Effective Bail Agent Management for Modern Jails by Thomas Reuter

effective

Bail Agent Management for modern jails

Table of Contents Introduction.............................................................................2 Summary..................................................................................3 I. An Overview of Bail Bonds......................................................5 I. a. A Brief History of Bail.......................................................6 I. b. Bail Forfeiture.................................................................9 II. Problems with Bail Agents...................................................... 11 II. a. Common Problems with Bail Agents...................................12 II. b. Bail Agent Complaints About Jails.....................................15 II. c. Professional Qualifications of Bail Bondsmen.....................16 III. Creating an Effective Solution................................................17 III. a. Code of Conduct & Compliance for Bail Agents..............................19 III. b. Incentives for Voluntary Cooperation from Bail Agents........ 23 III. c. Recommended Jail Procedures........................................ 24 III. d. Regulated Advertising Opportunities................................ 26 III. d. 1. Bail Agent Directory & Hotline............................................. 32 III. d. 2. The Inmate Handbook................................................... 34 III. d. 3. Benefits of Bail Agent Sponsorships............................. 37 III. e. Bail Agent Council and Grievance Board.......................... 39 III. e. 1. Guidelines for the Bail Agent Council...........................40 III. e. 2. Bail Grievance Board................................................ 43 IV. Conclusion........................................................................ 44 V. Afterword............................................................................ 47 VI. References and Works Cited................................................... 48

effective

Bail Agent Management for modern jails

A study compiled by the Margaret Eleanor Duplessis Foundation.

Introduction The Margaret Eleanor Duplessis Foundation (MEDF) is a private non-profit organization commissioned to develop new communication resources for law enforcement. Agencies use these resources to deliver better information to the communities they serve, and particularly to those affected by an arrest. Over 4,000,000 bail bonds are executed in the United States each year, requiring detention centers to effectively manage the bail agents and companies that serve their facilities.1 This report on Effective Bail Agent Management for Modern Jails identifies problems between detention centers and bail agents, and offers practical solutions for jails to achieve a stronger and more cooperative working relationship with those agents and companies.

Over 4,000,000 bail bonds are executed in the United States each year,

1 Cohen, Thomas H., and Reaves, Brian A. â&#x20AC;&#x153;Pretrial Release of Felony Defendants in State Courts.â&#x20AC;? Bureau of Justice Statistics Special Report. November 2007. Article. See p. 2. 2

Summary Bail is an essential part of the American judicial system. It serves to protect an essential principle of American justice; that every defendant is presumed innocent until proven guilty in a court of law. As a result, it is unfair to incarcerate a defendant before he or she is convicted. An offender’s freedom before conviction “permits unhampered preparation of a defense and serves to prevent the infliction of punishment prior to conviction.”2 Bail enables arrestees to avoid lengthy detention prior to their trial, while still assuring that there is a strong incentive for them to cooperate and return for the judicial process. Professional bail bondsmen play a crucial role in the bail bond system by allowing many offenders to post bail who would otherwise be unable to do so. Each year, an estimated 14,000 commercial bail agents secure the pretrial release of over 4 million defendants. In total, up to 70% of defendants are required by courts to post bail money as a condition of being released before their trial, and at least half of these defendants turn to commercial bonding agents to raise the funds needed.3 By allowing more defendants to post bail, bondsmen serve the interests of jails as well as defendants. In 2007, the average cost of detaining a defendant in jail until trial was close to $19,000, while the average cost of releasing a defendant was between $3,000 and $4,000.4 According to the Federal Bureau of Justice Statistics, $20000 Costs of Pre-Trial without commercial Cost of Detention in Jail 15000 bail agents, the costs Incarceration of incarceration vs. Bail 10000 before trial would quickly overwhelm 5000 jails.5 Cost of Release on Bail 0

Milovanovich, Zoran. Pre-Trial Protections. Lincoln University Criminal Justice Program, June 2010. Website. 3 Cohen and Reaves, p. 2. 4 “Surety Bail Pretrial Release Success Rate Trumps That of Unsecured Pretrial Release Programs: A Review of Public and Private Pretrial Studies.” Bail Bonds 101, 2009. Website. 5 Cohen and Reaves, p. 4.

Although both bail bondsmen and jails play crucial roles in the judicial system, they frequently perceive each other as opponents, with jails working to lock up arrestees, and bondsmen working to free them.6 Jails accuse bail bondsmen of behaving disrespectfully and unprofessionally and of trying to manipulate the judicial system for their own gain. Bail bondsmen in turn resent jails enacting many types of rules and regulations that make it more difficult for them to do their jobs. This high level of antagonism between bail bondsmen and jails adversely affects everyone involved and makes the judicial process less efficient and less effective.7 Fortunately, there are solutions for improved cooperation between bail bondsmen and jails. The Margaret Eleanor Duplessis Foundation (MEDF), working with Cuff Publishing, has developed a detailed, comprehensive program to facilitate better working relationships between jails and bail agents. This report includes a system for the management of bail agents as well as the creation of a Bail Agent Council and Grievance Board to bring bondsmen and jail agents together to fulfill their common goal of increasing the efficacy of bail procedures.

Although both bail bondsmen and jails play crucial roles in the judicial system, they frequently perceive each other as opponents,

This report provides a detailed examination of problems affecting how jails interface with bail agents in their jurisdiction, and it outlines specific proposals to resolve these issues. By reading this report, jail administrators will gain a greater understanding of why these solutions benefit jails, bondsmen, and arrestees – a rare situation where everyone truly wins.

Rhode, Deborah L. “Moral Character as a Professional Credential.” The Yale Law Journal. 94:3, January 1985, pp. 491-603. Article. See p. 550. 7 Alschuler, Albert W. “The Defense Attorney’s Role in Plea Bargaining.” The Yale Law Journal. 84:6, May 1975, pp. 1179-1314. Article. See p. 1188.

I. An Overview of Bail Bonds Bail supports the basic tenant of the American justice system that a person is innocent until proven guilty, and should not be incarcerated until such time as guilt is proven. The essential concept of bail is to create incentives for an accused offender to meet his obligations to the law and ensure that he returns to court so that the process of law can be affected. In modern times financial conditions are the primary incentive used. These conditions require offenders to pledge money to the court in return for their freedom, receiving the money back only after the full judicial process has taken place. If an offender does not fulfill his obligations to the law, the money pledged to the court is forfeited and a warrant is issued for the offenderâ&#x20AC;&#x2122;s arrest. In this section, we will briefly review the history of bail and the concept of bail forfeiture, to provide a greater understanding of why resolving the issues facing bail agents and jails today is so crucial and so urgent.

I. a. A Brief History of Bail Our modern monetary system of bail evolved from an older English system dating back to the 17th Century. In English feudal social systems, bail was based on an offender’s relationship to other people in his community.8 Almost no defendants possessed any monetary assets to pledge to the courts, so instead, courts required that an offender’s family members, friends, or employer vouch for the offender’s character and pledge on their honor that the offender would return to the court. To preserve their honor, members of the offender’s social circle would take responsibility for the offender upon his release. In a culture which placed strong emphasis on a person’s sense of honor and place within the community, this created a strong sense of obligation to return to court.9 Fear of publicly dishonoring a defendant and his social circle is no longer a viable bail tool for the Court, but our modern professional bail system still assumes that offenders are more likely to honor their obligations if they are held accountable to others. Many defendants lack the money needed to pledge bail, and our modern system of bail agents is based on the idea that defendants can borrow money in exchange for a pledge to fully participate in the legal process.10 Bail agents offer to loan money to defendants to secure their release from jail, and in exchange, they hold defendants accountable for paying back this money and for honoring all legal obligations. Bail agents often secure their financial risks by taking collateral from defendants. They will consider a wide variety of assets for collateral, from property and stocks to guns and jewelry. In the absence of such collateral, however, bail agents can also take into account the defendant’s relationship with his family and friends. Unlike a court, a professional bail agent can investigate the offender’s social relationships and may choose to post a bond for the defendant without any collateral if he believes the defendant is reasonably obliged to his family and friends to observe the process of the law.

Joiner, Holly. “Private Police: Defending the Power of Professional Bail Bondsmen.” Indiana Law Review. Vol 32: 1413, 1999, pp. 1413-1435. Article. See p. 1414. 9 Ibid, p. 1414. 10 Ibid, pp. 1415-1416.

Bail bondsmen will consider a wide variety of assets for collateral, from cash, property and stocks to guns and jewelry.

Bail agents will consider the input of family members and bond guarantors. This information enables a bail agent with the background information necessary to place certain conditions on a defendant’s release beyond those which the Court may impose, as a way of reducing their risks. For example, as requirement for a loan, a bail bondsman may require a defendant to maintain employment and to comply with a curfew while out of jail on bond. His family could also ask the bail agent to require that the offender seek treatment for various behavioral or substance issues as a condition of the bond. In addition to aiding the offender, bail agents help the courts run more efficiently, by helping to ensure that defendants remain compliant with the judicial system. Bail agents assist their clients with many facets of their court appearances, including help with when their next appearance is scheduled, which room to show up to, and how to meet the Court’s conditions of his bond. This helps avoid nonappearance through mistake, forgetfulness or fear of the unknown. Bail agents may mail or send text message reminders of future court dates to defendants, call them the day before, and sometimes even escort the defendant to scheduled hearings. Bail agents may also notify a bond’s guarantor of the defendant’s next Court appearance so that they

can help ensure the appearance of the accused at the proper time. All of this helps to ensure a smoothly functioning judicial system, and cuts down on costs associated with tracking down truant defendants. Because many bail agents are intimately familiar with the operation of the court system, they may also help clear up administrative oversights made by the courts, such as a defendant being scheduled to appear in two jurisdictions or even two courtrooms at the same Bail bondsmen can help ensure the appearance of the accused in court at the proper time. time. In this capacity, a bail agent can act as a liaison between the court and a defendant, helping bring clerical errors to the attention of the Court before problems occur, thereby helping to reduce inefficiencies in the judicial system.11 Additionally, while bondsmen are not permitted to give legal advice, they can advise an offender to hire a lawyer, as well as explain the meaning and importance of legal procedures and types of actions an offender is facing. For example, a bail agent might inquire about a defendantâ&#x20AC;&#x2122;s understanding of the restrictions imposed by a Protection Order and explain how violating such an order could result in a revocation of his bond and/or an additional arrest. In all of these capacities, bondsmen work with the court system to help the judicial process run more smoothly, and to increase the likelihood that defendants fulfill their legal obligations. An Effective Bail Agent Management Program requires a jail to recognize that when bail agents operate professionally and respectfully, they have an important role to play in the American judicial process.

Ibid, p. 1423.

I. b. Bail Forfeiture If a defendant uses a bail agent to post bail, the bail agent becomes financially responsible to the Court for the defendantâ&#x20AC;&#x2122;s appearance. As a result, bail agents have a strong incentive to ensure that their clients cooperate fully with the legal process. If the defendant fails to appear, the bail agent must physically turn over the defendant to the court, and if the agent is unable to do this, he is responsible for paying the full monetary amount of the bail to the Court.12 Bail agents therefore make fugitive apprehension a very high priority. The desire to minimize monetary loss drives all bail agents to respond quickly to offender truancy, and such action usually returns the defendant to the Court without serious loss of time or money to the state.13 Bail agents construct detailed profiles of their clients and their social circles, and they are likely to find a truant defendant quickly. Many defendants who do not appear simply forget or are confused about their court dates, or had an illness or transportation problem. Most return to court after a simple phone call, which eliminates the expense of sending police to re-arrest them. Even defendants who deliberately fail to appear can often be Failure to Appear in Court found quickly by a bail agent and talked into returning to court voluntarily. In fact, a much 15% 33% higher proportion of truant defendants are retrieved by bail bondsmen than by police or legal authorities, thus relieving those authorities of a significant percentage of fugitive apprehension costs.14 Thanks to Defendants using Defendants who professional bail made bail by other the success of private bail bondsmen, â&#x20AC;&#x153;the agents* means cost to apprehend bail jumpers is effectively *Of the 15% who fail to appear, 97% will be in shifted from the taxpayers to the private custody within 1 year. 15 sector almost completely.â&#x20AC;?

12 13 14 15

Ibid, p. 1425. Ibid, p. 1426. Ibid, p. 1427. Ibid, p. 1428

Bail agents have a monetary incentive to insure that defendents appear in court. Fugitive apprehension is a a very high priority.

Bail provided through professional bail agents has a proven success rate. According to academic studies, 85% of defendants who use professional bail agents comply fully with required court appearances. Out of the 15% who do not comply fully, 97% are in custody within one year. By comparison, up to one third of defendants who do not use such agents fail to return for their court appearances.16 In states that prohibit commercial bail bonding, such as Oregon, pretrial skip rates are as high as 33%, which overwhelms the state’s fugitive recovery task force resources and places significant burdens on the state’s law enforcement budget.17

“Surety Bail Pretrial Release Success Rate Trumps That of Unsecured Pretrial Release Programs: A Review of Public and Private Pretrial Studies.” Bail Bonds 101, 2009. Website. 17 Teachout, Ed. “Bounty Hunters: OR A Haven For Petty Criminals.” Newschannel 8 Portland. 13 November, 2012. Article.

II. Problems with Bail Agents Bail and professional bail agents are an integral and essential component of the American justice system, enabling more defendants to post bail, and cutting down on the burdens of law enforcement officials. An effective bail management program begins by acknowledging that bail agents play such a vital role. Bail agents are authorized by law to affect the release of offenders on bail, and jails are charged with the task of coordinating this process. And though bail agents are not law enforcement officers, an Effective Bail Management Program will facilitate their ability to do their job. In this section, we will review some problems that both jails and bail agents report with their relationship, and then outline suggested solutions to these conflicts including a clear set of rules and guidelines for bail agents to follow, and an enforcement protocol to ensure compliance.

We will outline a clear set of rules and guidelines for bail agents to follow

II a. Common Problems with Bail Agents Jails and detention centers across the country report a wide variety of complaints about bail agents. As a profession, bail agents have a reputation for being “lowlifes” and thugs more interested in their own gain than in actually contributing to the judicial system. Ronald Goldfarb, author of A Critique of the American Bail System, summarizes the popular attitude toward bail bondsmen when he writes, “Many, too many agents, are undesirable persons, former felons, and generally repugnant characters…. Some are legitimate businessmen. But too many are low-lifes whose very presence contaminates the judicial process…. The bail bondsman is an unappealing and useless member of society.”18 Whether fair or not, Goldfarb’s characterization describes the way many bail agents are seen by jail officials and legal authorities. Some of the most common complaints leveled consistently by jail personnel include:19

Many bail agents are characterized as thugs or undesirables.

· Bondsmen behaving in an unprofessional manner 18

Goldfarb, Ronald. Ransom: A Critique of the American Bail System. Chicago: 1965. Print. See p.

101-102.

For much more on complaints leveled by jails against professional bail bondsmen, see: Minier, David D., “Bounty Hunters Currently the Target of Much Misplaced Outrage.” Fresno Bee, 28 September, 1997, Article, and Kannensohn, Michael D., and Howard, Dick. “Bail Bond Reform in Kentucky and Oregon.” United States Council of State Governments, 1978, Print, especially pages 5 and 14.

· Bondsmen looking and behaving like thugs, rather than businessmen · Bondsmen behaving disrespectfully and inappropriately toward jail personnel · Bondsmen causing conflicts and fights in the lobby, arguing loudly with their clients or with each other · Bondsmen misleading clients about their fees · Bondsmen accusing jailers of favoritism toward certain agents, often without cause or justification · Female bondsmen wearing provocative or distracting clothing · Bondsmen failing to notify staff and their clients when they are unable to reach the jail to post bond in a timely manner · Bondsmen agreeing to take a bond but not informing arrestees or jail officials that they are located hours away · Bondsmen “Cold Calling” offenders at the jail without having been contacted by the offender — sometimes called “spiking” a bond.

Other complaints relate to the level of competition among bail bondsmen, and the attempts of some to gain unfair advantages over other bondsmen, using techniques such as: • Misleading advertisements or company names (Ex. AAA Aardvark 1% Bail Bonds) • Maintaining dozens of different company names and phone numbers for the same business in order to saturate phone lists • Playing dirty tricks on competitors such as altering a competitor’s phone plan or disabling their vehicle • Ambushing potential clients on the way to the jail or courthouse • Paying inmates to solicit business “on the inside” of the jail • Relaying calls from inmates to provide them with “free calls to their friends” in return for favors Many bondsmen do in fact behave unprofessionally, and by doing so they hurt the reputation of all bondsmen and cast doubts on the entire industry. The goal of this report is to give jails the tools to encourage and facilitate the agents that act respectfully and professionally – which will ultimately raise the standards of the entire industry, and force negligent agents to improve their behavior to compete.

II. b. Bail Agent Complaints About Jails Just as jail administrators complain about disrespectful and unprofessional bail bondsmen, bondsmen often complain that jails do not respect them as businessmen and make it unnecessarily difficult for them to do their jobs. Bail bondsmen’s biggest complaints about jails usually fall into two specific areas: limited access to inmates and favoritism from jails toward certain bail agents. Specifically, bail bondsmen complain that many jails make their businesses more difficult by: · Only allowing inmates to make collect calls, which do not allow inmates to leave voicemails if the call is unanswered · Requiring agents to wait up to an hour before gaining access to inmates. For bondsmen, like other businessmen, time wasted represents business lost. · Requiring agents to meet with inmates in rooms lacking adequate facilities. Many bondsmen have to meet with inmates in rooms that do not even have tables. · Making it nearly impossible to pass documents back and forth with inmates. In some jails bondsmen are prevented from meeting with inmates at all, requiring deputies to deliver documents back and forth between the agent in the jail lobby and the inmate behind locked door · Not allowing bondsmen to call in to the jails to speak with inmates, and even refusing to pass messages along concerning the status of their bond · Refusing to allow offenders to meet with a bail agent who is already meeting with a different inmate at the jail. Sometimes it is easier for the jail and the agent to allow an offender to meet with a bondsman who is already at the jail rather than requiring each offender to contact a bondsman separately.

Bondsmen often complain that jails do not respect them as businessmen

These types of procedures place unneeded job stressors on bail agents, and contribute to a climate of mutual antagonism between jail officials and bondsmen.

II. c. Professional Qualifications of Bail Agents Many jail administrators and staff maintain an image of bail bondsmen as rough thugs, more interested in manipulating the legal system to make money than in pursuing a legitimate business and serving the judicial process. Jail administrators see bondsmen as unprofessional and disrespectful – and not without legitimate cause. This image, however, hides the fact that many bail bondsmen are dedicated professionals running a legitimate business.20 Bondsmen cannot go into business without considerable commitment, since bail bond licenses are difficult to get. The testing and vetting process is extremely thorough. Every bail agent undergoes a background check that includes criminal history, credit report, and financial status. Additionally, some states conduct character evaluations that include psychological assessments and drug tests. In many states or counties, bondsmen pledge their homes and/or place hundreds of thousands of dollars in trust accounts to secure the privilege of executing bail bonds. Few other professional license holders in the United States have to satisfy more rigorous requirements. Furthermore, in most states bail bondsmen are licensed insurance agents who must abide by a very strict set of rules and regulations established by a state’s Bureau of Insurance.

Bond agent licensing requirements are rigorous.

Bail agents who are unsuccessful at their work can lose more than their job. They face grave financial risks that can cause them to lose their home and all of their assets. Bonding is a difficult business to succeed in, and most successful bail bondsmen are capable and talented businessmen. As a result, when given the proper incentives, most bondsmen are willing to hold themselves to a higher standard if that standard is spelled out.

20 16

For much more on the qualifications and regulations governing bail bond agents, see: Johnson, Brian R., and Warchol, Greg L. “Bail agents and bounty hunters: Adversaries or allies of the justice system?” American Journal of Criminal Justice, 27:2, Spring 2003, Article, pp. 145-165.

III. Creating an Effective Solution Throughout this report, the importance of the bail industry has been examined, as well as problems that arise between jails and bail agents. Perhaps the single largest problem facing jails dealing with bondsmen today is that jail administrators have little ability to regulate the bondsmen they work with. While strict rules and laws govern bail bondsmen behavior, in practice, these rules are exceedingly difficult for jails to enforce.21 Remarkably, most jails already possess many of the tools needed to affect better control of bail agents at their facility. By better recognizing and utilizing these tools, along with the creation of a few new ones, jails can expect to greatly increase the professionalism of how bail agents conduct their business. In this section we will identify existing tools that jails already possess as well as introduce some basic changes that jails can make to gain the cooperation and respect of their local bail agents. Change is not always embraced, but if a â&#x20AC;&#x153;carrot and stickâ&#x20AC;? approach is taken, with incentives being offered for compliance and meaningful enforcement procedures established for non-compliance, jails can expect to gain a great deal of voluntary control over bail agents serving their jail.

Most jails already possess many of the tools needed to affect better control of bail agents at their facility.

Inmates themselves are a jailâ&#x20AC;&#x2122;s greatest asset in relation to bail agents, and there are several ways a jail can use access to inmates to gain the cooperation and enthusiasm from bail agents while enacting reforms. In this section, potential incentives for bail agents will be evaluated, including how bail agent information is made available to

Cohen and Reaves, p. 4.

inmates at the jail to the procedures governing how bail agents receive phone calls and visit potential clients. By making access more streamlined and efficient for bail agents, a jail holds a powerful tool for creating positive changes. Also covered is the creation of a Bail Agent Council and Grievance Board, which will increase communication between bail agents and jail officials, and provide a formal governing structure for correcting agents that do not observe the new protocols.

Inmates themselves are a jailâ&#x20AC;&#x2122;s greatest asset in relation to bail agents, and there are several ways a jail can use access to inmates to gain the cooperation of bail agents while enacting reforms.

III. a. Code of Conduct & Compliance for Bail Agents The professional qualifications required of bail agents provide a strong starting point for the relationship between bail agents and jails. All bonding agents have already passed a strict, careful vetting process, which proves that they are capable of operating professionally and in compliance with state regulations. These recommendations for improved cooperation between jails and bail agents are based on ethical standards set by various professional bail agent associations from around the country. Specifically, these standards form the following Code of Conduct for bail agents to follow:

Enforcement of ethical bail agent behavior can lead to improved professional standards.

· Access to defendants in jail is not an absolute right, and if a bail agent wishes for the jail’s cooperation in conducting his affairs, certain expectations of professionalism must be observed · Every bail agent shall comply in full with the laws and regulations governing the transaction of bail in his county, state, and municipality. · Bail agents shall not disclose to any person or agency personal information received from a jail facility regarding any offender or inmate, except if the bail contract is violated, or if required by law. · Bail agents shall conduct their business with fellow bail agents in a professional, respectful, and

ethical manner, exhibiting a high degree of professionalism in all their actions. · Bail agents shall not conspire with other bail agents to regulate rates or restrict trade within the bail profession. Bail agents shall seek no unfair advantage over fellow bail agents. · If a bail agent determines that he or she is unable or unwilling to write a particular bond after being contacted by a defendant or affiliate, he shall promptly inform all involved parties, so the defendant may seek timely release by other means. All jails have a right to expect that all bail agents comply to certain rules if they are to do business with inmates. Rules of compliance for conducting bail bond business at the jail include: 1. Every Bail Agent is to have a complete set of personal contact information and state license on file with the jail. a. This includes a signed copy of the Code of Conduct & Compliance & specific rules for conducting bail bond business at the jail 2. All agents must comply with the Code of Conduct & Compliance 3. Bail Agents shall display proper credentials so that they are visible at all times

All jails have a right to expect that all bail agents comply with certain rules if they are to do business with inmates.

4. Bail agents shall wear proper, professional attire at all times a. Agents should dress like businessmen or tradesmen with approved attire (i.e., monogrammed shirt with “Bail Enforcement insignia or Star”) b. All agents should be fully covered c. Agents should not wear clothing with slogans on them (ex. Ask Me About Bail Bonds!) 20

5. Companies must maintain a local office or live within 50 miles of the jail. 6. Agents must have a 90 minute availability to jail 7. Agents should report illegal or unfair business practices by other bail bond companies or agents. 8. No call relaying (phone conferencing) from/to “free” bail bond phone lines or numbers 9. Bail Agents shall not refuse to write a bail bond solely on the basis that their fee will be too low 10. No unapproved posting of advertisements at the jail or courthouse property (Leaving business cards on tables or posting next to phones.) 11. No distribution of promotional products on jail or courthouse grounds 12. Bail Agents are breaking the law if they: a. Initiate a conversation with someone about bail bond services who isn’t their client. b. Solicit clients within jail or courthouse property c. Pretend to work for a different bail bond agency to steal their business d. Say they have been chosen by the court to do an offender’s bail bond e. Arrange for inmates to solicit business from inside the jail. f. Bail inmates out of jail without the inmate’s knowledge or permission g. Offer gratuities (bribes) to anyone in the justice system h. Recommend certain attorneys 13. Bail Agents should: a. Check-in upon arrival at the jail b. Complete their business and leave immediately thereafter c. Not carry “signage” of any style on jail or courthouse property that would indirectly solicit bail bond services (ex. Stickers on briefcases with company information) 21

14. Bail Agents should advise the jail about the availability of their services if: a. They are only available during certain hours or days of the week b. They are going on vacation or will be absent for an extended period of time c. They are no longer writing bonds d. They are temporarily not authorized to write bonds due to being over their liability limit 15. Bail Agents agree to cooperate and comply with the functions and findings of the Grievance Board.

In order to enforce these rules for conducting bail bond business at the jail, and requiring adherence to a Code of Conduct & Compliance, the creation of a Grievance Board will serve to hear complaints against certain bail agents and provide incentives for corrective actions. For more on this board, see Section III. e. 4., on page 41.

Bail Agents are breaking the law if they say they have been chosen by the court to do an offenderâ&#x20AC;&#x2122;s bail bond.

III. b. Creating Incentives for Voluntary Cooperation from Bail Agents As already stated, the majority of bail agents are already professionals, and as a result, many agents will voluntarily adhere to most reasonable expectations placed upon them. With a little acknowledgment and proper incentives, the industry can largely be expected to police itself. Some incentives that will encourage bail agents to behave in a more professional manner include: 1. Issuing professional bail agent credentials created by the jail (everyone loves a badge) 2. Providing designated parking places for licensed bail agents in jail parking lots 3. Providing an expedited security process, such as skipping to the front of jail security lines 4. Allowing use of cell phones in Courthouse (in common areas and cafeteria) 5. Granting priority access to clients, both on the phone and at the jail, to decrease the amount of time it takes bonding agents to reach their clients 6. Providing basic background information on offenders in order to make bonding agentsâ&#x20AC;&#x2122; jobs easier to do. 7. Inviting agents to participate in the jail sponsored Bail Agent Council & Grievance Board (described on page 41). This will help give bail agents more say in the way they are regulated and to improve communications between agents and jails.

III. c. Recommended Jail Procedures Effective bail agent management can begin with some basic, simple procedures from jail administrators, to improve the flow of information between bail agents and jails. Specifically, jail officials can: · Pass messages from Bail Agents to arrestees in a timely manner · Provide prompt, timely interview access to arrestees · Recognize that many bail agents have other professional commitments and demands on their time · Allow arrestees access to the contact information of their families and friends in their cell phones so that they can provide this information to a bonding agent · Allow arrestees access to their wallets and credit and debit cards, to expedite financial transactions with bonding agents If bail bondsmen are to respond in a timely manner, it is critically important that callers from the jail have the names and phone numbers of family and friends, and credit and debit card numbers for verification, fee payment, and collateral collection. If arrested, an offender’s cell phone and bankcards provide his lifeline to securing release. Therefore, jails should develop a formal protocol for making the information from cell phones and wallets available for arrestees to provide to bail agents.

An offender’s cell phone and bankcards provide his lifeline to securing release. New software allows access to the offender’s contacts for purposes of obtaining bail.

New software enables printing contact lists and other information from cell phones, which can be provided to arrestees, without necessarily giving them access to their phones. Such lists would also be extremely useful to bail agents needing a complete disclosure of an arrestee’s family and friends. Every bail agent requires a comprehensive list of offender’s associates for follow-up if the offender does not appear as required. With these simple steps, bail agents’ jobs will be made faster and easier, and arrestees will be able to make smarter financial decisions about bail agents. Such steps will increase the professional caliber of bonding agents.

Access to an offender’s family and friends not only improves chances of obtaining sufficient funds for bail, it also allows the bond agent to more easily locate the offender if he fails to meet his court obligations.

III. d. Regulated Advertising Opportunities The single most important, and often unrecognized, tool that a jail possesses for gaining the cooperation of bail agents is the way in which bail agent information is made available to inmates. By using this tool as the cornerstone of an Effective Bail Agent Management program, jails can facilitate the ability of bail agents to do their job and gain their support and enthusiasm for many other changes as well. Many jails provide inmates with phone books as a means of contacting bonding agents. These books sell advertisements to the highest bidder, with no regard for whether agents taking out advertisements are obeying proper laws and regulations or not. Other bondsmen take out large billboard advertisements in the community to try and get the word out about their business, which similarly offer little recourse for jail administrators to enforce rules. By relying on commercial advertising to market bondsmen, jails are left with little control over the behavior of bail agents. The core of this report calls for the publication of a Bail Agent Directory & Hotline and a modern, professionally created Inmate Handbook including a full directory of legal services available in a jailâ&#x20AC;&#x2122;s community. These resources will provide the phone numbers and information of bail agents directly to jail inmates and provide jails with an important tool for gaining the support of bail agents for other reforms.

By relying on commercial advertising to market bail bond services, jails are left with little control over the behavior of bail agents.

These resources can also benefit jails by providing much needed sources of additional revenue, and by creating more effective communication tools for dealing with inmates and the community. Currently, jails face two competing pressures when it comes to displaying bail agent information. On the one hand, they are obligated to inform everyone arrested about the bail bond process, including how to contact bail agents serving their facility. On the other

Up to 20% of a bonding company’s revenue is spent on scattershot marketing to the general public with the hope of reaching a few offenders.

hand, most states and counties have strict laws prohibiting solicitation of bail bond business on or around jails and courthouses. Consequently, providing offenders with an informed choice can be difficult, and always seems controversial. Many jails respond by providing as little information about bail agents as possible, forcing the agents to resort to unscrupulous and ineffective marketing tactics to reach potential clients. A bail agent’s single largest business expense is marketing, with costs often exceeding 20% of a bonding company’s total revenue.22 Most of this money is spent blanketing the public at large, with the goal of trying to reach a few criminal offenders – an inefficient use of a bondsman’s valuable resources. Bonding companies go to great lengths to reach their audience; some give away thousands of matchbooks, some put up dozens of billboards on busy roads, and most take out full page ads in phone books.

Dill, Forrest. “Discretion, Exchange, and Social Control: Bail Bondsmen in Criminal Courts.” Law & Society Review. 9:4, Summer 1975, pp. 639-674. Article.

This extensive advertising is necessary for bonding agents because the judicial system does not enable them to target their services directly to the people they are trying to reach - those who have been arrested and are in jail. Bonding agents’ lack of access to offenders creates an aggressive and competitive attitude, which drives many to their most unscrupulous, unprofessional behavior – precisely the behavior that jail officials object most strongly to.23 Many bail bondsmen feel the need to break the “technical interpretation” of solicitation laws in order to reach those who need their services, and jails have to deal with the unruly behavior that is created by this natural frustration. To increase the ease of managing inmate questions regarding bail agent referrals, a Bail Agent Directory & Hotline customized for individual jails can increase the efficiency of the entire bail bonding process. Each agent participating in this program will have credentials and official business names verified. The bail agent hotline number will route the inmate’s call to sequentially rotated bail agent phone numbers to prevent accusations of preferential treatment. Multiple hard copy lists of the bail agents and agencies will be provided for posting throughout the jail with hotline information provided. The names on the hard copy lists will be rotated and reprinted at regular intervals to doubly ensure equity for bail agents. This information will decrease bail agent referral controversies and possibly eliminate tension between jails and bail A Bail Agent Directory & Hotline to a single call center can agents regarding unfair or reduce tension between bail agents and jails regarding preferential treatment. preferential treatment. Directories with targeted bonding advertisements serve the needs of both bonding agents and jails. A jail’s obligation to provide bonding information to offenders does not stop at simply providing a bondsman’s name on a list. Inmates, like all other consumers, need information to make an informed decision about the company

Ibid, p. 648.

or bondsman they choose to do business with. Many jails still provide telephone books, however, these books can add fuel to the competitive fire as they provide little restriction on content or cost. Regulated advertising can release some of the pressure to saturate a whole market and the temptation to violate solicitation rules at the courthouse and jail. Providing inmates with access to contact information for reputable bonding agents in the local community will eliminate the incentive for much of the least professional behavior exhibited by agents. Furthermore, if inmates have access to better information about bonding agents they will be able to make more informed choices and drive business away from the least reputable agents. Jail officials often have legitimate legal concerns about targeted advertising. Yet if it is done correctly, targeted advertising of bail agents does not violate anti-soliciting laws. Judge Nathan Sobel, a New York Supreme Court Justice, stated in People v. Smith, 91 N.Y.S. 2d 490, 494 (1949), that: “There is a general misconception… that solicitation of business by bondsmen is illegal. It is entirely lawful… It is even necessary and desirable that this should be so - under proper regulation. Otherwise the casual offender charged with minor crimes would be confined in jail while the professional criminal with his outside contacts, experiences little difficulty in arranging bail. In this court I have found many defendants ignorant of the fact that bail has been fixed by the magistrate, ignorant of the amount of bail fixed and the method and cost of obtaining release on bail. And it is generally the minor or low bail offender, whose even temporary detention is not justified by the crime charged, who finds himself in that predicament. It is most desirable that this class of offender be solicited and bailed.”24 Indeed, in their understandable desire to obey all laws, many jail officials interpret anti-solicitation laws more stringently than they are in fact intended.25 The purpose

24 25

People v. Smith, 196 Misc. 304 (1949). Lasley, James. “The Effect of Intensive Bail Supervision on Repeat Domestic Violence Offenders.” Policy Studies Journal. 31:2, May 2003, pp. 187-207. Article.

of solicitation laws is not to stop the flow of all information or the ability of a person to make an informed decision; they are designed to stop the large scale disruption of courtrooms, courthouses, and jail facilities, and to protect offenders and their families at a time of extreme vulnerability.

Providing inmates with access to contact information for reputable bonding agents in the local community will eliminate the incentive for much of the least professional behavior exhibited by bail agents.

The word ‘solicitation’ is subject to much interpretation, but for the purposes of most administrative courts it “implies ‘personal petition and importunity’ (wearisome persistence) addressed to a particular individual to do some particular thing. Conversely, regulated advertisements universally directed at all members of a group (offenders and their families) are legally and morally necessary, so long as they are provided with ‘proper regulation.’”26

Bail bond companies have differences between them, as do all businesses. Most of these differences have to do with speed, payment structures, and financial guarantees. Advertisements expressing these differences and others such as “X years in business” and “Hablamos español” are important. An informed choice, however limited, is better than no choice, and regulated advertising promotes choices by highlighting differences. The Margaret Eleanor Duplessis Foundation (MEDF), through the support and development of communication resources for law enforcement, has developed a sponsorship program to support the publication needs of individual jails and detention centers. The foundation has also developed a Bail Agent Management System for jails to support their efforts and respond to concerns and controversies surrounding the regulation and delivery of bail bond information. Bail agent sponsorships in the 26 30

Pomeroy, C.P., and Gear, H.L. “Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 23.” San Francisco: Bancroft-Whitney Company, 1914, Print, p. 798.

publications created by the MED Foundation are not solicitations; rather, they are legally regulated advertisements, fully subject to all laws and regulations governing bail agents in a particular state and county. Cuff Publishing, a company specializing in law enforcement publications, is the administrator of MEDF grants and administers and publishes the Bail Agent Directory & Hotline and Inmate Handbooks. For more on these publications, see the following sections.

With access to better information about bonding agents inmates will be able to make more informed choices and drive business toward more reputable agents.

III. e. Bail Agent Directory & Hotline Number The Bail Agent Directory & Hotline contains contact information for bail agents and companies who are available to assist inmates at a particular jail. This directory serves the needs of inmates by providing them with more information about bonding agents in the community, the needs of jails by organizing and managing the regulated delivery of this information, and the needs of bail agents themselves, by helping them to directly reach inmates and reduce their advertising costs. The Bail Agent Directory is a rare case where everyone benefits. Specifically, the Bail Agent Directory: 1. Is prepared by a neutral third party (Cuff Publishing)

a. Stops controversy about cronyism b. Deflects unwarranted complaints c. Saves time and costs for jails

2. Contains essential contact information about Bail Agents and companies in the community 3. Can be positioned at phone centers around the jail a. Easy to read b. Easy to use

L i n C o L n

C o u n t y

J A i L

Direct connect Bail Hotline Call the free National Bail Registry: (800) 555-5525 Vanessa Domenach DCJS #99-253513 Family Bail Bonds (555) 555-1234

Chris Garrick DCJS #99-253443 A-Allstate Bail Bonds (555) 555-1236 A company you can trust Tammy Bridges DCJS #99-254114

Joey Tropea Brian Cole DCJS #99-184523 DCJS #99-266578 Freedom Bail Bonds Free U Bail Bonds (555) 555-1203 (555) 555-1246 Office 100 yards from jail! Using state bail licensing numbers, the Hotline can reduce Aaron Duncan Brian Coleand aliasing of bail agent listings. duplication DCJS #99-345754 DCJS #99-266578 Free U Bail Bonds (555) 555-1246 James Lloyd DCJS #99-631388

Chanceâ&#x20AC;&#x2122;s Bail Bonds (555) 555-1249 Get out fast! Steve Torres DCJS #99-076450 A1 USA Bail Bonds

4. Will present information in a limited and controlled format a. Requires accurate information about every Bail Agent b. Offers a limited expression of service (allowing offenders to make an informed choice) 5. Directs general calls through a single bail information hotline number a. Delivers general information about the bail process. b. Allows selection of a specific Bail Agent c. Can automatically connect callers to the next available agent in the rotation d. Randomly directs inmates to bail agents in the community, eliminating accusations of favoritism and cronyism

The Bail Agent Directory will eliminate bias and duplication, while offering jail staff a means of enforcing compliance among bail agents.

6. Can be reprinted as often as every 30 days a. Additions or subtractions can be made regularly based upon availability of agents and their professional behavior b. Provides jail officials with an easy means of regulating bail agents and of enforcing adherence to guidelines, at no additional cost or effort to jail 7. Eliminates problems surrounding static in-house bonding lists a. Rotating names eliminate bias b. Listing by agent name and license number and approved or vetted company names eliminates duplication c. Stops agents or companies from having multiple aliases d. Creates flexibility for adding and subtracting agents quickly

III. e. 2. Inmate Handbook Directory “Solicitation of offenders, particularly low level and first-timers, is not only legal but necessary” –Judge Sobel, People v. Smith.27 In the landmark ruling People v. Smith in 1949, Judge Nathan Sobel presented a clear, compelling argument for why communication between offenders and bail agents is so crucial to a functioning justice system. Without such advertisements, inmates lack basic information about how to attain pretrial release from jail. Furthermore, as Judge Sobel pointed out, without advertising from bail agents the inmates most affected will be the ones accused of the least serious crimes, the ones who most deserve an easy release on bail.28 Yet even as Judge Sobel defended the need for advertising from bail agents, he was also careful to point out that such advertising needs strict regulation in order to be fair and effective. This is

Many jails already distribute inmate handbooks at substantial cost to the facility.

27 People v. Smith, 196 Misc. 304 (1949). 28 Ibid.

why the Inmate Handbook presents a perfect opportunity for jails. Most jails already create and distribute copies of their rules and regulations to every inmate booked at a jail. These handbooks contain many pages of rules and present the perfect opportunity for professional designers to enhance their appearance, make them easier to read, and add valuable directory information for local legal service providers, including bail bonding companies and agents. By inviting bail agents to participate in such a resource an enormous competitive and financial burden can be relieved from a bail agentâ&#x20AC;&#x2122;s business, and with it much of the aggressive and unprofessional bonding practices that many problem bondsmen engage in.

With the Inmate Handbook, jail officials will have the right to remove any bail agents who have behaved unprofessionally, an essential veto right which they simply do not have over phone books and billboards.

These two publications, published by Cuff Publishing for distribution to inmates in jails, provide jail administrators with input at all stages of the publication process. Cuff Publishing will not disseminate any publications without first fully consulting jail administrators â&#x20AC;&#x201C; giving officials the right to remove any bail agents who have behaved unprofessionally, an essential veto right which they simply do not have over telephone books. This will empower jail administrators to demand the highest standards of professionalism from all bail agents in the community, and to fully enforce all state and county regulations on agents. Advertising by bail agents in the publications distributed by a jail also serves the needs of arrestees, by allowing them to choose the bail agent or company that best suits their needs. Although inmates in jail have lost many of their freedoms, freedom of choice in selecting a bail agent remains important. Limited and regulated advertising in the jailâ&#x20AC;&#x2122;s Inmate Handbook supports free speech and expression, and contributes to making an informed decision. Regulated advertising provides choice! Allowing inmates the right to choose the best bail agents will create free market competition among bail 35

agents. As arrestees become free not to patronize the least professional bail agents, professional standards in the industry will rise. Bail agents sponsoring advertisements in the Inmate Handbook and will be limited by the following rules: 1.

All content must be deemed suitable for publication a. No misleading names b. No misleading financial statements c. No lewd or suggestive images

2. The size and number of advertisements will be limited, to foster fair competition among agents a. Sponsors will not be permitted to â&#x20AC;&#x153;outspendâ&#x20AC;? their competition and gain an unfair advantage

In addition to advertising bail agents, an Inmate Handbook can insure that offenders are aware of jail rules and procedures.

III. e. 3. Benefits of Bail Agent Sponsorships Allowing bail agents to sponsor limited, regulated advertisements in jail publications provides many tangible benefits for bail agents, for jails, and for arrestees. Some benefits include: 1. Revenue creation for jails. a. Similar to commissary systems, a significant percentage of sponsorship revenues generated by jail publications go directly to the jail. b. In a time of ever-tightening budgets, new revenue sources are important. c. A jail with 800 beds in a medium sized community can generate up to $25,000 annually through their Inmate Handbook. 2. Sponsors will be permitted to express themselves and their businesses. a. This will highlight key features, and note differences among their services, leading to more informed consumer choices among inmates. 3. Advertisements are randomly positioned in publications, ensuring fairness, and publications will be re-published continually throughout the year, rather than fixed for long periods of time. a. This fosters fair and equal competition among bail agents. b. This forces bail agents to maintain a consistent level of service, since they know they will face competition from other agents. 4. Costs to both bail agents and jails will be significantly reduced in other, less direct media forms a. No other medium is as effective as a jailâ&#x20AC;&#x2122;s existing Inmate Handbook for reaching inmates directly. b. Agents will not have to waste money blanketing huge markets to reach a small population. In some heavily saturated urban markets, even small bail agencies can spend tens of thousands of dollars per month on marketing because of how difficult it is to reach their target audience â&#x20AC;&#x201C; costs that could

be reduced hugely by sponsored advertisements, resulting in more money available to bail agents to use serving their clients.29 c. Jails can save printing costs for their handbooks and save time and energy by having a third party manage the bail listings for their jail.

Advertising in your jailâ&#x20AC;&#x2122;s Inmate Handbook could save this bail agent thousands of dollars in the course of a year.

29 38

Ayres, Ian, and Waldfogel, Joel. â&#x20AC;&#x153;A Market Test for Race Discrimination in Bail Setting.â&#x20AC;? Stanford Law Review. 46:5, May 1994, pp. 987-1047. Article. See p. 994-995.

III. e. 4. Bail Agent Council and Grievance Board Many of the most serious disputes between bail agents and jail staff come down to a simple lack of communication between the two sides. Bail agents and jail staff often assume that their interests are in conflict, without actually talking about their needs at all. Thus, a better working relationship between bail agents and jail staff requires increased communication between the two sides â&#x20AC;&#x201C; which in turn requires an organized forum to facilitate such communication. Relationships can be improved by creating a committee comprised of bail agents and a jail liaison, working under guidelines set by the jailâ&#x20AC;&#x2122;s command staff. Rules without enforcement have no meaning, and the Bail Agent Council will be able to enforce rules on bail agent behavior fairly and impartially. Allowing the bail agents a voice in how they are regulated always improves compliance and usually results in a significant voluntarily conscription to those requirements. Bail agents will have many fewer complaints about rules and regulations if they are given a transparent voice in the process of regulating agents, enabling them to see for themselves that rules are being applied fairly and consistently. The Bail Agent Council is an integral part of every successful bail agent maintenance program. A committee with a clear purpose, a well-informed leader and dedicated members will be successful.

III. e. 5. Guidelines for the Bail Agent Council In order to function effectively and efficiently, the Bail Agent Council must: 1. Have a clear purpose. Simply stated, the Bail Agent Council should be empowered to review and make recommendations regarding the jailâ&#x20AC;&#x2122;s Code of Conduct and Compliance, and the Rules for conducting bail business at the jail. Its most important function shall be the formation and active operation of a Grievance Board. 2. Appoint a Jail Liaison. The primary duty of the liaison is to guide the Councilâ&#x20AC;&#x2122;s discussions. He or she should encourage every member to participate in the meetings and keep the discussion focused on the matter at hand. Meetings should start and end as scheduled, and the agenda should be closely followed.

Defined rules of conduct and a means for settling disputes can improve the level of bail agent professionalism.

3. Select dedicated members. Bail Agent Council members should be carefully selected, with an eye towards members who can help the Council fulfill its purpose. Council members will be the people who will help resolve issues for the entire organization. The Jailâ&#x20AC;&#x2122;s Command Staff should select the initial group, with the committee determining the selection process of successive members. A selection process should be adopted that creates a diversity of members, with special emphasis on including representatives from both the jail and the bail bonding industry. Including former arrestees in the Council can also be beneficial, as this will help the Council maintain a focus on how best to serve arrestees in the future. 4. Develop Terms of Reference. Each committee should have a Terms of Reference document (TOR) that, at a minimum, describes the purpose, scope and authority of the committee. Typically the TOR is a written roadmap for the committee and contains clear and specific information on how the committee is organized, what the committee is trying to achieve, who the members are, and when and they meet. Below are typical sections of a Terms of Reference document.30 Each section should be customized to serve the unique needs of the particular committee. Committee Name List the official name of the committee or group. Purpose Describe the purpose of the committee, with a particular emphasis on why the committee was created and what it will be empowered to do. Scope Clearly describe what is in and out of scope for the committee, and exactly what formal enforcement power the committee will have. Authority Describe the decision making authority of the committee, including how it makes decisions, approves motions, and issues recommendations. For example, will the committee require a unanimous vote to restrict certain bail agents from the jail? Membership 30

For much more on developing terms of reference, please see http://mycommittee.com

List and describe the type and number of members, how members are appointed, how the chair and co-chair are appointed. Compile a complete list of all members, with their names, brief biographies, and their functional roles on the committee.

Meeting arrangements List and describe meeting frequency and location, meeting procedures (if applicable), quorum, details about agendas and minutes (how these will be distributed, available online, who prepares them, etc.), and how to maintain communication between meetings. Reporting Describe whom the committee will report to, in what format, and how often. Resources and budget Describe the available resources available to the committee, including staff, meeting rooms, and equipment. Describe the exact budget available to the committee, with itemized proposals for how to allocate the available funding. Results Describe the required and requested committee output. Develop procedures for how to measure the results reached by the committee. For example, since the committee began operating, have the average wait times of arrestees seeking to reach bail agents declined? Have bail agents begun acting more professionally and respectfully? Review Develop a timeframe for how often the Terms of Reference will be reviewed, and schedule a time to review them.

The Terms of Reference is a roadmap containing clear and specific information on the committeeâ&#x20AC;&#x2122;s organization, goals, membership, and meeting times

III e. 6. Bail Grievance Board The Bail Grievance Board shall be established and operated by the Bail Agent Council. The Bail Agent Council will select members for the Bail Grievance Board (usually the board is comprised of the same members as the Council,) and develop a formal list of rules to guide the Board. The purpose of the Bail Grievance Board is to review the actions of bail agents, and issue recommendations on punitive action for bail agents whose actions violate the Code of Conduct or other rules and regulations. The Bail Grievance Board is not designed to supersede the authority of the jail or applicable state laws, but rather to assist the jail with reviewing difficult cases, and to provide bail agents with a say in the process of regulating them. The amount of corrective power a Grievance Board can wield will vary by state based on state statutes. In some states, a local grievance board will have the power to suspend the operations of an individual bondsman at a particular jail. But even in states that limit corrective powers at a local level, a local grievance board as outlined in this report can certainly revoke the special privileges outlined in this report that an individual jail can grant. Even the loss of a locally issued identification badge enabling priority security line access or parking privileges at a jail is usually more than enough for most bail agents to snap to attention and avoid such punishments. When forming the Grievance Board, the jailâ&#x20AC;&#x2122;s attorney should be consulted to research all applicable state rules and regulations.

IV. Conclusion From the first introduction of bail in Anglo-Saxon law in 1275, all the way through the U.S. Bail Reform Act of 1984, bail systems have continuously evolved to better meet the needs of both jails and arrestees. In the United States, bail has become a critical part of our system of justice. The 8th Amendment of the Constitution prohibits the unnecessary deprivation of liberty before a trial and ensures that offenders are given a full opportunity to prepare their defense. A fair and equitable bail system is crucial for fulfilling the goals of this Amendment. However, the importance of bail is often misunderstood, and its stewardship by jails is often under-appreciated. Many jails become frustrated with the bail agents licensed to conduct business at their facility. To address these frustrations, the Margaret Eleanor Duplessis Foundation has developed this report to foster a higher degree of

Bail allows low-level and first-time offenders the opportunity to continue to work and contribute to society while awaiting their court poceedings.

understanding and cooperation between jails and bail agents, and to help serve the interests of both. By implementing the suggestions detailed in this report, both jails and bail agents will function more effectively and equitably, and will reduce costs and save resources. The suggested Code of Conduct & Compliance for bail agents spells out precisely what is expected of licensed bail providers conducting business at a jail. An Effective Bail Agent Management program will provide incentives and rewards to encourage compliance, and will form a formal grievance committee to deal with infractions and violations. These steps will help encourage a higher standard of professionalism among bail agents. For jails to effectively manage bail agents they must understand the motivations of such agents. Although it may appear that the goals of jails and bonding agents are at cross-purposes â&#x20AC;&#x201D; jails lock up offenders, bail agents let them out â&#x20AC;&#x201D; in actuality, both serve crucial functions in the American judicial system. Thus, the two sides must view one another as allies in better serving the goal of justice, and communicate together on how to accomplish this goal.

Both jails and bonding agents serve crucial functions in the American judicial system.

Bail bond agencies in certain large urban spend over $50,000 per month in a scattershot approach to reach their intended market.31 Regulated advertising opportunities in the Inmate Handbooks which jails already distribute to inmates can relieve the pressure to saturate a whole market, thereby relieving the temptation to violate solicitation rules to reach those who need their services. The Margaret Eleanor Duplessis Foundation, in conjunction with Cuff Publishing, has developed a series of informational publications for jails, including a Bail Agent Directory & Hotline and a professionally designed Inmate Handbook. These publications deliver important information to guide arrestees through the legal process, and provide information about bail agents in the community. They also provide jail administrators with more opportunities to share their input over how their 31

Ayres and Waldfogel, pp. 994-995.

The presence of professional bail bonding agents relieves pressure on jail operations and taxpayer expenses, and allows the legal system to run more efficiently.

advertisements should be regulated. These publications serve the interests of everyone involved in the legal process. Through the use of a clear Code of Conduct & Compliance, a Bail Agent Grievance Board, and carefully regulated advertising, jails and detention centers can deliver important information to offenders and their families, reduce unnecessary costs, and improve the process of bail bonding. An Effective Bail Agent Management program improves communication between judicial officers, law enforcement, offenders, and bail bondsmen.

V. Afterword The Margaret Eleanor Duplessis Foundation is continually developing new communication resources for jail facilities. Our motto is â&#x20AC;&#x153;Good information puts you in control.â&#x20AC;? The U.S. is one of only two countries that have bail for profit. Logically, it makes sense for bail bondsmen to support a better system to earn those profits. This Bail Agent Management system provides important communication resources and creates a sponsorship program for your facility that will help relieve the pressure on jail staff, bail bondsmen, and inmates alike.

VI. References and Works Cited Alschuler, Albert W. “The Defense Attorney’s Role in Plea Bargaining.” The Yale Law Journal. 84:6, May 1975, pp. 1179-1314. Article. Ayres, Ian, and Waldfogel, Joel. “A Market Test for Race Discrimination in Bail Setting.” Stanford Law Review. 46:5, May 1994, pp. 987-1047. Article. Bail: An Ancient Practice Reexamined. The Yale Law Journal, Vol. 70, No. 6 (May, 1961), pp. 966-977. Article. Carlson, Peter M., and Judith Simon. Garrett. Prison and Jail Administration: Practice and Theory. Gaithersburg, MD: Aspen, 1999. Print. Cohen, Thomas H., and Reaves, Brian A. “Pretrial Release of Felony Defendants in State Courts.” Bureau of Justice Statistics Special Report. November 2007:. Article. Cripe, Clair A., and Michael G. Pearlman. Legal Aspects of Corrections Management. Gaithersburg, MD: Aspen, 1997. Print. Dill, Forrest. “Discretion, Exchange, and Social Control: Bail Bondsmen in Criminal Courts.” Law & Society Review. 9:4, Summer 1975, pp. 639-674. Article. Editorial. Tighten up bail bond system. Tampa Bay Times. N.p., n.d. Web. 23 Mar. 2013. http://www.tampabay.com/opinion/editorials/editorial-tighten-up-bail-bondsystem/2110483. Website. Goldfarb, Ronald. Ransom: A Critique of the American Bail System. Chicago: 1965. Print. Indiana Law Review. Vol. 32, p. 1413. http://indylaw.indiana.edu/ilr/pdf/ vol32p1413.pdf. Article. Johnson, Brian R., and Warchol, Greg L. “Bail agents and bounty hunters: Adversaries or allies of the justice system?” American Journal of Criminal Justice, 27:2, Spring 2003, Article. 48

Joiner, Holly. “Private Police: Defending the Power of Professional Bail Bondsmen.” Indiana Law Review. Vol 32: 1413, 1999, pp. 1413-1435. Article. Kannensohn, Michael D., and Howard, Dick. “Bail Bond Reform in Kentucky and Oregon.” United States Council of State Governments, 1978, Print. Klofas, John, Stan Stojkovic, and David B. Kalinich. Criminal Justice Organizations: Administration and Management. Pacific Grove, CA: Brooks/ Cole Pub., 1990. Print. Lasley, James. “The Effect of Intensive Bail Supervision on Repeat Domestic Violence Offenders.” Policy Studies Journal. 31:2, May 2003, pp. 187-207. Article. Milovanovich, Zoran. Pre-Trial Protections. Lincoln University Criminal Justice Program, June 2010. Website. Minier, David D., “Bounty Hunters Currently the Target of Much Misplaced Outrage.” Fresno Bee, 28 September, 1997, Article. People v. Smith, 196 Misc. 304 (1949). Pomeroy, C.P., and Gear, H.L. “Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 23.” San Francisco: BancroftWhitney Company, 1914, Print. Rhode, Deborah L. “Moral Character as a Professional Credential.” The Yale Law Journal. 94:3, January 1985, pp. 491-603. Article. “Surety Bail Pretrial Release Success Rate Trumps That of Unsecured Pretrial Release Programs: A Review of Public and Private Pretrial Studies.” Bail Bonds 101, 2009. Website. Teachout, Ed. “Bounty Hunters: OR A Haven For Petty Criminals.” Newschannel 8 Portland. 13 November, 2012. Article.

c/o The Steamboat Local Unit #1A 1900 Bridge Lane Steamboat Springs, CO 80487 Email: publisher@jailhandbooks.com Phone: 202-670-5045 Fax: (202) 318-4428