NYE COUNTY AGENDA INFORMATION FORM

Transcription

1 NYE COUNTY AGENDA INFORMATION FORM Action II Presentation J Presentation & Action Department: Sheriff s Office Agenda : Category: Regular Agenda Item September 16, 2008 Contact: Richard Marshall Phone: Continued from meeting of: Return to: Richard Marshall Location: Pahrump Phone: Action requested: (Include what, with whom, when, where, why, how much ($) and terms) Discussion, deliberation and possible decision concerning a request to set a date, time and location for a Public Hearing on Nye County Bill No : A Bill proposing to amend Nye County Code Title 9, Public Peace, Morals and Welfare, by adding Chapter 9.26; establishment of Bail Enforcement Agent Registration, Fees, Notification Requirements and other matters properly related thereto. Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) The purpose of this proposal is because of problems that have arisen from bounty hunters coming to Nye County and causing problems. Staff recommends setting a date, time and location for October 21, 2008 at 9:30 a.m. at the Bob Ruud Community Center, Pabrump, Nevada. Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) IXI No financial impact Routing & Approval (Sign & ) 1. Dept , 6. 7 HR.. 8. Legal 9 Finance -V 10. County Manager (/1 121ace on Agenda Board of County Commissioners Action I Approved Disapproved LJ Amended as follows: Clerk of the Board

2 NYE COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Meeting : September 16, 2008 File No: Staff Recommendation: Approval Prepared By: Richard Marshall GENERAL INFORMATION SUMMARY Agenda Item: Discussion, action and approval to establish an ordinance establishing the requirement for Bail Enforcement Agent registration, fees, and notification requirements ; providing for findings and intent, providing for applicability, providing for definitions, providing for registration, providing for notification; providing for collection of fees, providing for penalities, providing for conflict and severability, providing for inclusion in the code of laws and ordinances, and providing for an effective date. Requested Action: Approval RECOMMENDATION/FINDINGS APPLICABLE REGULATIONS RECOMMENDED CONDITIONS OF APPROVAL 1. None

3 BILL NO NYE COUNTY ORDINANCE NO. SUMMARY: A Bill proposing to amend Nye County Code Title 9, Public Peace, Morals and Welfare, by adding Chapter 9.26; establishment of Bail Enforcement Agent Registration, Fees, Notification Requirements and other matters properly related thereto. TITLE: A BILL PROPOSING TO AMEND NYE COUNTY CODE TITLE 9, PUBLIC PEACE, MORALS AND WELFARE, BY ADDING CHAPTER 9.26, THE REQUIREMENT FOR BAIL ENFORCEMENT AGENT REGISTRATION, FEES, AND NOTIFICATION REQUIREMENTS ; PROVIDING FOR FINDINGS AND INTENT, PROVIDING FOR APPLICABILITY, PROVIDING FOR DEFINITIONS, PROVIDING FOR REGISTRATION, PROVIDING FOR NOTIFICATION; PROVIDING FOR COLLECTION OF FEES, PROVIDING FOR PENALITIES, PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, the Board of County Commissioners (Board) is concerned for the welfare and safety of the citizens of Nye County; and WHEREAS, it is the intent of this Ordinance to serve the County s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the entire County by supporting practices that enhance law enforcements ability to know when Bail Enforcement Agents are operating within Nye County; and WHEREAS, the Board wishes to establish a policy requiring the Registration, Fees, and Notification Requirements from individuals designated by Nevada Statutes as acting in the capacity of Bail Enforcement Agents within Nye County. NOW, THEREFORE, the Board of County Commissioners of the County of Nye, State of Nevada, does hereby ordain, promulgate and order compliance with the following regulations: NYE COUNTY CODE TITLE 9 IS HEREBY AMENDED BY ADDING CHAPTER 9.26 THERETO AS FOLLOWS: 9.26 BAIL ENFORCEMENT AGENT REGISTRATION, FEES, NOTIFICATION REQUIREMENTS Findings and Intent. Bill No Bail Enforcement Agent.doc Page 1

4 means A. Protecting the citizens of Nye County from harm is enhanced by recognizing the risks that said Bail Enforcement Agents represent while operating in Nye County, and providing the necessary resources to ensure the proper monitoring, tracking, registering and management of their presence. B. It is the intention of this Ordinance to be regulatory in nature, relating to the purpose of promoting, protecting and improving the health, safety and welfare of all the citizens of Nye County and to protect the citizens of Nye County and other potential victim(s) from potential victimization by Bail Enforcement Agents Applicability. This Ordinance shall apply to incorporated as well as unincorporated areas of Nye County Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. A. Bail enforcement agent means a person who has contracted with or is employed by a surety or bail agent as a special agent to enforce the terms and conditions of a defendant s release from custody on bail in a criminal proceeding, to locate a defendant and to apprehend a defendant or surrender a defendant to custody, or both, if appropriate. NRS The term Bail Enforcement Agent also refers to, but is not limited to: Bail Enforcement Investigator, Fugitive Recovery Agent, Bail Officer, Bail Solicitor, Skip Trace Agent, Bounty Hunter, Field Recovery Agent, Bail Bond Investigator and Bail Recovery Agent. B. Registration means whereby a Bail Enforcement Agent is required to register with the Nye County Sheriffs Office on an annual basis prior to acting in any capacity as a Bail Enforcement Agent in Nye County. This is a recurring event. Registration is due by the fifteenth day of January each calendar year. C. Dwelling means any structure, building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car in which the defendant resides or may be located. D. Designation that no bail enforcement agent shall display a badge, shoulder patch, logo or any other identification which contains the words Law Enforcement, Police, Sheriff and/or similar words or any other combination of names which gives the impression that the bearer is in any way connected with the Federal government, State government, County, City or Township government Collection of Registration Fees, Registration, Notification, Penalties Bill No Bail Enforcement Agent.doc Page 2

5 Before A. Collection of fees. Any individual who is required to register shall pay the listed fees: 1. Registration the sum of two hundred and fifty ($250.00). Said payment shall be paid at the time of registration and shall be paid in exact change / cash or certified funds; no personal checks. Said fees are non-refundable and nontransferable to or from other counties or jurisdictions with similar registration fee structures. All Registration Fees paid shall be recorded, and a copy of the receipt provided thereof. B. Registration. All Bail Enforcement Agents operating in Nye County are required to be registered with the Sheriff. Prior to acting in any capacity of a Bail Enforcement Agent, each Bail Enforcement Agent must provide the following: 1. A certified copy of a criminal background check provided by the bonding company indicating that the bail enforcement agent does not have any felony convictions in this state or convictions of any offenses in another state that the conviction of in the State of Nevada would be a felony. A new certified copy must be provided on the date the bail enforcement agent re- registers with the Nye County Sheriffs Office; 2. A complete set of fingerprints (completed by NCSO personnel); 3. A certified copy of the training record indicating that the bail enforcement agent has met the requirements of NRS Basic course of training required for bail enforcement agents; 4. A certified copy of the bail enforcement agent s license issued by the Division of Insurance, Department of Commerce, State of Nevada, in accordance with NRS Bail enforcement agent: Qualifications; 5. A copy of the bail enforcement agent s driver s license, state I.D. card or passport; 6. A current photograph. C. Notification a bail enforcement agent takes a person into custody related to a particular case, the bail enforcement agent must on the date of the attempted apprehension, have all documents on file as required in sections 5(b)(1-6) of this Ordinance, contact the Nye County Sheriffs office and provide: 1. Prior to apprehension: a. Letters of authorization on appropriate bail bonding company letterhead signed by an authorized bonding company agent, stating the defendant s name, date of birth, records and identification number, and the charges the defendant is wanted for. Bill No Bail Enforcement Agent.doc Page 3

6 b. A list of all bail enforcement agents who are present and assisting in the attempted apprehension of the defendant; (names, date of birth and drivers license numbers or I.D. Card numbers). c. A list and description of all motor vehicles that will be used in the attempt to apprehend the defendant (color, make, model and state of issue of the license plate and the license plate number of each vehicle). d. The addresses of the locations of the dwelling(s) the bail enforcement agents will be attempting to locate the defendant at. e. If known, a list of the vehicles that the defendant owns or is thought to be using, to include; color, make, model and state of issue of the license plate and the license plate number of each vehicle; 2. After apprehension: a. A bail enforcement agent shall immediately or without undue delay notify in person or by telephone the Nye County Sheriff s Office of: 1) the identity of the defendant; 2) the location where the defendant was arrested; 3) the identity of the bail enforcement agent making the arrest; and 4) where the bail enforcement agent is taking the defendant to surrender him into the custody of a law enforcement agency. D. Penalties. A person who violates any part of this ordinance shall be punished by a fine not exceeding $1, or by imprisonment for a term not exceeding six months in the County Jail, or by both such fine and imprisonment Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Nye County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and made a part of the Code of County Ordinances of Nye County, Nevada. The sections of this Ordinance may be renumbered or re-lettered to accomplish such. Bill No Bail Enforcement Agent.doc Page 4

7 Effective. This Ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the day of, 2008 Proposed on the day of, Proposed by Commissioner Adopted on the day of, Vote: Ayes: Commissioners: Nays: Absent: Commissioners: Commissioners: BY: Joni Eastley, Chairman Nye County Board of County Commissioners ATTEST: Sandra Sam Merlino Clerk and Ex-Officio Clerk of the Board Bill No Bail Enforcement Agent.doc Page 5