to place a hold on the defendant or to if they do, the jail can decide at a later time wether to go get the defendant when called. The act of verification is important from the stand point of continuing to do business..
17.19 affidavits are requests for warrants. They must be presented to the trial court judge. A request for a warrant means that the defendant has done something that has caused you to no longer want to be on this bond. If the court does not want the surety to look for the defendant during this time, consider requesting that the affidavit be signed refused. There refusal will entitle you to a defense later if there is a forfeiture. It will give you the greatest protection. Alternatively, please ask that the affidavit be approved and the court issue a warrant. You remain on the bond until the defendant is rearrested. If the jail refused to take the defendant, then you remain on the bond. Doing nothing is the worst thing that can be done. Please consider asking about temporary procedures to ensure that the affidavit is refused or approved.
Rearrests
Many jails are not arresting many offenses at present. If the jail will not take a defendant after the bondsmen locates the defendant, what happens? Here are a few things to consider:
- In New Orleans after flooding from another natural disaster, bondsmen would take a defendant to the front of the jail and take his picture with a newspaper from that day to show that he had been located but that the jail would not taken him. Other things that were done would include video. Please consider what actions you can be taking to address this same situation.
- Some district attorneys are conisdiering giving bondsmen more time to rearrest. Know what your county is doing. Consider getting more family references in case the defendant moves to allow you more resources to find the defendant.
- This may be a ground for a discretionary remittiur under 22.16 (c) of the Texas Code of Criminal Procedure. Find out if your county agrees.
- Consider asking the district attorney's office to creat a temporary settlement policy for just the cases affected by the virus. The state should not be prejudiced by this very unique situation, but your bonding company should not as well.
Continuing Education Class Requirement
The next item we would like to raise is the issue of Continuing Education and documentation that must be submitted with applications for renewal that is either obtained from the Sheriff's office or the county.
The April's PBT class has been cancelled because of a shelter in place order was issued by Travis County. If you have a license that has to be renewed, PBT recommends that you request that the board consider renewing the license subject to providing documentation of completion of the continuing education requirement within 60 days after the shelter in place orders are lifted. We know this procedure may be questionable, but it appears to be the best of the bad options at this time. But this practice has been used across the state without issue. No board has been subject to a lawsuit for such action.
If you are in the process of ocmpleting an application for renewal and are having issues getting certain documents. Complete the application without the documents and submit it. Ask the board to renew without these documents because you could not get them.
Therefore, PBT maintains that these are the best choices of the bad choices that can be done if widespread shelter in place orders are in effect..
Stay safe.
