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Georgia Rolls Back Bail Reform – Sends Bill to Governor

News
On the heels of New York reinstating bail requirements on a wide range of felony crimes and Florida instituting a statewide bail schedule, Georgia has passed legislation requiring secured bail on 30 new criminal charges.  The bill originated in the Senate, passed the House has been sent to the governor for signature. In addition to requiring bail on additional criminal charges, charitable bail organizations, who use donations from the public to post cash bail, will be limited to posting three cash bonds a year. Any organization wishing to post more than three bonds a year must qualify as a professional bondsman and be approved by the local sheriff to open an office. It has been reported charitable bail organizations have posted cash bail for as many as 1500 offenders in…
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Embracing Technological Advances: The Rise of E-Bail Bonds

Bail, ebonds, News
By Michael J. Whitlock, Executive Vice President In a significant move towards modernization, Denton County, Texas has become the latest jurisdiction to mandate bail agents to post bonds electronically. This development underscores the gradual adoption of e-filing systems within the bail industry, a concept that has been discussed for years but is only now gaining traction in certain states. American Surety Company, with a notable presence in Texas and Georgia, has embraced this shift, working with our agents to post bonds electronically where permissible. While the move to e-filing appears logical to some, it has sparked varying opinions within the industry. Reflecting on the anticipation surrounding e-bonds, it brings to mind the days when I was playing soccer as a teen in Memphis. It was 1976, Kyle Rote, Jr. was the…
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Texas Bail Agents Do It Right

News
By Michael J. Whitlock I’ve been attending meetings and annual conferences by the Professional Bondsmen of Texas for several decades and they always deliver. Whether it’s the continuing education classes with instructors with legal experts in bail like Roger Moore, Ken Good and Randy Adler or the auctions to raise money for the PAC, they always do it right. American Surety Company is proud to be a regular sponsor of PBT events. At PBT’s 2023 Annual Convention at The Menger Hotel in San Antonio, PBT held a skeet shot competition, auction for the PAC and raised thousands of dollars for my favorite charity Camp Esperanza, an annual summer camp for pediatric cancer patients. A special retirement dinner was held for Susie Cannon, she has served PBT for 18 years. She was lauded for…
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Illinois Ends 90% Discount Bail in Favor of Zero Bail

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Michael J. Whitlock According to wisevoter.com Illinois ranks number five among all states for incidents of violent crime and ranks 19th for total crimes committed. The Illinois Supreme Court upheld the Illinois Bail Reform Act, a new law banning the use of cash to secure the appearance in court by the accused while released from jail pending trial. The new law goes into effect September 18, 2023. Illinois has not used bail bonds for decades. Prior to the new law, most defendants could deposit with the court 10% of the set bail in cash. What we refer to as the 90% discount. The new law will take the 90% discount to a 100% discount known as “zero bail”. Some would argue eliminating the requirement of bail makes the public safer.…
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The Palmetto State Enacts Sweeping Bail Reform Legislation

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By Michael J. Whitlock South Carolina Governor Henry McMaster signed sweeping legislation (H3532) related to its pretrial release system and licensed bondsmen. While several states have been reviewing the pretrial release regulations over the past seven to ten years, South Carolina is only now working to address concerns perceived or otherwise. Here are some highlights. Full cash bonds will be required on anyone charged with a violent offense while released on bond for a prior felony offense or a felony offense involving a firearm while out on bond or pretrial release. When setting conditions for release the court must consider the nature of circumstances surrounding the offense charged, family ties, employment status, financial resources, character and mental condition, length of residency in the community, prior criminal record, prior convictions, prior failures to…
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A Trip to the U.S. Capital

News
By Michael Whitlock I spent a few days at our nation’s capital this week in my capacity as a member of the American Bail Coalition Legislative Committee. The bail industry is largely regulated by the states though some bail is still written at the federal level and federal regulation can indirectly impact bail policies at the state level. We met with both congressmen and senators to discuss these important issues. The Bureau of Justice Statistics released a study in 2007, providing data gathered from the 75 largest counties in the country for the purpose of determining the effectiveness of various forms of pretrial release. The BJS study concluded secured bail be it full cash or surety were most effective. It was also a useful tool to drive home the point bail bonds play a…
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In Case of Emergency – Break Glass

In Case of Emergency – Break Glass

News
By Michael J. Whitlock We’ve all seen fire hose and axe stations as we walk through office buildings only to be used in case of an emergency. Expansion of preventive detention, requiring constitutional amendments is the order of the day in Connecticut, Indiana, and Texas. Some members of these state legislatures have deemed the increase in crime an emergency and preventative detention, holding an offender in jail without bail, until trial, the answer. After years of overreaching criminal justice reforms these legislative bodies, out of desperation, are looking to break the glass to create the necessary tools to aid in putting out a fire they themselves help ­­start. They want to change constitutional language that has been in place for at least two centuries. Why now? Bail agents across the country know,…
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Happy Holidays from American Surety Company

News
By Michael J. Whitlock There is a winter storm coming down from the north that will sweep across the Midwest over the Northeast guaranteeing snow for Christmas.  Snow just adds a little something to the occasion and the season. I probably don’t embrace the season as much as I should for reasons unknown.  I do enjoy looking out my window to see the cars of my adult kids parked in the driveway.  No matter how old they get, I never stop worrying for their well-being and having them all at the house certainly adds to the holiday spirit. Given the state of our country and the increase in crime in our communities it’s always a relief to have family around.  My son and daughters know the first question I’m going…
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My Life in Bail – Part Six – Jack of All Trades – Master of None

News
By Michael J. Whitlock This past October, I was a guest speaker at the California Bail Agents Association annual conference in Las Vegas. My topic was the recent legislation passed in Indiana regulating charitable bail organizations. My preferred speaking style is from the heart, not power point presentations. Albert Ramirez, a veteran bail agent and attorney came up to me afterwards, gave me some positive feedback and ask where I went to college. I told him, no college for me. He said I came across as having advance educated in my presentation. That was the greatest compliment I could receive. A lack of a college degree, or any college at all, has been the driving force in my work life, if I am being honest. Everyone around me had a…
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ABC Rocks Las Vegas

ABC Rocks Las Vegas

News
Michael J. Whitlock If you were unable to attend the 7th Annual ABC Agent Conference in Las Vegas last week, that sucks for you, because it was the best one yet. A primary characteristic of an ABC conference is, no fuss no muss. A cocktail party on the eve of the conference followed by one day of all business. Information comes at you like a fire hose and then you go on with your life much more informed. This year's event was especially enlightening because it was by all accounts a good year for the bail industry. Another effort [caption id="attachment_14006" align="alignright" width="208"] American Surety Company President & CEO Bill Carmichael opens the conference[/caption] to put the bail industry out of business in California failed by a wide margin. Ohio…
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