8/21/15 PBAI
The Professional Bail Agents of Idaho Inc.
US CONSTITUTIONAL RIGHT
8 AMENDMENT
TH
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Idaho Constitution
Section 6
Right to Bail ~ Cruel and Unusual Punishments Prohibited
All persons shall be bailable by sufficient sureties, except
for capital offenses, where the proof is evident or the
presumption great. Excessive bail shall not be required, nor
excess fines imposed, nor cruel and unusual punishments
inflicted.
Bail agents and the family members or friends who post the bail
have a vested interest in making sure that criminal defendants
show up for trial.
1 8/21/15 “Sufficient Sureties”
Bail Bond, Property Bond, Cash Deposit
Under I.C. §19-2907 I.C.R. 46(f) and M.C.R. 13(c)
The court shall not require that bail be posted only in
cash, nor shall the court specify differing amounts for
bail depending upon whether it is posted in the form
of cash deposit, a property bond, or a bail bond. Can Not have - 500 cash or 1,000 bail bond or 10,000 property
PAGE 3C-4E
WHAT DOES IT COST?
Jail Costs
Idaho County---$138 per day.
Cannon County---$52
Kootenai County --- $50
Teton County---$40-45
Bonneville County ---$64
“conservatively assumed that the
public cost $1,775 per Fail to Appear ”
Center for Crime and Justice Studies, University of Texas
STATEWIDE GUIDELINES FOR THE
UNIFORM ADMINISTRATION OF
BAIL AND BAIL BONDS
IN ALL TRIAL COURTS OF
THE STATE OF IDAHO
Do you know what your county is suppose to do?
2 8/21/15 “SHORTENED” DEFINITIONS PROVIDED BY
IDAHO CODE §19-2905:
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“Bail" a monetary amount required by the court to ensure his appearance in court.
"Bail agent" a producer licensed by the state of Idaho in the line of surety insurance.
"Bail bond" financial guarantee, posted by a bail agent and a surety insurance
company, that the defendant will appear as ordered. Surety Bond
"Exoneration" a court order directing the full or partial release from liability of the
bond.
"Forfeiture" an order of the court reciting that the defendant failed to appear as
ordered and stating that bail is forfeited.
"Readmittance to bail" an order of the court allowing the defendant to post new bail
following an order of revocation.
"Recommitment" the return of the defendant to the custody of the sheriff following
revocation or forfeiture of bail.
"Reinstatement of bail" an order of the court allowing the defendant to be released
on the same bail previously posted.
"Revocation of bail" an order by the court revoking the defendant's release on bail.
Page 2-3
WHO SETS THE BOND
¢  Bond
— 
¢ 
¢ 
— 
Schedule
Misdemeanor Specific
Some judges have there own
Own Recognizance (O.R. release) Cite and release
Judges
¢ 
¢ 
O.R. Release
Set’s Bail after a probable cause finding
¢  Issues warrant with bail amount
¢  Factors I.C.R. 46(c)
Page 4-5
SHERIFF SHALL GIVE WRITTEN NOTICE TO
THE DEFENDANT OF WHEN AND WHERE TO
APPEAR BEFORE THE COURT.
A COPY OF SUCH NOTICE AND RECORDS RELATING TO THE
POSTING OF BAIL SHALL BE FORWARDED TO THE COURT
WHERE THE CHARGE OR CHARGES ARE PENDING. I.C.R.
5(E) M.C.R. 13 (C)
Page 5, 7 A
3 8/21/15 Notice and Order to Appear
Example
To the Defendant: You have been released from Jail pursuant to a Court
order or after posting bail. You are ordered to appear before ______________
at _________ p.m. a.m. Your failure to appear will result in the revocation
of your release and the issuance of a Warrant for your arrest.
___________________
Magistrate Judge
I have received a copy of this Notice and Order to Appear and will appear as
Ordered.
_______________
Defendant
I certify under penalty of perjury pursuant to the law of the State of Idaho,
I.C. 18-5402, that I personally served this Notice and Order to Appear on
the Defendant on _________________, 2015 at _____________ a.m. p.m.
Deputy Sheriff
OUT OF STATE BAIL AMOUNTS AND WARRANTS.
Sheriff or clerk cannot accept bail of
any kind on an out of state warrant.
Judge can set a bond for appearance for the fugitive
proceedings in Idaho I.C. 19-4516
After the fugitive proceeding the bond is processed like any
other bail. (Do not forward bond out of state)
¢  Note: The defendant may have to post another bond in the
state that the warrant was issued if he returns to that state
to face those charges.
CASH BAIL
US Currency, money order, certified check, Cashiers check,
other form of payment such as credit card or personal check
if approved by magistrate I.C.R. 46 (f)
¢ 
Denominations must be reasonable
¢  No pennies or unrolled coin, Large bonds paid with one’s.
Entry information on ISTARS and receipt given.
¢ 
¢ 
Must be in the name of person posting the cash.
Refund must go to the person posting the cash.
If approved in your county can be, cashier’s check, money order,
credit card, debit or personal check. (see guidelines for
procedures)
Page 7
4 8/21/15 CASH BAIL
Recommended to have a sign posted regarding cash bail
being used for court cost.
Cash deposits of more that 10,000 must be reported (26
U.S.C 6050I)
¢ 
Multiple over 10,000 in 12 months must also be reported.
Name, Dob’s, SSN, address’s defendants and posting persons
¢ 
Bail Companies have the same responsibility
¢ 
— 
Recommend IRS form 8300 available to fill out at time of receiving
cash
Page 9 J
RECEIPT EXAMPLE
Receipt for Cash Bail
The undersigned Deputy Clerk/Jailer acknowledges receipt of $ _________________ in cash to be
held on deposit as Bail for _______________________, in order to guarantee his/her appearance as
Ordered by the Court.
Name of Person Posting Cash Bail:
Address of Person Posting Cash Bail:
Defendant Name:
Case Charge:
Case Number:
Bail Amount:
You are advised that at the time of the final disposition of the case the clerk must, under the
direction of the court, apply the money on deposit to fines, fees, costs and restitution imposed in
the case and fines, fees, costs and restitution that have been imposed against the defendant in
any other criminal action. After satisfying the fine, fees, costs and restitution the court will refund
the surplus, if any, to the person who posted the cash deposit. If no fines, fees, costs or restitution
are levied, the entire cash deposit is refunded to the posting party, I.C. §19-2908.
___________________________
Deputy Clerk / Jail Clerk
STACKING BONDS
Posting bail on separate charges within the same case, case
has not been reviewed by a judge, a separate bail bond,
property bond or cash deposit shall be posted on each charge.
The judge who reviews has discretion to set one bail amount
for all the charges in the case or separate bail amounts on
each charge. After the review the judge can state one bond.
Page 4 -f
5 8/21/15 CHECKS AND MONEY ORDERS
Made to the order of the “Clerk of District Court”
If Personal it must be approved by magistrate,
Is the bank licensed in the state of Idaho?
Does it have a branch in Idaho?
Maker of the check a resident of Idaho? In your County?
Two party check?
Name of person signing printed on the check?
Look and feel real?
Deposit within two days
No return for at least 15 days
If the check is dishonored you need a hearing on the insufficient surety.
Page 8
PROPERTY BONDS
¢  Must
be located in the State of Idaho
be recorded and all fees paid
¢  Fair Market – Mortgage = Value
¢  Must
— 
(May need hearing)
¢  May
need Lawyers involved to assist in meeting
requirements
Page 10-11
BAIL BONDS
"Surety insurance company" admitted insurer authorized in the
line of surety pursuant to Title 41, Idaho Code.
Regulated by the department of insurance
Must be issued by a licensed agent I.C. 41-1039
The Indemnitor is the one taking out the Policy
***Submitting a bond without a license. 41-1201 and 41-1202
http://www.doi.idaho.gov/insurance/search.aspx
Page 12
6 8/21/15 BAIL BONDS FACE SHEET
Face sheet -the actual bond must be accompanied by a
power of attorney
¢  Must clearly state the name and address of the
designated person for the surety insurance
company to receive notices.
¢  Address must be typewritten, stamped in typewritten ink
or in pre-printed typed form.
— 
¢ 
¢ 
Do not accept if hand written or attached label.
Correct Address must be on file with the department of
insurance.
http://www.doi.idaho.gov/insurance/
BailBondForfeitureList.aspx
7 8/21/15 The sheriff or any person within the State of Idaho
having legal custody of any person shall have no
authority to accept any bail bonds which do
not comply with this section, and no bail agent
shall attempt to submit a bail bond which does
not comply with this section.
¢  Must
be a licensed agent Listed on DOI website
http://www.doi.idaho.gov/insurance/search.aspx
¢  Bail agent required to have Photo ID
MILITARY SERVICE
Bail Bond not to be enforced
during period of military
service. 50 app. U.S.C. 513(c)
Active Duty 101(d)(1) of title 10 US Code.
National guard active service authorized by the president or
Secretary of defense for more than 30 consecutive days.
Includes Public Heath Service, NOAA and any period where
absent from duty on account of sickness and wounds.
Court has the authority to exonerate the bond.
Surety must show that it was the defendant’s military
service that prevented the surety from obtaining the
defendant’s attendance.
SURRENDER PRIOR TO FORFEITURE
Voluntary or delivery to the sheriff where the action is pending.
Is a legal right of the person posting the bail
Sheriff is required to accept the defendant
Statutory procedure
Properly signed “Certificate of Surrender” No Repository copies
File Motion and order for “Exoneration of Bail Prior to Forfeiture”
Must state to purpose of the revoke
With in 5 business days of the surrender must deliver a copy to
prosecutor and court.
Not exonerated until signed by the court
Page 20-21
8 8/21/15 EFFECTIVE FORFEITURE
Defendant there?
Was the defendant notified?
Defendant receive notification?
Determine that no sufficient excuse is stated.
Judge orders forfeiture and warrant.
Clerk shall enter the FTA in the minutes. Start the clock!
Send notice to designated agent.
Everything mailed within 5 days.
Only one notice required. 19-2915 I.C R. 46
Page 22c
SET ASIDE AND REINSTATING
Can be done with in the 180 forfeiture period.
Judge must quash the warrant.
Clerk must notify the person responsible to receive with
in 5 days.
Examples:
Defendant shows up the next day and has a sufficient
excuse.
The defendants lawyer request a new court date and
has the warrant quashed.
Page 24
MOTION TO SET ASIDE WITH IN 180 DAYS
The court can, in whole or in part or upon conditions as
the court may impose, if it appears that justice does
not require enforcement of a forfeiture.
I.C.R. 46 (h) factors to consider
The willfulness of the defendant's violation of the
obligation to appear;
The participation of the person posting bail in
locating and apprehending the defendant; The costs, inconvenience, and prejudice suffered by
the state as a result of the defendant's violation of
the obligation to appear;
9 8/21/15 EXAMPLES
In Whole
Clerk failed to send forfeiture with in 5 days.
A warrant was not issued.
Defendant was arrested or returned to jail within 180 days
Death of a defendant Page 30
In Part
Defendant hospitalized
Defendant in custody in another jurisdiction
Defendant in military and deployed
Defendant located and transportation is being arraigned.
Note: 180 day period can not be extended. Only a timely
filed motion to set aside in whole or in part will effect the 180
day limit.
Page 25
REMITTANCE OF FORFEITURE
PAYMENT OF BAIL
Unless, set aside, exonerated, or timely filed
motion…
A motion to set aside is denied and over 180 days then
you must pay the courts with in 5 Business days of the
entry.
When paid, funds must go to the general fund.
If not paid by the end of 180 days, the forfeiture then
becomes a judgment; Judgment in effect until paid in
full.
Page 26
FAILURE TO REMIT
Verify proper steps were taken.
Notify Administrative District Judge, Prosecuting
Attorney and Trial Court Administrator.
District Judge may order the sheriff or clerk to stop
taking bonds from company or surety until the
amount is paid. Administrative judges in other
districts can also order sheriff’s and clerk in their
district.
Page 27
10 8/21/15 PROPERTY OR CASH
Cash
Needs to be transfer to the general fund.
Property
The order of forfeiture becomes a judgment and
should be sent to the recorders office to be
recorded. Notify Prosecuting Attorney and Trial
Court Administrator.
EXONERATION
All court appearances have been made.
No order of forfeiture
No warrant issued
Order of forfeiture was not sent with in 5 days.
Order to set aside and reinstate was not sent
within 5 days
Proper surrender filed with the court
Court has revoked defendant’s bail
CONDITIONS FOR EXONERATION
Cash deposit applied toward fines in case or any other
case.
Exception Infractions cases. I.I.R. 7(c)
Transportation costs 19-2922(5) I.C.R. 46(k)
Can not exceed the amount of the bond
Actual and reasonable costs
Documentation
Costs must be submitted with in 14 days
Page 29
11 8/21/15 APPEAL BONDS
¢  If
bail is set for an appeal then the bail bond
must cover an appellate surety bail bond.
¢  Do not accept a appellate surety bail bond if the
defendant was only ordered to pay fines.
¢  District judge may set a bond or the Appellate
court may set the bond.
¢  Misdemeanor cases shall not exceed $1000.00
Page 32-33
SOLICITING BAIL IN COURTHOUSES
¢  Not
appropriate to solicit within any courthouse
or court facility including
— 
— 
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Offices -Courtrooms
Lobbies -Lobbies
Hallways -Corridors
¢  County
ordinance and Administrative orders
should prohibit such practices.
¢  Placement of literature in designated areas is up
to local county commissioners or courts
BAIL ENFORCEMENT
No laws requiring licensing in Idaho AT THIS TIME?
Taking into custody in the courthouse by bail agent
Bail Agents and Bounty Hunters rights
¢  Proper paperwork
¢  Power to arrest Notarized
12 8/21/15 Bail Agents
¢ 
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Department of Insurance
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Consumer affairs
Licensing Requirements
Criminal Investigation Division
Clerks Duty to report
¢ 
Re-bating
Criminal Arrest by Insurance Producer
¢  Faxed Bonds
¢ 
¢ 
Forms Current and what’s to come.
¢ 
“Compared to release
on recognizance,
defendants on
financial release were
more likely to make all
scheduled court
appearances.”
RESEARCH REPORT PRETRIAL RELEASE MECHANISMS
IN DALLAS COUNTY, TEXAS:
DIFFERENCES IN FAILURE TO APPEAR (FTA),
RECIDIVISM/PRETRIAL MISCONDUCT, AND ASSOCIATED
COSTS OF FTA
In short, the findings clearly demonstrate that when comparing
similarly situated defendants against one another (apples-toapples), commercial bonds were much less likely to fail to
appear in court after release for the first time for a new
offense.
13 8/21/15 The Professional Bail Agents of Idaho, Inc.
President K. Rulon Evans 1(208)251-3796
Vice President Kelly Circle 1(208)351-2591
Rebecca K. Evans 1(208)251-3796
510 East Center Street Pocatello, Idaho 83291
14