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Oregon Re-admitting Commercial Bail ?
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Author:  SpanielPI [ Tue 25 Aug 2009 12:38 ]
Post subject:  Oregon Re-admitting Commercial Bail ?
Article by Mike Whitlock

mwhitlock@asc-usi.com

American Surety Company

3905 Vincennes Road

Suite 200

Indianapolis, IN 46268 USA

http://www.asc-usi.com/Mikenewwebpage/0 ... ady%20.pdf

May 12th 2009

"Oregon Appears Ready for Positive Change

Criminal Justice System is ripe for change to improve appearance rate and reduce crime.

The criminal justice system in Oregon, with respect to the rate of appearance in court by those defendants released on a ten percent deposit bond, has awoken to the need for change.Irrespective of the multitude of agencies and groups who feed at the trough of the ten percent deposit money, there are many who work within the system who have become fed up with the failure to appear rate and recidivism rate of those released from jail on unsecured bonds.

Every time a defendant fails to appear for court, it costs that county money. Each scheduled hearing requires the attendance of a judge, court clerk, prosecutor,defense counsel and bailiff, all of whom are being paid to be there. When a defendant fails to appear for court it creates a significant fiscal burden on the county.The commercial bail industry can help with this problem as licensed bail agents maintain an excellent appearance rate for their clients and will retrieve every defendant who fails to appear for court or risk paying the full bond amount.

Last week the commercial bail industry held its third working group meeting in Salem, Oregon on a sunny day where the cherry trees lining the capitol plaza were at their peak. Included in the working group were representatives from various agencies within the Oregon criminal justice community (prosecutor's office, public defender's office, department of insurance,etc.) to address any issues which may impact their department or agency should commercial bail bonds be reinstated in Oregon.



There continues to be support for the return of commercial bail, both in the legislature and within the various agencies. Commercial bail would not replace the ten percent deposit program but instead would be an additional release option for judges. Defendants who would normally languish in jail for lack of having the full ten percent deposit would be eligible for release on a bail bond where a bail agent might agree to payment terms. Additionally, those defendants charged with a Measure 11 crime (crimes carrying a mandatory minimum sentence) might be granted release on a bail bond where, presently, judges are unwilling to grant bail due to the lack of a sufficientguarantee of appearance.

Commercial bail has been superbly represented by Paul Romain of the Romain Group and Jim Gardner. These advocates of commercial bail are well respected at the state capitol. They have done their homework and have done a fine job educating legislators on the merits of commercial bail and the positive impact our industry can have on the appearance rate in Oregon.

There is more work to be done on this effort and with hard work and, a little bit of luck, commercial bail will return to Oregon, offering judges a viable release alternative to ensure defendants are returning to court."

-------------------------------------------------------------------

July 1st 2009


"Here is the "emergency" legislation that authorized the study to reinstate surety bail in Oregon.
It is my understanding that the state committee did recommend that Oregon allow surety bail. So, at some time next year there will be a vote to approve surety bail again in Oregon." Anonymous source.



75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 2174

A-Engrossed

House Bill 2682
Ordered by the House May 6
Including House Amendments dated May 6

Sponsored by COMMITTEE ON JUDICIARY


SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

{ - Permits sureties to offer commercial security
release. - }
{ - Directs Director of Department of Consumer and Business
Services to adopt rules establishing commercial surety licensing
program. - }
{ + Directs joint legislative interim committee on judiciary
to conduct study of feasibility and advisability of instituting
system of commercial surety bail. Directs committee to make
recommendations to next regular or special session of Legislative
Assembly.
Declares emergency, effective July 1, 2009. + }

A BILL FOR AN ACT
Relating to commercial security release; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The joint legislative interim committee on
the judiciary shall conduct a study of the feasibility and
advisability of instituting a system of commercial surety bail in
the state of Oregon. The committee shall:
(a) Examine the cost of the existing system of pretrial release
in Oregon and compare it to the cost of a pretrial release system
that relies on commercial surety bail, based on national
statistics.
(b) Examine the failure-to-appear rate of the current pretrial
release system and compare it to the probable failure-to-appear
rate of a pretrial release system that relies on commercial
surety bail, based on national statistics.
(c) Examine the impact on public safety of the operation of the
current pretrial release system and compare it to the probable
impact on public safety of the operation of a pretrial release
system that relies on commercial surety bail, based on national
statistics.
(d) Examine the probable impact on jail populations of
instituting a pretrial release system that relies on commercial
surety bail, based on national statistics.


(e) Examine the probable impact on the court system of
instituting a pretrial release system that relies on commercial
surety bail, based on national statistics.
(f) Examine the probable impact on forfeiture collections of
instituting a pretrial release system that relies on commercial
surety bail, based on national statistics.
(2) Based on the study, the committee shall make
recommendations to the next regular or special session of the
Legislative Assembly.
(3) The committee shall invite participation in the study by:
(a) The Oregon State Sheriffs' Association.
(b) The Oregon District Attorneys Association.
(c) The Department of Consumer and Business Services.
(d) The Department of Public Safety Standards and Training.
(e) The Judicial Department.
(f) The Department of Justice.
(g) Criminal defense attorneys.
(h) Crime victims' rights organizations.
(i) Representatives of the commercial surety bail industry,
including sureties and retailers. + }
SECTION 2. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on July 1,
2009. + }
----------
Author:  speezack [ Tue 25 Aug 2009 17:39 ]
Post subject:  Re: Oregon Re-admitting Commercial Bail ?
Quote:
Commercial bail would not replace the ten percent deposit program but instead would be an additional release option for judges. Defendants who would normally languish in jail for lack of having the full ten percent deposit would be eligible for release on a bail bond where a bail agent might agree to payment terms. Additionally, those defendants charged with a Measure 11 crime (crimes carrying a mandatory minimum sentence) might be granted release on a bail bond where, presently, judges are unwilling to grant bail due to the lack of a sufficient guarantee of appearance.


Open up a finance company on the side.... same office, just an additional license... you can loan money in addtion to writing the bonds.... So now you can chase the money and the defendant at the same time.

"lack of a sufficient guarantee of appearance"... I thought that was the reason for bonds in the first place, if the defendant was not a flight risk, he would be PR'd...... right?

Well, it is a starting point. Foot in the door, camel has his nose in the tent... see how long it takes the powers that be to get this implemented.... it does however, sound like there are some good people working on our side for a change and it is moving in the right direction.

BTW, have there been any actions in Kentucky lately?
Author:  AWOBB [ Tue 25 Aug 2009 19:28 ]
Post subject:  Re: Oregon Re-admitting Commercial Bail ?
Quote:
BTW, have there been any actions in Kentucky lately?


I wish....... :roll: I will be one of the first there anyways..... 8)
Author:  DMARTZ [ Tue 25 Aug 2009 20:08 ]
Post subject:  Re: Oregon Re-admitting Commercial Bail ?
Steve,
Do you have some people in KY. There is a way to bring them out. ME and Don have went in many times with no problems at all and come right out. It is all legal but time consuming. Shoot me a email with any info you have on a KY FTA and i will see what i can do.

Just for refererance you can not go in a do a snach & grab and you have to do it KY way. So for you newer people do not go in to KY unless you know what you are doing as you will be arrested for Kidnaping among other charges. Know the Laws


Bill, KY is still the same.
Author:  AWOBB [ Tue 25 Aug 2009 20:17 ]
Post subject:  Re: Oregon Re-admitting Commercial Bail ?
DMARTZ wrote:
Steve,
Do you have some people in KY. There is a way to bring them out. ME and Don have went in many times with no problems at all and come right out. It is all legal but time consuming. Shoot me a email with any info you have on a KY FTA and i will see what i can do.

Just for refererance you can not go in a do a snach & grab and you have to do it KY way. So for you newer people do not go in to KY unless you know what you are doing as you will be arrested for Kidnaping among other charges. Know the Laws


Bill, KY is still the same.


No not yet...... :) But you will be the first to know.
Author:  KARMA [ Tue 25 Aug 2009 21:07 ]
Post subject:  Re: Oregon Re-admitting Commercial Bail ?
Yep, KY , can be done legally. Next time ya see Don tell him HEY!
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