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 star of the day and the buzz around the sport suggested it was poised to claim its place alongside football and baseball. However, much like the initial expectations for e-filing in the bail industry, the widespread adoption of soccer did not happen immediately.
Similarly, despite expectations for e-filing to sweep across the nation, only a handful of states, including Florida, Georgia, and Texas, have counties that currently accept e-bonds. In Texas, fewer than ten out of its 254 counties, El Paso, Gregg, Polk, Smith, and Denton, to name a few, have embraced this technological shift. Nonetheless, the industry anticipates that more counties will follow suit in the coming years.
Concerns were raised by some bail agents about the potential threat posed by e-bonds to smaller operators during a panel discussion at a 2010 PBUS summer conference in Steamboat Springs, CO. These concerns included fears that larger bail agencies might dominate the market, making it challenging for smaller operators to compete. There were also worries that surety companies might bypass individual bail agents and write bonds directly.
However, several years after these concerns were voiced, little has changed. The impact on small bail bond agencies has been minimal, and fears of surety companies writing bonds directly in e-bond counties have not materialized.
In the fall of 2022, I participated in a training class in Atlanta, hosted by the Fulton County Sheriff’s Office and the e-bond system provider. Bail agents initially approached the e-bond system with a mixture of trepidation and curiosity. A year after its implementation in Fulton County, there have been no complaints from American Surety Company agents. In fact, there has been praise for the efficiency and convenience of the e-bond system.
The benefits of e-bonds are becoming evident. The process is quick and easy, allowing authorized agents to post bail from any location using a laptop or iPad-like device. This eliminates the need for physical presence at jails, saving on gas, parking, time away from the office, and wait times. The system also allows for the importation of powers to an agent’s e-inventory at any time, providing flexibility and enhancing power inventory control.
The advantages extend beyond convenience. E-bonds result in shipping cost savings on bond reporting and power replacements, and the risk of losing or stealing e-powers is virtually eliminated. The transition to e-filing is likened to the shift from paper to electronic files, reflecting on the immediate savings in time and resources.
In conclusion, while some may be hesitant about embracing e-bonds, the undeniable benefits suggest that it is an inevitable and positive progression for the bail industry. As the saying goes, “you cannot stop progress, so you may as well embrace it.” E-bonds are on the horizon for many counties and states, presenting an opportunity for businesses to capitalize on technological advances and stay ahead of the competition. This message was brought to you by e-delivery.