Instructor: Matt King, Magistrate, Tarrant County Bail & Bonds Audience: Judges (magistrates) Judge King graduated with honors in 1977 from Texas Tech University with a Bachelor of Science degree, and received his Doctor s of Jurisprudence in 1983 from Texas Tech University School of Law. He started his career in the Tarrant County Criminal District Attorney's office and worked in both the civil and criminal divisions. In 1987 he entered private practice and specialized in criminal defense. Judge King is admitted to practice in Federal Court for the Northern District of Texas, and in the 5th Circuit Court of Appeals. Judge King was first appointed as a relief Judge for the City of Keller in 1993, and beginning in 1995 served as the Presiding Municipal Judge. In 2007 he resigned this position after being been appointed a Tarrant County Criminal Magistrate. Currently he handles all aspects of the criminal justice system. His responsibilities include presiding over jury selection, probation revocation hearings, bond forfeitures, bond reductions hearings, motions to suppress, all pre-trial motion hearings, ruling on the admissibility of evidence, accepting plea bargains, and the magistration of inmates. Course Description: This course instructs magistrate judges at the municipal level on DWI bond conditions, ignition interlocks requirements, and bail bonds.
Bail and Bonds TMCEC 32 Hour New Judges Program A. There are more than 60 articles in the Texas Code of Criminal Procedure that govern the subject of bail. The majority of these provisions are contained in Chapter. B. Bail and Bail Bonds are not one and the same. Bail is the (amount needed to) to reasonably ensure that an accused shall appear and answer before the proper court. (Art. 17.01) A bail bond is a undertaking entered into by the defendant that evidences the defendant s obligation to appear and answer a criminal accusation before the proper court. (Art. 17.02) C. There are two kinds of bail bonds 1. (3 rd party) 2. (No 3 rd party surety involved) Other specific bail bond statutes: Art. 17.045 Bail Bond Certificates Art. 17.05 When a Bail Bond is Given Art. 17.06 Corporation as Surety Art. 17.07 Designation of Agent Art. 17.08 - Requisites of Bail Bond Art. 17.085 Notice of Apparent Date (eff. 9/01/07) Art. 17.09 Duration; Original and Subsequent Appearance Art. 17.091 Notice of Certain Bail Reductions Required Art. 17.10 Disqualified Sureties 1
Art. 17.11 How Bail Bond is Taken Art 17.13 - Sufficiency of Sureties Ascertained Art. 17.14 Affidavit not Conclusive Art. 17.141 Eligible Bail Bond Sureties in Certain Counties D. An alternative to a bail bond is a bond (Art. 17.03) which allows the defendant to accused to secure their release without: 1. 2. 3. This kind of bond is also sometimes also referred to as: 1. 2. 17.04 - Requisites of a personal Bond: 1) 2) 3) 4) 5) 6) E. However, there are certain instances where only the (not a magistrate) may grant a personal bond. (Art. 17.03(b)) Also there are special rules governing 1) offenses and 2) defendants (Art. 17.032) F. Unlike other states, Texas law does not authorize the use of Bonds. (Art. 17.12) G. Rules for Fixing Amount of Bail (Art. 17.15) 2
Considering the Constitution and the following rules, bail shall be: 1. high to give reasonable assurance 2. not to be used as an 3. of the offense 4. The to make bail 5. Future safety of a and G. Rules Regarding Surrender Art. 17.17 When Surrender is made During Term Art. 17.18 Surrender in Vacation Art. 17.19 Surety May Obtain a Warrant Art. 17.23 Sureties Severally Bound H. Timely Determination of Probable Cause for Certain Arrests, Art. 17.033: When a person is arrest without a, and a magistrate has NOT determined the existence of probable cause: Misdemeanors within hours of the persons arrest. If not, bail shall be $. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(a)); unless, The arrest is in a county of 3 million or more then: within hours of the persons arrest. If not, bail shall be $. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Effective 9-1-11). Felonies within hours of the persons arrest. If not, bail shall be $. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(b)) 3
Exceptions: 1. Application by. (Art. 17.033 (c)). 2. Delays related to reasons. (Art. 17.033(d)) I. Provisions involving Law Enforcement and the Taking of Bail Art. 17.20 Bail in Misdemeanor Art. 17.21 Bail in Felony Art. 17.22 May take Bail in Felony J. Specific Conditions of Bail Art. 17.40 Victim of Community Safety Art. 17.41 Where Child is Alleged Victim Art. 17.43 Home Curfew and Electronic Monitoring Art. 17.44 Home Confinement, Electronic Monitoring & Drug Testing Art. 17.441 Ignition Interlock Devices Art. 17.45 AIDS and HIV Testing Art. 17.46 Conditions Related to Stalking Art. 17.47 Requiring DNA Specimen Art. 17.49 Conditions Related to Family Violence K. Provisions involving Family Violence Art. 17.291 Further Detention of Certain Persons Art. 17.292 Magistrates Orders of Emergency Protection Art. 17.293 Delivery of Orders of Emergency Protection Art. 17.152- Denial of bail: a) Violation of bond condition in family violence case b) After hearing by Judge or Magistrate c) Intent to commit family violence or stalking Art. 17.153- Denial of bail of child victim younger than 14 years a) Violation of bond condition b) After hearing for victim or community safety c) Sexual offenses: conduct, performance, or trafficking, 4
L. Provisions Relating to Securing Witness Appearance Art. 17.34 Witnesses to Give Bond Art. 17.35 Effect of Witness Bond Art. 17.37 Witness May be Committed M. Other Administrative Provisions Art. 17.24 Rules Applicable Art. 17.25 - Proceedings when bail is Granted Art. 17.26 Time Given to Procure Bail Art. 17.27 When Bail is not Given Art. 17.28 When Ready to Give Bail Art. 17.29 Accused Liberated Art. 17.30 Shall Certify Proceedings Art. 17.31 Duty of Clerks Who Receive Proceedings Art. 17.33 Requests Setting Bail Art. 17.38 Rules Applicable to All Cases of Bail Art. 17.39 Records of Bail N. Chronological Illustrations of Various Bail Bond Applications in the Code of Criminal Procedure Peace Officer taking Bail (Art. 17.20, Art. 17.21, Art. 17.22, CCP) Magistrate Setting Bail prior to Formal Filing of Charging Instrument(Complaint, Information, Indictment) in Trial Court (Chapter 17 CCP) BAIL BOND (CASH) BAIL BOND (SURETY) PERSONAL BOND NO 5
Municipal Judge or JP Setting Bail after Plea of Not Guilty to Secure Appearance at Trial (Art. 45.016, CCP) Municipal Judge or JP Setting Bail for Purpose of Post Judgment Appeal (See, Art. 44.17, Art. 44.18 Art. 45.0425, Art. 45.0426, Art. 45.043, CCP) (for municipal courts of record see Sec 30.00015 Government Code) 6
BAIL and BONDS Presented by: Matthew A. King Tarrant County Criminal Magistrate BAIL and BONDS There are more than 60 articles in the Texas Code of Criminal Procedure that govern the subject of bail. The majority of these provisions are contained in Chapter. Bail and Bail Bonds are not the same 1. Bail is the (amount needed to) to reasonably ensure that an accused shall appear and answer before the proper court. (Art. 17.01) 2. A bail bond is the document entered into by the defendant that that shows the defendant s obligation to appear and answer before the proper court. (Art. 17.02) 1
BAIL and BONDS Art. 17.045 Bail Bond Certificates Art. 17.05 When a Bail Bond is Given Art. 17.06 Corporation as Surety Art. 17.07 Designation of Agent Art. 17.08 - Requisites of Bail Bond Art. 17.085 Notice of Apparent Date (eff. 9/01/07) BAIL and BONDS Art. 17.09 Duration; Original and Subsequent Appearance Art. 17.091 Notice of Certain Bail Reductions Required Art. 17.10 Disqualified Sureties Art. 17.11 How Bail Bond is Taken Bail Bonds There are two kinds of bail bonds 1. 2. (3rd party) 3. 4. (No 3rd party surety involved) 2
Bail Bonds 1. An alternative to a bail bond is a bond (Art. 17.03) which allows the defendant to accused to secure their release without: 2. 3. Personal Bail Bonds Art. 17.03 This kind of bond is also sometimes also referred to as: 1. 2. Requisites of Personal Bond Art. 17.04 1. 2. 3. 4. 5. 6. 3
Personal Bail Bonds However, there are certain instances where only the (not a magistrate) may grant a personal bond. (Art. 17.03(b) Personal Bail Bonds Also there are special rules governing: 1. offenses and 2. defendants (Art. 17.032) Bail Bonds Unlike other states, Texas law does not authorize the use of Bonds. (Art. 17.12) 4
Rules for Bail Amount Art. 17.15 Considering the Constitution and following: 1. high to give reasonable assurance 2. not to be used as an 3. of the offense 4. to make bond 5. Future safety of a and Rules Regarding Surrender Art. 17.17 When Surrender is made During Term Art. 17.18 Surrender in Vacation Art. 17.19 Surety May Obtain a Warrant Art. 17.23 Sureties Severally Bound Timely Determination of Probable Cause for Certain Arrests When a person is arrested without a, a magistrate must determine the existence of probable cause: 5
Timely Determination of Probable Cause for Certain Arrests Misdemeanors within hours of the persons arrest. If not, bail shall be $. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(a)), unless, Timely Determination of Probable Cause for Certain Arrests HB 1173 effective 9-1-11, for counties with population of 3 million or more Misdemeanors within hours of the persons arrest. If not, bail shall be $. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(a)) Timely Determination of Probable Cause for Certain Arrests Felonies within hours of the persons arrest. If not, bail shall be $. If the defendant cannot obtain a surety or deposit money, the person must be released on personal bond. (Art. 17.033(b)) 6
Timely Determination of Probable Cause for Certain Arrests Exceptions: 1. Application by. (Art. 17.033 (c)). 2. Delays related to reasons. (Art. 17.033(d)) Provisions involving Law Enforcement and the Taking of Bail Art. 17.20 Bail in Misdemeanor Art. 17.21 Bail in Felony Art. 17.22 May take Bail in Felony Specific Conditions of Bond Art. 17.40 Victim of Community Safety Art. 17.41 Where Child is Alleged Victim Art. 17.43 Home Curfew and Electronic Monitoring Art. 17.44 Home Confinement, Electronic Monitoring & Drug Testing Art. 17.441 Ignition Interlock Devices Art. 17.45 AIDS and HIV Testing Art. 17.46 Conditions Related to Stalking Art. 17.47 Requiring DNA Specimen Art. 17.49 Conditions of Bond Family Violence 7
Specific Conditions of Bond Concentrate on most common: Art. 17.40 Victim and Community Safety Art. 17.41 Where Child is Alleged Victim Art. 17.441 Ignition Interlock Devices Art. 17.46 Conditions related to Stalking Art. 17.49 Conditions related to Family Violence Code of Crim. Proc. Art. 17.40 (Reasonable Condition) Any reasonable condition that: is rationally related to securing the defendant s presence at trial; and, Provides reasonable protection for the victim and community Related to the safety of: Victim Community Code of Crim. Proc. Art. 17.40 Not necessary to relate directly to securing defendant s presence in court Sufficient if indirectly increases likelihood that defendant will appear Rodriguez v. State (744 SW2d 361 (Tex. App.- Corpus Christi 1988, no pet) 8
1,292 people died in alcohol-related crashes in Texas in 2007 95% of adults who are classified as having alcohol dependence or abuse in the past year started drinking before age 21 3,467 15-20 year olds died in alcohol related crashes in 2005. DWI Bond Conditions MADD Requests Review Of Repeat Offender Fatality Case MADD 3/13/2009 12:00:00 AM Contact: Misty Moyse, MADD National, 469-420-4558 DALLAS July 24, 2009 --MADD has sent the attached letter to the Texas Commission on Judicial Conduct requesting the review of an important case by Judge Jerry Buckner of Parker County. It appears that the law was not followed in requiring an alcohol ignition interlock for an extremely high BAC conviction of an offender who later was the driver in a fatal crash, again with an extremely high BAC. It also appears that this case is not an isolated one, but rather part of a larger pattern of judges not requiring interlocks for high BAC and repeat offenders, as mandated by Texas law. You are reviewing a case for magistration involving a boating while intoxicated. The criminal history indicates a previous conviction for driving while intoxicated. Is there a bond condition order that would or should apply? 1. YES 2. NO 9
You are reviewing a case for magistration involving a DWI offense. You are given information that they have pending a DWI but no convictions. Is there any bond condition order that would or should apply? 1. YES 2. NO You are reviewing a case for magistration person accused of operating the Tilt a- Whirl at the local fair while intoxicated. The criminal history indicates a previous conviction for driving while intoxicated. Is there a bond condition order that would or should apply? 1. YES 2. NO You are reviewing a case for magistration involving a boating accident that resulted in a passenger losing their arm. The investigation indicates the operator of the boat was intoxicated. Is there any bond condition order that would or should apply? 1. YES 2. NO 10
CCP 17.441- Ignition Interlock Shall require when defendant charged with a subsequent offense under the Penal Code for: 49.04 - DWI 49.045 DWI Child Passenger 49.05 Flying 49.06 Boating 49.065- Amusement ride OR an offense under: 49.07- Intoxication assault 49.08 Intoxication Manslaughter CCP 17.441- Ignition Interlock Magistrate shall require on release that a defendant install a deep-lung breath analysis mechanism: On the motor vehicle owed by or most regularly driven by the defendant, and Defendant not operate any vehicle unless device installed Also: CCP 17.441- Ignition Interlock Installed at defendant s expense within 30 days after release on bond Magistrate can designate agency to verify installation and monitor Agency can receive monthly fee not exceeding $10 for monitoring 11
CCP 17.441- Ignition Interlock Installed on boat? Installed on plane? What if defendant doesn t own a car? What about company owed vehicles? What if current case involves drugs only, no alcohol? 17.441(b) When would it be not in the best interest of justice? Definition of vehicle: includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation On average, more than three women in the United States are killed by their husbands or boyfriends every day (Bureau of Justice Statistics Crime Data Brief, February 2003) More than 1,303 Texas women were killed by an intimate partner from 1998-2008 Texas Council on Family Violence 12
CCP 17.41- (Child victim) May order defendant: Not communicate with victim Not go near a school, residence, or other location May allow supervised visitation Overrules any conflicts with other possession orders up to a 90 day limitation CCP 17.46 - Stalking Offenses May require Defendant not: Communicate directly or indirectly with victim Go near residence, school, or business Must describe distances and locations Art. 17.49 CCP GPS as Condition of Bond May order GPS as condition of bond GPS/ Electronic Receptor Device GPS Defendant location information Order Defendant pay costs of providing victim a GPS receptor Victim may opt out after warnings Victim may provide magistrate with list of Off Limits locations Provision made for indigent defendants on sliding scale Magistrate shall provide victim with police contact in case of violation 39 13
HB 1506 GPS as Condition of Bond From this screen you can see a large red shaded area on the right of the screen. This particular offender has the entire city of Arlington as an exclusion zone that he cannot enter. The green arrows show me the direction the offender is traveling. Hold the mouse over a certain point & it shows the date and time the offender was at that location. If the offender was traveling outside of curfew time the arrows and points would be red. Also, can zoom in and also view aerial photos. The program allows to go back and view any date and time that may be in question. 14
Other Administrative Provisions Art. 17.24 Rules Applicable Art. 17.25 - Proceedings when bail is Granted Art. 17.26 Time Given to Procure Bail Art. 17.27 When Bail is not Given Art. 17.28 When Ready to Give Bail Other Administrative Provisions Art. 17.29 Accused Liberated Art. 17.30 Shall Certify Proceedings Art. 17.31 Duty of Clerks Who Receive Proceedings Art. 17.33 Requests Setting Bail Art. 17.38 Rules Applicable to All Cases of Bail Art. 17.39 Records of Bail New Legislation Several new laws that allow EPOs for offenses involving: Sexual assaults Stalking Dating violence HB 976 amends 15.03 and allows electronic broadcast for warrant or summons 15
The great aim of education is not knowledge but action Herbert Spencer (1820-1903) THANK YOU 16
T EXAS DEPARTMENT OF PUBLIC SAFETY STEVEN C. McCRAW DIRECTOR DAVID G. BAKER CHERYL MacBRIDE DEPUTY DIRECTORS Breath Alcohol Laboratory 5805 N LAMAR BLVD PO BOX 4087 MSC 0570 AUSTIN TX 78773 512/424-5200 Email: OSD@txdps.state.tx.us http://www.txdps.state.tx.us/ COMMISSION ALLAN B. POLUNSKY, CHAIR ADA BROWN JOHN STEEN CARIN MARCY BARTH A. CYNTHIA LEON APPROVED IGNITION INTERLOCK DEVICES REVISED December 20, 2012 The following Ignition Interlock Devices are approved for use in the State of Texas in compliance with Rule 19.26 of the Texas Ignition Interlock Device Regulations. Interlock Company Model Approval Date Intoxalock N/A 07/01/94 Draeger 3530920 02/11/97 LifeSafer FC100 08/27/98 Smart Start, Inc. SSI1000 04/07/99 Guardian 3060 03/27/01 Draeger XT 12/27/02 Guardian AMS 2000 08/26/04 Alcohol Detection Systems The Determinator DM 904 04/27/07 Smart Start, Inc. SSI 20/20 04/27/07 ALCOLOCK WR2 03/09/11 B.E.S.T. Labs, Inc. FR 9000 08/01/11 Monitech Ignition Interlock Systems QT-1L 01-16-12 Smart Start, Inc. SSI 20/30 02-22-12 ALCOLOCK LR 02-28-12 Interceptor Interlock Interceptor M1 12-20-12 In testimony whereof, I have, with the approval of the Director, Department of Public Safety signed my name and caused the official seal of the Department of Public Safety of the State of Texas, to be affixed at the City of Austin, this the 20th day of December, 2012. J. Mack Cowan Scientific Director Texas Department of Public Safety COURTESY * SERVICE * PROTECTION
The Power of SCRAMx TM
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What is the Power of X? The Power of X exemplifies many things: A whole new level in alcohol offender management. The first-of-its-kind solution for the criminal justice system. Where the world s most powerful and proven continuous alcohol monitoring (CAM) solution meets the most established technology in the corrections industry. The integration of superior technologies that will address the needs of every court, probation office, sheriff s department, Department of Corrections, treatment program, or jail administrator that is impacted by the pervasive issue of alcohol misuse and crime. I ntensive CAM (icam) that delivers the most comprehensive alcohol offender management solution on the market today. However, the Power of X extends well beyond the confines of the product itself. It is also evidenced in the programs that address alcohol offenders across the various facets of the criminal justice system. And it s the extensive portfolio of value-add services delivered by Alcohol Monitoring Systems (AMS) network of Service Providers who can architect a custom, turnkey solution for you. Combined, the sum of these three integrated parts is what gives you the Power of X the SCRAMx advantage.
The Power of X = Product, Programs, and Services Product: Dual Functionality in One Device Simply put, SCRAMx is SCRAM (Secure Continuous Remote Alcohol Monitor) plus house arrest. It s the next generation of SCRAM that will elevate your alcohol offender management program to a new dimension. You can now monitor offenders 24/7 for drinking, while simultaneously being able to ensure they are confined to their homes during mandated hours of the day. By integrating CAM with house arrest in a single device, SCRAMx heightens the intensity and scope of your supervision efforts. First, you can go broader in having additional options with which to manage your offenders based on their behavior or other conditions. You can also go deeper with how much information you re able to compile on their drinking patterns and whereabouts, which further heightens accountability. And with the dual functionality of SCRAMx, you eliminate the need to place offenders on two separate devices. With SCRAMx, you can turn on CAM by itself or combine it with house arrest as needed depending on the offense, situation, or behavior while on the program. This gives you tremendous flexibility in how you can manage your offenders throughout their time on SCRAMx. Programs: Spanning the Scope of Criminal Justice Alcohol misuse impacts the full spectrum of the criminal justice system, and has been cited as contributing factor in a high percentage of crimes and the resulting widespread problem of jail and prison overcrowding. But because SCRAMx continuously monitors for both alcohol consumption and home confinement, it can be leveraged in a wide variety of program applications that feature one common denominator the alcohol offender. From pre-trial to community re-entry, SCRAMx helps offenders not only abstain from alcohol but also address the root cause of their problem alcohol addiction to change their underlying behavior and get their lives back on track. By offering courts and supervising agencies the built-in SCRAMx Adjustable Contingency Model, SCRAMx provides flexible guidelines with which to manage offenders based on their behavior, point in the criminal justice process, or other program variables.
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INTERLOCK DEVICES APPROVED by TEXAS The list below provides the Breath Alcohol Ignition Interlock Devices (BAIID) and the vendors who sell these car breathalyzer devices that have been approved by the state of Texas. The list of approved vendors is provided for drivers seeking the installation of an ignition interlock device (IID) due to a court order and to obtain a Texas Restricted Interlock License. This order often follows a second DWI conviction or a first DWI conviction with a Commercial Driver License (CDL) as part of probation. For the private use of an IID, such as installing a breathalyzer device for parents to monitor teenage drivers or employers to monitor employees, other vendors may be used. For BAIID installation centers in Texas contact an approved vendor. Below the list of approved interlock companies is a list of the specific models that are approved for use in Texas. This list is subject to change and nothing on this site should be considered legal advice. For more information on BAIID installation contact the Texas Department of Public Safety. For legal advice contact a licensed attorney. Texas Approved BAIID Vendors 1. Advantage Interlock, Inc (800) 993-4990 2. Alcohol Detection Systems, Inc (800) Stop-DWI 3. CST Inc, Austin TX (512) 374-1833 4. CST Inc, Des Moines, IA (877) 777-5020 5. Draeger Safety Diagnostics Inc (800) 332-6858 6. Guardian (972) 353-5692 7. Lifesafer Interlock of Texas (866) 503-4500
8. National Interlock Services of TX (866) 863-4350 9. Smart Start (800) 880-3394 Approved Interlock Devices 1. Alcohol Detection Systems DM-904 2. Draeger 3530920 3. Draeger XT 4. Guardian 3060 5. Guardian AMS2000 6. Intoxilock 7. Lifesafer FC100 8. Smart Start SSI1000 9. Smart Start SSI 20/20
Smart Start Interlock Report by Judge Matthew A. King