Private Security Training Phase 5: Bail Enforcer

Transcription

1 This free sample provided by CIMC Private Security Training Phase 5: Bail Enforcer Private Security Training Phase 5 (Bail Enforcer) is available in a full-color student edition and a teacher wraparound edition. The teacher edition includes a CD of PowerPoint files and quizzes in Word format. Phase 5: Bail Enforcer includes the following units: Interpret the Oklahoma Bail Enforcement and Licensing Act Interpret the Legal Powers and Limitations of Bail Enforcers Understand Responsibilities to Clients Perform Bail Enforcement Duties Other titles in the Private Security Training series include: Basic Training Security Guard Private Investigator Firearms Training (Handgun) Firearms Training (Shotgun) Private Security Training Phase 5: Bail Enforcer 2014 Student Edition: AD3138 Teacher Edition: AD1138 To order, call or visit Copyright 2014 Oklahoma Department of Career and Technology Education

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3 Private Security Training Phase 5: Bail Enforcer Student Edition Developed by the Curriculum and Instructional Materials Center Oklahoma Department of Career and Technology Education AD3138

4 Copyright 2014 ADVISORY COMMITTEE: Jim Carroll David Dunn Alan Grayson Ed Kelsay Carol Knight Billy McKelvey Curt Pletcher Rick Van Auken James Burton, Private Security Steve Emmons, CLEET J.H.B. Wilson, CLEET GRAPHIC DESIGN: Melinda Hawk WRITING: Carol Knight, Randy Kirk PROJECT MANAGERS: Jennifer Cartwright (skill standard and assessment), Craig Maile (curriculum) SPECIAL THANKS: Jeanelle Van Buskirk, Lead Defensive Tactics Instructor, CLEET; Catherine Streater, Paralegal, CLEET; Natalie Johnston, CLEET PRINTING: Oklahoma Department of Career and Technology Education, Printing Plant SUPPORT OKLAHOMA DEPARTMENT OF CAREER AND TECHNOLOGY EDUCATION: Dr. Robert Sommers, State Director Kimberly Sadler, Associate State Director Matt Litterell, Associate State Director Oklahoma Department of Career and Technology Education Curriculum and Instructional Materials Center All rights reserved. Printed in the United States of America the Oklahoma Department of Career and Technology Education Stillwater, OK This publication, or parts thereof, may not be reproduced in any form photographic, electrostatic, mechanical, or any other methods for any use including information storage and retrieval, without written permission from the publisher. Use of commercial products in these instructional materials does not imply endorsement by the Oklahoma Department of Career and Technology Education. Web site addresses were accurate and all content on referenced web sites was appropriate during the development and production of this product. However, web sites sometimes change; the CIMC takes no responsibility for a site s content. The inclusion of a web site does not constitute an endorsement of that site s other pages, products, or owners. You are encouraged to verify all web sites prior to use. The Oklahoma Department of Career and Technology Education does not discriminate on the basis of race, color, national origin, sex/gender, age, disability, or veteran status. This publication could not have been printed without the expertise and commitment of the Printing Plant staff under the supervision of Danny Darrow. Delivery of the final product was accomplished through the excellence of the Curriculum Customer Service staff, under the direction of Lana Knott, and the CIMC Warehouse staff, under the direction of Hank Martin. STUDENT WORKBOOK - Private Security Training Phase 5: Bail Enforcer UPFRONT - CIMC - ii

5 TABLE OF CONTENTS DUTY A: Interpret the Oklahoma Bail Enforcement and Licensing Act 1 Definitions Fines and Punishment Unlawful to Perform Acts as Bail Bondsman Without Valid License Application Process; Sworn Affidavit; Penalty Application Instructions Fingerprints Compliance with Laws and Rules Disciplinary Actions Grounds for Actions Possible Disciplinary Actions Against Licensees Qualification for Bail Enforcer License Disqualifying Convictions Persons Not Eligible Provisions for Psychological Evaluation Application Requirements/Disqualifiers Required Disclosure Renewal of License Licenses Suspended, Revoked, Surrendered or Denied Reinstatement of Revoked License Notification of Legal Proceedings Against Licensee Violations Powers Granted to CLEET Rules Issued by CLEET Weapons Training Authorized Weapons Reporting Discharge of Firearms Office and Records Availability Notification of Change of Name or Address or Telephone Number Insurance Advertising DUTY B: Interpret the Legal Powers and Limitations of Bail Enforcers 49 Understanding Oklahoma Bail Qualifications for Bail Bond License Persons or Classes Prohibited as Bondsmen Training Requirements Continuing Education Private Schools STUDENT WORKBOOK - Private Security Training Phase 5: Bail Enforcer UPFRONT - CIMC - iii

6 Individual Identification Cards or Certificates Identifications and Marking Display of Bail Enforcer Badges Vehicles Fourth Amendment and Activities of Bail Enforcers Rules of Entry Use of Force Children DUTY C: Understand Responsibilities to Clients 66 The Beginning of an Undertaking Prior to Breach Failure to Appear Breach of an Undertaking Arrest Arrest Prior to Breach Failure to Appear Contract for Recovery Case Management Equipment Checklist DUTY D: Perform Bail Enforcement Duties 76 Starting an Investigation Communication Skills Surveillance Know the Target First Aid Search Safety Search the Defendant Property Transport Surrendering a Defendant STUDENT WORKBOOK - Private Security Training Phase 5: Bail Enforcer UPFRONT - CIMC - iv

7 Definitions As used in the Bail Enforcement and Licensing Act: 1. Armed bail enforcer means a bail enforcer having a valid license issued by the Council on Law Enforcement Education and Training authorizing the holder to carry an approved pistol or weapon in the recovery of a defendant pursuant to the Bail Enforcement and Licensing Act. 2. Bail Enforcer means a person who acts, engages in, solicits or offers services to: a. execute a prior-to-beach recovery of a defendant on an undertaking or bail bond contract, or b. execute a recovery of a defendant for failure to appear on an undertaking or bail bond contract issued in Oklahoma, another state or the United States. Exception The term bail enforcer does not include any law enforcement officer actively employed by a law enforcement agency recognized in Oklahoma, or any of its political subdivisions, another state or the United States, while such officer is engaged in the lawful performance of duties authorized by his or her employing law enforcement agency, a bondsman licensed in Oklahoma and acting under the authority of his or her undertaking or bail contract or a licensed bondsman appointed by an insurer in Oklahoma with regard to a defendant on a bond posted by that insurer. 3. Bail recovery contract or client contract means an agreement to perform the services of a bail enforcer for a client. Only a bail enforcer licensed by the Council may enter into a client contract to perform the services of a bail enforcer. A bail enforcer is liable for his or her acts and omissions while executing a recovery of a defendant pursuant to a client contract. 4. Client means a bondsman or surety on an undertaking or bail bond contract issued in Oklahoma, another state or the United States that enters into a contract for the services of a bail enforcer. 5. Council or CLEET means the Council on Law Enforcement Education and Training. 6. Defendant means the principal on an undertaking or bail bond contract. 1

8 Definitions...continued 7. License means authorization issued by the Council pursuant to the Bail Enforcement and Licensing Act permitting the holder to perform functions and services as a bail enforcer. 8. Weapon means a taser, stun gun, baton, night stick or any other device used to subdue a defendant, or any noxious substances. 9. Recovery or Surrender means the presentation of a defendant to the public officer competent to receive the defendant into custody. 10. Noxious Substance means OC spray, pepper spray, mace or any substance used as a physiological irritant. 2

9 Fines and Punishment The Bail Enforcement Act becomes effective on February 1, On and after this date it will be a violation to engage in, solicit or offer services, or represent yourself as a bail enforcer without a license issued by the Council. 1. Violation of this law is a felony and, upon conviction, violators will be subject to a fine not exceeding Ten Thousand Dollars ($10,000), or by imprisonment for a term of not more than three (3) years, or by both. 2. Any person convicted of violating this law while in possession or in control of a firearm or weapon, may be punished by an additional fine not exceeding Five Thousand Dollars ($5,000), or by an additional term of imprisonment for up to three (3) years, or both. This includes those who may have a license to carry a firearm under the authority of the Oklahoma Self-Defense Act. In addition, the authority to carry a firearm may be permanently revoked. 3

10 Unlawful to Perform Acts as Bail Bondsman Without Valid License 1. It shall be unlawful for any person whose license to act as a bail bondsman has been suspended, revoked, surrendered, or refused, to do or perform any of the acts of a bail bondsman. Any person convicted of violating the provisions of this subsection shall be guilty of a felony and shall be punished by a fine in an amount not exceeding Five Thousand Dollars ($5,000.00). 2. It shall be unlawful for any bail bondsman to assist, aid, or conspire with a person whose license as a bail bondsman has been suspended, revoked, surrendered, or refused, to engage in any acts as a bail bondsman. Any person convicted of violating the provisions of this subsection shall be guilty of a felony and shall be punished by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00). 4

11 Application Process; Sworn Affidavit; Penalty The completed application form pursuant to the Act shall constitute a sworn affidavit. 1. Willful, fraudulent application for a license pursuant to the Act shall constitute a felony offense. 2. Applicants are hereby warned that willfully making false statements in making applications for licenses pursuant to the Act, or otherwise committing fraud in connection with such application is a felony offense, punishable by two (2) to five (5) years in prison; a fine of not more than $5, or by both such fine and imprisonment. 5

12 Application Instructions The complete application is available at the CLEET website. APPLICANT QUALIFICATIONS: years of age at time of licensing. 2. Citizen of the United States or alien legally residing in the U.S. 3. Good faith resident of Oklahoma for the last six (6) months immediately preceding the date of application. 4. Be of good moral character. 5. Never have been convicted of a felony, unless the sentence was completed more than fifteen (15) years prior to the date of application. A person convicted of a violent felony may not be licensed as an armed bail enforcer, even if more than fifteen (15) years have passed. 6. Never have been convicted of a crime of moral turpitude, or any offense listed as disqualifying in the Bail Enforcement Licensing Act or in CLEET rules. 7. Not currently have any criminal charges pending, and not be on a deferred sentence, or on probation. 8. Have no final victim protection orders issued in any state as a defendant. 9. Have a high school diploma, or GED, or equivalent recognized by state law. The license for which you are applying can be issued ONLY when the following are completed: 1. Receipt of all the necessary forms. 2. Receipt of fingerprint clearances. 3. No disqualifications are found. 4. Training is complete and documented. 5. Payment in full is received. 6. All requirements of statutes and rules have been met. 6

13 Application Instructions...continued Incomplete applications will not be processed. If your application is not complete, CLEET will process the payment (as required by state law) and send you a letter, at the mailing address shown in your application, and tell you how the application is incomplete. CLEET will not take any further action until the completed application is received. Source: Council on Law Enforcement Education and Training, Bail Enforcer Application, Revised May 1,

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15 Fingerprints 1. One fingerprint fee is required of each applicant. The Applicant is responsible for paying any fees required. 2. Fingerprint cards or electronically captured fingerprints submitted by an applicant which have been rejected by the Oklahoma State Bureau of Investigation (OSBI) or Federal Bureau of Investigation (FBI), have failed to meet the statutory requirement for providing classifiable fingerprints to enable the search of criminal indices for evidence of prior criminal record. NOTE: Upon notice to CLEET from the OSBI or FBI that fingerprints have been rejected, CLEET will send a written notice to the applicant requesting resubmission of fingerprints. 3. Failure to resubmit fingerprints within thirty (30) days of the request for re-submittal shall preclude any further processing of the application and may result in denial, suspension or revocation of any license held by the applicant. 4. Upon the third rejection of fingerprints by the OSBI or FBI or the expiration of one-hundred-eighty (180) days, whichever occurs first, from the original date of issuance of any license, such license shall be suspended or revoked until such time that classifiable fingerprints have been submitted and criminal history reports have been received from OSBI and FBI. 9

16 Compliance with Laws and Rules All Licensees and approved schools shall be knowledgeable of and conduct operations in accordance with all federal, state, and local laws, and rules and regulations of CLEET. The commission of any criminal offense, proven by clear and convincing evidence, may be grounds for an action against any person falling within the jurisdiction and purview of 59 O.S., Section et seq, if such offense reflects negatively on the Licensee's or school's moral character. Any statute of the United States or of the State of Oklahoma now in existence, or duly enacted in the future, shall supersede any conflicting provision of this chapter to the extent of such conflict, but shall not affect the remaining provisions herein. Any violation of this Chapter and applicable Laws of the State of Oklahoma may result in a written reprimand or the denial, suspension, or revocation of a license, or disciplinary penalty or fine. Interested parties may obtain information or submit comments related to this Chapter by writing to CLEET. 10

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