Posted August 9, 2010 at 12:00 AM by Michael J. Whitlock, MCBA under SGW Golf -
Even the suffocating heat of Texas in August could not wilt the enthusiasm and giving spirit of the golfers and volunteers participating in the 21st Annual Steven G. Whitlock Memorial Golf Tournament. Bondsmen from throughout Texas and across the country converged on Woodhaven Country Club in Fort Worth August 4th to help raise money for Camp Esperanza, a summer camp that hosts 140 kids battling cancer.
The cost of sending a kid to Camp Esperanza is approximately $500 and it is the sole focus of SGW to underwrite the cost of sending as many kids as possible to summer camp. These kids, who deal with the difficulties of their struggle with cancer throughout the year, look forward to a week of stress free fun with their fellow soldiers. We are here to help these kids.
This year’s SGW event raised $31,000, which will fund the cost of sending more than sixty kids to Camp Esperanza in 2011. The involvement of The Professional Bondsmen of Texas, as the presenter of SGW, has breathed new life into this annual event which has entered its third decade, resulting in a significant increase in proceeds donated to Camp Esperanza.
The involvement of bondsmen and surety companies underscores the generous nature of those working in the bail profession who, on a daily basis, must deal with people who find themselves in trouble with the law. It was a sight to see.
Thank you to everyone involved who contributed their time, money and energy to raise a bunch of money for kids who truly deserve our help. We hope to see you again next year.
PBT 3rd Quarter Meeting
The SGW golf outing was scheduled to coincide with the 3rd Quarter Meeting of the Professional Bondsmen of Texas. This meeting was held at the Hilton in Arlington Texas directly across from Six Flags over Texas, Texas Rangers Stadium and the brand new Dallas Cowboys stadium.
Attendance is never a problem at PBT meetings. Texas bondsmen are genuinely concerned about the future of bail in their state and actively participate in efforts to protect and preserve their industry.
First Assistant District Attorney Terri Moore from the Dallas County DA’s office was the guest speaker. Terri Moore, who was invited by Camille Hodnett, owner of Bail Bonds by Camille in Ft. Worth, was the brains behind the idea of the Conviction Integrity Unit of the Dallas County District Attorney’s office. This elite unit is charged with reviewing select cases of convicted felons to determine if they were legitimately convicted. Their efforts have resulted in exonerating 21 convicted felons who were subsequently released from prison.
The PBT legislative committee discussed their legislative agenda for 2011 recognizing that redistricting, budget and immigration will be the primary focus of the state legislature next year.
There was also a lot of talk of the recent Ethics Opinion number 599 issued by the Texas Center for Legal Ethics. It concluded, “it is not permissible for a lawyer who serves as bail bondsman for his client in a criminal prosecution to add to the court’s form of bond a provision in which the client agrees that, if the client fails to appear in court, the attorney is authorized to enter a “no contest” plea.” It was determined that to enter a “no contest” plea is in the best interest of the lawyer (who avoids a bond forfeiture) and not the client.
Tremendous thanks goes to Houston bondsmen Mike and Randy Kubosh who funded the effort to obtain an opinion from the Texas Center for Legal Ethics. This effort took six months and more than twenty thousand dollars in legal fees.
PBT will be holding its Annual Meeting October 20 – 23 at the Menger Hotel in San Antonio. This annual meeting is always well attended and a lot of fun. I highly recommend attending even if you operate outside Texas.
Posted July 26, 2010 at 12:00 AM by Michael J. Whitlock, MCBA -
Each year the PBUS Board of Directors has the undeniable challenge of selecting a venue for their Mid-Year meeting (the PBUS winter conference is always in Las Vegas) that will be both accommodating for meetings and attractive to attendees who want something interesting to do in their free time. All this to entice bail agents into spending a few days of their valuable summer months attending a conference.
Past summer conference locales include West Palm Beach, Seattle, San Antonio and San Diego. With so many great locations to choose from, why select a city in a state that has not allowed commercial bail bonds for more than forty years?
As a travel destination Chicago offers a plethora of things to hold one’s attention. Downtown is clean and safe. You can take in an afternoon Cubs or White Sox game, visit one of the many museums, ride the Ferris wheel at Navy Pier or take the architectural boat tour through the river that runs through downtown. The City of Chicago itself should not be a turnoff to anyone who wants to mix tourist activities with a business conference.
On the other side of the coin, there are those PBUS members who cannot bring themselves to contribute to the economy of a state that has outlawed their profession. Illinois outlawed bail and private sector fugitive recovery in the sixties. They currently utilize a system of deposit bail, OR release and pretrial services.
PBUS invited Senator Mike Jacobs to speak at the conference. Senator Jacobs is a good friend of Brad Williams of Williams National Surety and has a good understanding of how commercial bail works and the accountability it offers that government programs do not. Senator Jacobs said “...surety bail is the single most effective means of pretrial release”. He went on to say he would be willing to introduce legislation that would reinstate commercial bail in Illinois.
Senator Jacobs’ offer to introduce legislation which would reinstate commercial bail in Illinois cannot be ignored. As has been reported here, efforts have been underway for more than two years to reinstate commercial bail to Oregon, another deposit bail state. Billion dollar budget shortfalls in both of Oregon and Illinois have opened the door for the private sector to offer services and guarantees in areas these states have controlled for decades. Restoring the right to write commercial bail bonds in the non-bail states would be a victory for all bail agents. Accomplishing this in Illinois would certainly make Chicago my kind of town.
Other Happenings at PBUS – Chicago
The Americans for the Preservation of Bail (APOB) was a topic in many conversations and a few meetings this past week in Chicago. This new association has many bail agents and surety representatives guessing as to APOB’s motivation and overall agenda and what impact their efforts will have on the bail bond industry (click on “comments” at the top of this post to share your thoughts on APOB).
At the Council of President’s meeting Jeff Kirkpatrick of Michigan reported, his state’s association will push the Citizens’ Right to Know bill in the next legislative session. Jeff also reported Michigan bail agents are writing about 35% more bail since Michigan began allowing writing a surety bond equal to 25% of the face amount of a 10% deposit bond.
Washington State is considering a move to no credit bonding in the wake of shooting deaths of several policemen last year by a defendant released on a bail bond. Apparently, the bonding company, who was cleared by the Department of Insurance of any wrong doing, did not collect the full premium prior to posting the bond. This will be a major topic of discussion at the next meeting of the WSBAA in September.
PBUS will celebrate its 30th Anniversary at the 2011 Winter Conference in Las Vegas next February. The 2011 Mid-Year Conference is expected to return to central Florida in the summer of next year.
I encourage all bail agents to become a member of PBUS and participate in the commercial bail industry’s only national agent association. Interacting with bail agents from around the country and attending educational seminars at PBUS meetings can only benefit you and improve the chances of success of your agency.
Next Up
Posted July 20, 2010 at 12:00 AM by Michael J. Whitlock, MCBA -
Governor Barbour was on TV recently touting how clean the beaches are on the Mississippi coast, that the BP Oil Spill had not harmed their shores, so “come on down”. Well I came on down, not because the Governor asked, but because I was already scheduled to attend the MBAA’s Summer Conference in Biloxi.
Unfortunately, while the clean white sandy beaches of Biloxi were spotless, they were also empty. Everyone must have been at the Treasure Bay Casino because it was packed with gamblers and MBAA members in town for the conference.
The conference started with a fete at Thunders in Pascagoula where it was hot and sticky with cold beverages and karaoke. Everyone seemed to have a good time enjoying some down time.
Click to view MBAA 2010 Summer Meeting Slideshow
Patty Hodges is the current president of the MBAA and was re-elected to another term at this meeting. The MBAA is a well run organization and each meeting I’ve attended has well over 75 agents in attendance. They always make it fun by providing T-shirts to each attendee along with their conference packet. This year the T-shirt had a caricature of someone getting arrested over a slogan of “Support your local bondsmen, get arrested”.
House Bill 900 was passed earlier this year and soon becomes effective. Robert L. Perkins, Director of Licensing at the Mississippi Insurance Department, was on hand to discuss that portion of HB 900 that prohibits a bondsman from writing bail in a county where they are related to someone who comes in contact with bailable inmates. To demonstrate the breadth of the definition of relation, you would be in violation of this section of law if you are writing bail in a county where you are related to the coroner or someone who held a seat on the County Board of Supervisors. Furthermore, if you are related to a circuit court judge you are prohibited from writing bail bonds in any county located within that circuit.
The meeting also had a pleasant diversion with non-bail speaker Marshall Ramsey, a political cartoonist with The Clarion-Ledger who narrated a slide show presentation of his cartoons from the last ten years which included Hurricane Katrina. I was fortunate to win a signed copy of his collection of cartoons, 10! Marshall Ramsey’s Ten-Year Celebration.
MBAA Scholarships were awarded to three college students who met the character and academic requirements.
American Surety Company contributed to the MBAA’s already healthy bank account as one of the sponsors of 2010 Summer Conference. MBAA doesn’t get as much notice for their strong organization, as do some of the larger states, but they’re no less effective. Nice job MBAA, I can’t wait to return for your next big meeting.
On the schedule for this week is the PBUS Mid-Year Meeting in Chicago. The meeting is being held at the Fairmont Chicago, Millennium Park and runs July 21-24.
Posted July 15, 2010 at 12:00 AM by Michael J. Whitlock, MCBA -
The Ohio Bail Agents Association held their third quarter meeting in Columbus this past Saturday. The discussion centered on the upcoming legislative season and the needs of the commercial bail bond industry in Ohio.
Similar to Indiana, Ohio courts are moving more and more toward the, revenue inspired, 10% bond option with many courts accepting to accept only 10% deposits; no bail bonds. This short sighted strategy by some Ohio courts has placed a strain on the criminal justice system through increased failure to appear warrants, reduced conviction rates and the disenfranchisement of victims of crime.
The State of Ohio is staring at an ugly $8 billion dollar budget shortfall in 2011 and must find ways to administer huge cuts in overhead. One of the areas being looked at is the state’s criminal justice system. Senator Bill Seitz (R) is the sponsor of SB 22, and a member of the Judiciary – Criminal Justice Senate Committee. SB 22 is a reform bill that addresses sentencing reform, GPS monitoring of inmates released early from prison and recommends releasing early, prisoners who have served 85% of their prison term.
Opportunity for Post Conviction Bond
The early release of prisoners is an area where the bail bond industry can offer an effective tool for getting parolees to comply with the terms of their release resulting in a decrease in the recidivism rate. A Bureau of Justice Statistics study of prisoners released in 2006 indicates Ohio had a 30% recidivism rate. The study shows, of the 11,621 inmates paroled in 2006, 3,486 were arrested on a new charge, absconded and remain at large or otherwise violated various terms of their parole.
By requiring as a condition of early release, the parolee obtain a Post Conviction Bond, family and friends would be brought into the process by providing a financial guarantee the defendant will comply with the terms of their parolee or risk returning to prison.
The use of a Post Conviction Bond would not interfere, in any way, with the work being done by parole officers. It would serve as additional incentive for the parolee to comply with the terms of their parolee and reintegrate into society.
I had the honor of meeting with Senator Seitz last October on behalf of the American Bail Coalition to discuss an amendment to SB 22 that would create an option for the parole board to require a Post Conviction Bond. The idea was well received and is still being considered.
Legislative Initiatives
The OBAA, which will hold their annual conference on September 23 and 25, is considering introducing legislation which require a bail bond be posted on defendants charged with an aggravated felony (bail restrictions), requiring a defendant to post a bail bond upon being rearrested for failing to appear on a deposit bond (One bite at the apple) and establishish a time certain for the court to notify the surety of a failure to appear.
OBAA President Eddie Miller is determined to see the passing of legislation that will benefit the bail bond industry in Ohio. Eddie said, “We have little chance at success without the support and participation of every licensed bail bond agent in this state.”
The bail bond industry in Ohio faces huge challenges ahead and will only succeed if the bail agents and surety companies operating in the Buckeye State work together as a cohesive unit. Success is within our reach. We just need to make it happen and we will.
Making the Case for a Post Conviction Bond
Posted June 28, 2010 at 12:00 AM by Michael J. Whitlock, MCBAA -
It was one of those three week stretches that had me in five states, thirteen airplanes, four hotels and four rental cars covering 10,000 nautical miles. During this period was a combination of meetings with new bail agents, visiting with existing American Surety Company (ASC) bail agents and participating in meetings involving the expansion of commercial bail.
California and Nevada
My first stop was Las Vegas where it was 105 degrees in the shade. I met with a new bail agent for ASC before making a three hour drive to Riverside, California where I met with ASC agents in that market. I made it back to Las Vegas that evening.
Fortunately, Nevada’s legislature is in the off season making it one less state to worry about, for now. The California General Assembly however is going at full steam. Assembly Bill 1369, is the primary focus of the commercial bail industry in that state, which would allow defendants still in custody after sixty days (thirty days for misdemeanors) to apply for release on an electronic monitor. The two California bail agent associations, CBAA and GSBAA, continue to work closely with Assemblyman Curt Hagman to prevent the passing of any legislation adverse to bail.
Louisiana and Mississippi
Next, it was down to the Gulf Coast where I met with a longtime bail agent who will begin writing for ASC in Southern Mississippi. She was confident all bail agents will be writing on insurance within three years. Current law allows an individual to write on a ratio of cash with a minimum deposit of $30,000.
The Magnolia State recently passed H.B. 900 April 1. This bill, effective July 1, 2010, contains several changes impacting both bail agents and sureties. H.B. 900 will 1) prohibit a bail agent from writing bonds in a county where they are related to someone who works in a official capacity where bailable defendants are housed, 2) bail agents must submit a full set of fingerprints with an application for bail license for the purpose of conducting a criminal background search, 3) states the purpose of bail is for appearance only and cannot be forfeited for any other reason, 4) the clerk must mail notice of forfeiture to surety within ten working days or forfeiture is set aside, 5) require witness protection agencies to notify the court when a defendant has entered their program, providing grounds for set aside of forfeiture 6) provide for revocation of bail license if final judgments are not timely satisfied and 7) provides for the full remission of a bond, less costs, if the defendant is surrendered or detained in another jurisdiction within twelve months of final forfeiture. H.B. 900, all in all, is a fair piece of legislation.
I return to Mississippi next month where I will be attending the Mississippi Bail Agents Association meeting at Treasure Bay Casino in Biloxi, July 12-13. ASC is an event sponsor.
My two day trip to the Gulf Coast also put me in New Orleans amid the BP Oil Leak Disaster and an amazing lightening show and downpour that temporarily flooded the streets of downtown.
The Association of Louisiana Bail Underwriters (ALBU) has been as busy as any bail association in America. ALBU President Guy Ruggiero circulates regular legislative updates. His most recent update brought to our attention several bills which have been enacted this session. SB 120 , which becomes effective 8/15/10, increases the minimum premium rate on bail bonds from $60 to $120; SB 685 makes bail jumping a crime carrying a sentence of 1-3 years and a $2,000 fine; HB 554 prohibits offenders charged with domestic abuse battery from being released on their own recognizance and HB 1047, which creates the Bail Bond Apprentice Program, was sent to Governor Jindal June 18 for signature. When the apprentice program becomes law, new licensees will be required to work for a licensed agent for a period of six months before becoming eligible to obtain a full license.
Oregon and (back to) California
Efforts continue to reintroduce commercial bail to Oregon. This state has been be using a combination of deposit bail, release on own recognizance and pretrial service for more than 35 years. The current system has not been effective which is why commercial bail is being considered.
ASC is a member of the American Bail Coalition (ABC). It was in this capacity I travelled to Portland where I joined Brian Nairin of AIA and fellow ABC member, ABC Executive Director Dennis Bartlett and ABC legislative advocate Paul Romain in a working group involving legislators and various state agencies in a continued effort to allay any concerns about reintroducing commercial bail.
The Oregon legislature will reconvene next January where commercial bail legislation will be considered. Reinstating commercial bail to Oregon and permitting fugitive recovery in that state will have a dramatic impact on public safety and victims’ rights by reducing the number of failures to appear and returning fugitives. ABC is comprised of twelve member companies all of whom have the best interest of the commercial bail industry at heart. Continued cooperation among the majority of commercial bail underwriters on the legislative front gives the bail industry the best chance at success.
I finished my most recent road trip with a stop in California, this time in the northern part of the state where I met with ASC agents in Sacramento and Fairfield before returning to Indianapolis.
Developing
Colorado is brimming with activity related to the ballot initiative that would limit release through pretrial services. The bail laws are also due to sunset in 2012. That state is seeing a significant increase in bail agent participation largely due to the efforts of the American Preservation of Bail, a newly formed organization whose focus is to advocate for bail agents in the fight to preserve commercial bail. ASC recently became a member, as we are in support of any efforts working in the best interest of commercial bail.
Mark Your Calendar
The PBUS Mid-Year Meeting is just around the corner. The summer meeting will be held at the Fairmont Hotel in Chicago July 22-24. I’m personally delighted about this venue as it’s only a short drive from Indianapolis, my home base.
Don’t forget about the 21st Annual Steven G. Whitlock Memorial Golf Tournament, benefiting Camp Esperanza and brought to you by the Professional Bondsmen of Texas, being held August 4. This year’s event is shaping up to be our best ever.
Enjoy your summer and please share your thoughts on any of these issues by clicking on comment at the top of my blog.