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| June 9, 2017 |
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PBUS
We must band together as an industry to fix our problems!
Dear members and Colleagues,
As any good psychiatrist will tell you, before you can fix a problem you have got to recognize that there is one. Once you identify the problem then honesty is the next step. You must be honest with how the problem developed and honest about how it will be resolved. Our industry has got to recognize that we have a serious problem and one, which will lead to our demise if not addressed. For too long we have been divided and we have built walls around our separate "kingdoms" as if what happens to one does not affect us all. I have seen this mindset more over the past few months than ever before and I have seen it bring our industry to a prone position begging for mercy from a much more powerful enemy. Let us recognize our shortcomings, honestly evaluate how we got to this position and resolve to fix it.
Last week I reported that the Texas legislature adjourned without passing SB 1338. It was a tense two weeks where it appeared that the bail industry was being played along the entire time. I got word that the bill was being held up by the house committee and that it would not get a hearing. I frequently have a tendency not to trust politicians and many members of the Texas association were asking us to engage to help apply pressure to the members of the committee. During this time, however, the president of the PBT, Glen Meeker, sent a letter asking my husband and me not to engage in the state and that they had everything "under control." Many of you saw my response to the extremely inappropriate and disrespectful request. I chose to help the members requesting help and offered my advice on how to engage certain members and the voters. Unfortunately, at the end of the day the PBT and Mr. Meeker was successful in shutting out just about anyone that was not a part of their group. What ensued next, could be looked at as a perfect script for House of Cards or some other political show. Without any notice, no posted agenda and apparently with no warning, the house committee heard the bill and passed it despite assurances that it would not be heard.
The bill was then sent to the calendar committee where, thankfully, it was not heard and therefore died on vine as the legislature concluded. The opposition then tried several times to get the language substituted in other bills and they still have an opportunity to bring the bill up in a special session. It is also very important to note that Texas did not get out of this battle unscathed. While all of this was occurring with SB 1338, three other bills, SB 1913, HB 3165, and SB 1849 (also known as the Sandra Bland Act) were passed. Under SB 1913, the Texas bail industry has lost all class C misdemeanors, which include things like assault, criminal trespass, theft and even bail jumping. That's right, if you are charged with bail jumping in the State of Texas you will be released from jail for free. HB 3165 requires a county holding a defendant from another county who has not been picked up within 10 days to be released for free. Finally, SB 1849 (Sandra Bland Act) was passed with no opposition and will require courts to give a PR bond to all crimes related to "substance abuse." Not only is this terrible for the bail industry but also for public safety. We can expect drug trafficking, abuse and theft crimes to go through the roof now in Texas. The people in Texas were sold a bill of goods with this law because they passed it under the guise of "mental health" and the opponents of bail moved one very large step forward in eliminating bail. The celebratory mood in Texas should be short-lived and this is the opportunity for the industry down there to realize its problem, be honest with themselves about how it happened and resolve to work with all of us to fix it.
Without a grassroots effort involving the voters, politicians will do whatever they feel is the most politically expedient. The industry placed its faith in politicians and they got burned. As we take on these fights across the country, we have got to go to the voters and get them to engage with their representatives. We obviously need to work through the political realm but we cannot rely on politicians in this fight.
In addition to this terrible news out of Texas, just this week the United States Supreme Court denied an injunction, which would have stopped the release of all misdemeanor defendants in Harris County during the appeals process in the litigation to force Texas to give PR bonds to ALL misdemeanors. It is important to note that once again PBT President Glen Meeker said that they had this litigation "under control" in his letter to my husband and me. Far from it though, the Federal Court has ordered the release of ALL misdemeanor defendants in Harris County, the most populated county in Texas and now the Supreme Court will allow it to occur. Not only did the injunction get denied, it was denied by Justice Thomas within hours of the request being made. This ruling has set a terrible precedence for the rest of the country as we fight these kinds of judicial actions. Now we will all suffer because of the irresponsible and exclusionary tactics by the PBT and its President Glenn Meeker. Texas does not stand alone in these defeats, they will resonate throughout the country and embolden the EJUL, NAACP and other "soft on crime" advocates to target states and eliminate bail through any means necessary. We will all feel the effects of the mishandling by Texas.
As an example our opponents' tenacity, just this week they attempted to bring a last minute bill before the Delaware General Assembly. I got notice on Saturday June 3 that there was a pretrial bill being presented in the House Judiciary Committee the following Wednesday June 7. This left us very little time to organize, but thankfully through these other efforts, we have learned quick and effective responses. Starting Monday morning, Assembly members were being contacted by the industry and we were even able to get voters engaged against the bill. Within about 30 hours we saw a tremendous shift from what was supposed to be an easy passage to a deadlock. Wednesday morning we dispatched over 50,000 advocacy calls to voters represented by members on the committee, which generated hundreds of calls from voters into those member's offices. We were also able to get Mrs. June Rodgers, whose son was tragically killed by a released defendant in New Jersey, to go to Delaware to testify against the bill. In the light of her greatest tragedy she has become a great beacon for common sense and public safety. The bill was tabled but still remains a live round and most likely will come back for a vote in next following weeks.
We implemented the same strategy in California pushing out nearly 500,000 advocacy calls, which generated hundreds of voters calling their representatives. This has been a long and very well coordinated fight in California and the bill failed a vote on the Assembly floor. The author even halted the vote and caucused the bill to try to get some to flip. This is a big win for the industry, and although there is still a Senate bill to deal with in California, this is certainly a battle plan that we will build upon.
I hope the realization is very clear to everyone in the industry. This fight is not going away and probably won't in our lifetimes. There is no one good answer and strategy in fighting this. Everyone must be at the table and all options must be considered. Let us come together to truly find the problems, be honest about how to fix it and resolve to band together as an industry and show that we do care about the safety of law-abiding citizens. We have been an effective partner in the criminal justice system for over 200 years and I hope to continue for another 200.
May God continue to bless this great Country and your good work.
PBUS
Early-bird deadline for mid-year meeting not far away!
The 2017 Mid-Year meeting is fast approaching, as is the deadline for early-bird registration, which ends on Friday, June 30, 2017 at 5:00 pm EST.
Save time and money by registering early and avoid long delays for onsite registration at the mid-year meeting. Registration is fast and easy but if you need assistance, just call PBUS at 800-883-7287 and we will be glad to register you.
The room block is also filling up so if you haven't made your room reservation at the Renaissance Orlando at SeaWorld, do so soon! Our exhibit hall is also filling up with new and returning exhibitors. Get your exhibitor punch card stamped for a chance to win a $150 gift card!
All details on the mid-year meeting can be found on the PBUS conference page.
PBUS Bail Enforcement Certification Program©
The PBUS Bail Enforcement Certification Program© has been developed and is the only national certification program available. The first two courses will be offered at the mid-year meeting on Tuesday, July 18, 2017. Course three and four will be offered at the winter conference in February 2018. To attend the courses, participants must have paid the $50 per person course fee. Attendance verification and a signed waiver of liability will also be required to obtain the course curriculum. The courses are general in nature pertaining to fugitive recovery and are not specific to any particular state.
The first course will provide a basic overview of surety bail and will include a brief history of surety, licensing and how surety bail works, and will be facilitated by Duane "Dog" Chapman.
Many consider Duane one of the greatest bounty hunters in the world and he could easily be dubbed the king of comebacks. Credited with more than 8,000 captures throughout the course of his illustrious 40-year bounty hunting career and a criminal justice expert known for his work on and off the streets, Duane continues to prove that people really do change.
The second course will discuss how and why fugitive recovery is required and will be facilitated by David Robinson. The attendee will learn about the file, how to review the information gathered, how to gather additional information and how to verify the information obtained. Attendees will learn how to develop relationships and speak to those closest to the fugitive to develop new leads.
Mr. Robinson has been an instructor for over two decades in various areas of expertise. He is a licensed bail and bail enforcement agent. His expertise in locating and tracking people has earned him placement on a team of one of the most prestigious bail enforcement groups in existence. Mr. Robinson has traveled nationwide with Duane and Beth Chapman tracking fugitives and returning them to justice. Mr. Robinson's expertise lands squarely on locating individuals that don't want to be found.
After all four courses have been completed PBUS will award attendees with a certificate of completion and designation as a Certified Fugitive Recovery Agent (CFRA). All CFRAs must maintain annual membership with PBUS to remain compliant.
While this certification may not satisfy any or all states' legal requirements, it will be unique in that the certification will be sanctioned and offered by the national association that represents bail agents and parallel activities.
It is the attendee’s responsibility to abide by all laws surrounding your actions in the state in which fugitive recovery services will be provided. It cannot be stressed enough that each attendee must research the laws within the state(s) you plan to work in and to abide by and adhere to those laws, procedures and practices within that state. If licensing is required in a specific state, it usually requires minimum qualifications. Such qualifications include a minimum age, training and other requirements.
Once it has been determined that you qualify for licensing, there may be a requirement of training.
Some states have no requirements for licensing. Attendees should not assume that there is no liability with lack of licensing, as there is a probability that there are laws on the books regarding fugitive recovery. It is the attendee's responsibility to know what those laws are and work within those parameters.
Many thanks to Rainy Robinson for her expertise in writing the curriculum for these courses. She is a valuable member of PBUS and proudly serves on the PBUS Board of Director's as well.
Any full conference registrant or Tuesday one-day pass holder can purchase each course with your conference registration so register today!
Columbine Courier (Subscription required)
Many of Jeffco's top law enforcement officials think the Colorado county's bail project and the 2011 implementation of unsecured bonds in the 1st Judicial District is a bust, and they're not hiding their feelings from colleagues located throughout the country.
READ MORE
Houston Chronicle
Harris County, Texas, took the fight over its controversial bail system to the U.S. Supreme Court, even as county officials scrambled to plan the imminent release of dozens of misdemeanor defendants held behind bars who cannot afford to post cash bail.
A federal appeals court ruling earlier had greenlighted the release of hundreds of poor inmates held in the Harris County Jail on misdemeanor charges ahead of their trials, and Sheriff Ed Gonzalez prepared for the release of as many as 177 people.
READ MORE
Fox News
Bounty hunters are romantic figures in America's popular culture — practically an American archetype — portrayed by Hollywood stars like Jimmy Stewart, John Wayne and Clint Eastwood.
But a recent incident in Greenville, Texas — in which two bounty hunters and a fugitive were killed in a shootout — shows the job isn't as glamorous as it looks in the movies.
While bounty hunters may appear to be the last true individualists — people who make their own rules — there are plenty of regulations they have to follow.
READ MORE
New York Magazine
According to author Christopher Pomorski: On a rainy afternoon in April, I went to see a 71-year-old New Jersey bail bondsman named Ron Olszowy, who keeps a suburban office about 15 miles west of Manhattan, in an unassuming brick building that also houses legal and accounting practices. A former president of the Professional Bail Agents of the United States, the industry's premier trade association, Olszowy has been in business for more than 40 years and considers his work no less honorable than his neighbors'.
READ MORE
Baltimore Sun via Sacramento Bee
Suzanna Fowler has many challenges in her life.
At 32, the mother of three is addicted to drugs, and pregnant again.
She's on probation for possessing drug paraphernalia. And she's facing trial on drug distribution charges.
But at least she's not in jail.
Fowler is one of roughly 45 defendants now receiving services and supervision through St. Mary's County, Maryland's pretrial supervision program, which is winning accolades for its results in getting criminal defendants to show up for trial and avoid new offenses without relying on bail or incarceration.
READ MORE
USA TODAY
The lawyer who was representing a Rochester City Court judge arrested earlier is back on the job — just in time for a bail hearing where she was again denied her freedom.
Lawyer Ed Fiandach said that he had been fired via text message from the sister of his client, Judge Leticia Astacio. But later that day when he went to visit Astacio in Monroe County Jail, where she is being held without bail, he learned that the dismissal came from the sister alone.
READ MORE
WTNH-TV
Governor Dannel P. Malloy released a statement regarding a bipartisan vote in the State Senate giving final approval to legislation. The legislation is House Bill 7044, an Act Concerning Pretrial Justice Reform. It was adopted by the House of Representatives last week. In the coming days the bill will be transmitted to the Governor's desk for his signature.
READ MORE
Southern Poverty Law Center
In 2015, Sandra Bland, a 28-year-old woman arrested during a routine traffic stop in Texas, allegedly committed suicide after being in jail for three days because she could not afford to pay a bondsman's fee of $500 on her $5,000 bail. In New York City, a judge sent 16-year-old Kalief Browder to jail on Rikers Island in 2010 after he could not afford the $3,000 bond imposed for stealing a backpack. Browder's chance to make bail was eventually revoked, and he spent three years imprisoned, two of those in solitary confinement.
READ MORE
VICE via The Marshall Project
By Chris Baylock as told to Alysia Santo: I always figured I would go into the bail business. Growing up, I didn't know my biological father. My mom started dating Tommy, a bondsman in Fairfax, Virginia, right outside the beltway, when I was in my early teens. He took me under his wing, and I learned a lot about becoming a man thanks to him.
He and my mom started Kear Bonding, and they had a townhouse a block away from the jail. In my late teens, the phone would ring all night long, 2 in the morning, 4 in the morning. It was ingrained in me to pick it up and say, "Bail bonds, can I help you?"
READ MORE
The Associated Press via KOB-TV
New Mexico's judiciary is taking final steps toward overhauling its bail and pretrial detention system by adopting detailed rules for determining whether defendants remain in jail as they awaiting judgment.
The New Mexico Supreme Court issued comprehensive procedures for district, metropolitan, magistrate, municipal and appellate courts to determine if and when defendants can be released.
READ MORE
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