bail and bonds - texas municipal courts education …. 17.20 – bail in misdemeanor art. 17.21 –...

1

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 memorializes the defendant’s obligation to

appear and answer before the proper court. (Art. 17.02)

C. There are two kinds of “bail bonds”

1. ____________________________________ (3rd

party)

2. ____________________________________ (No 3rd

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

Art. 17.11 – How Bail Bond is Taken

2

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)

3

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 ________________________, a

magistrate must determine 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))

4

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,

5

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

BAIL BOND

(CASH)

BAIL BOND

(SURETY)

PERSONAL

BOND

Peace Officer taking

Bail (Art. 17.20, Art.

17.21, Art. 17.22, CCP)

✔ ✔

NO

Magistrate Setting Bail

prior to Formal Filing

of Charging

Instrument(Complaint,

Information,

Indictment) in Trial

Court (Chapter 17

CCP)

✔ ✔ ✔

6

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)

✔ ✔ ✔

BAIL and BONDSPresented 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 same1. “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)

Bail Bonds

There are two kinds of “bail bonds”

1. ___________________________

2. (3rd party)

3. ___________________________

4. (No 3rd party surety involved)

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. ___________________

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)

Rules for Bail Amount Art. 17.15

Considering the Constitution and these rules, bail shall be:

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 ____________

Timely Determination of Probable Cause, Art.17.033

When a person is arrested without a _________________, a magistrate must

determine the existence of probable cause:

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,


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))


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))


Exceptions:

1. Application by _______________________. (Art. 17.033 (c)).

2. Delays related to ____________________ reasons. (Art. 17.033(d))

Specific Conditions of Bond

Art. 17.40 – Victim of Community Safety


Art. 17.43 – Home Curfew and Electronic Monitoring

Art. 17.44 – Home Confinement, Electronic Monitoring & Drug Testing


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

Specific Conditions of Bond

Concentrate on most common:

Art. 17.40 – Victim and Community Safety



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)

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

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

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 rideOR an offense under: 49.07- Intoxication assault 49.08 – Intoxication Manslaughter


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

CCP 17.441- Ignition InterlockAlso:

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

CAUSE NUMBER 05-010001STATE OF TEXASVS.John DoeDate of Birth12/15/62

BAIL CONDITION ORDEROffense Charged: Driving While Intoxicated

The Court finds that the defendant is eligible for bail in this case in the amount of $ 3,500 that the additional conditions be imposed on said bail. Accordingly, It is ORDERED that in addition to any other conditions of bail imposed on the Defendant, that the Defendant abide by the following conditions of bail:

That the Defendant have installed on the motor vehicle owned by the Defendant or on the vehicle most regularly driven by the Defendant, a device that uses a deep lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and That the Defendant not operate any motor vehicle unless the vehicle is equipped with that device.

IT IS FURTHER ORDERED that the Defendant is required to have the device installed on the appropriate motor vehicle, at the Defendant’s expense before the 30th day after the date the Defendant is released on bond.Tarrant County Pretrial Release Agency is designated as the agency which will verify installation of the device and will monitor it. The Defendant is ordered to report to Tarrant County Pretrial Release Agency, 100 North Lamar, Fort Worth, within 3 business days after being released from jail, between the hours of 6:30 a.m. to 3:00 p.m.. The Defendant shall pay a monitoring fee of $10.00 per month to Tarrant County Pretrial Release Agency.

Signed on 11/18/05.

Stewart MilnerMagistrate, Municipal Court of Arlington

( ) Given in Spanish _____. Arlington, TexasDEFENDANT’S ACKNOWLEDGMENTOn the above-mentioned date, I received a copy of this Bail Condition Order.

__________________________Defendant

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

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

33

Art. 17.49 CCPGPS 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

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.

“The great aim of education is not knowledge but action”

Herbert Spencer(1820-1903)

THANK YOU

An Expanded Vision

As the innovator of continuous alcohol monitoring (CAM) with the introduction of SCRAM® (Secure

Continuous Remote Alcohol Monitor) in 2003, Alcohol Monitoring Systems, Inc. (AMS) set the industry

standard and gave the criminal justice system a new way to manage alcohol offenders by holding them

continuously accountable for their actions.

Now, AMS is using our experience and expertise gained from monitoring hundreds of thousands of

offenders nationwide to create a whole new level in alcohol offender management. Introducing SCRAMx® –

the next generation of SCRAM – that adds house arrest functionality to our proven CAM solution.

The Next Generation

SCRAMx pairs the SCRAM ankle bracelet with a newly-designed base station that incorporates RF

technology to detect an offender’s presence in or absence from the home. With these two technologies

integrated into one device, you can further extend the span and scope of your offender management

programs – monitoring them 24/7 for drinking while simultaneously ensuring they are confined to their

homes during certain hours of the day.

With the dual functionality of CAM and house arrest embedded in a single piece of equipment,

SCRAMx eliminates the need to place offenders on separate devices to enforce both court-ordered

conditions. Having both capabilities also gives you greater leverage to tailor sanctions that better fit

the sentencing needs of your hardcore offenders.

Integrated Benefits

SCRAMx is the most comprehensive alcohol offender management tool on the market today because it: • Increases accountability by detecting both alcohol consumption and an offender’s

presence in the home

• Streamlines operations and reduces workload by eliminating the redundancies

of setting up and managing two separate devices

• Provides adjustable supervision models to manage offenders based

on behavior

• Allows those offenders who are not a threat to the community when

sober to earn jail credit for time served while being continuously monitored

The Power of X

However, SCRAMx is much more than just the product piece of the equation.

The total SCRAMx solution also encompasses a wide range of programs

tailored to various applications within the criminal justice system, as well as

the world-class service portfolio delivered by our national network of Service

Providers. The sum of these three components is what gives you the

“Power of X” – the SCRAMx advantage. Con

tinu

ous

Alc

ohol

Mon

itor

ing

+ H

ouse

Arr

est

SCRAMx – Experience the Power of X

Dual Functionality in One Integrated Solution

24/7 alcohol detection. • Takes readings every half hour• Provides full data vs. a snapshot view • Conclusively distinguishes between ingested and

environmental alcohol

Increased offender accountability.• Makes offenders continuously accountable for their actions• Features industry-leading, anti-tamper technology using

five sensors

Court acceptance and validation.• Single source admissibility – no additional tests required• Viewed by judges as accurate, reliable, and generally accepted• Admissible in evidentiary hearings and court cases nationwide • Fully backed by AMS, which stands behind SCRAM in court

Flexible, exception-based reporting.• Customized testing, synchronization, and reporting schedules • Date-and time-stamped readings assist reporting and analysis• Exception-based reporting streamlines case management priorities• Flags and graphically depicts: - Drinking events - Tamper or removal attempts - Equipment malfunctions

Evidence-based assessment, detection, and deterrence.• Helps gauge offender drinking patterns and evaluate

addiction levels• Provides data to tailor individualized sanctions and treatment

programs

Cost-effective, automated testing. • Offers a low cost per test • Requires no labor after installation or appointments to

administer tests

Better outcomes and long-term results.• Supports a 45% reduction in recidivism when used on repeat

DUI offenders* • Protects the public and promotes safer roads• Provides an effective alternative to jail - Costs significantly less than incarceration• Supports better responses to treatment • Lets offenders maintain family obligations, hold jobs,

and contribute positively to the community

System integration reduces workload by streamlining enrollment and scheduling.• No dual entry and set-ups required - Database automatically consolidates CAM/HA clients• Flexible client enrollment and equipment assignment: - CAM only - CAM + HA• Agency settings default to the client level • System automatically copies daily schedule information: - Repopulates with default schedule until changes are made - Provides editing, copy, and delete features - Lets you view past schedules to review or modify• Historical change views

Expanded daily reporting features confirm presence/absence compliance.• Continually checks for presence in or absence from the home • Online Event Log• Daily Summary Reports delivered to e-mail - Includes scheduling option - Designates delivery time and days• At-a-glance Usage Report statistics • Curfew events included in Non-Compliance Reports• Online Immediate Notify Report• Expanded Immediate Notification features: - Fax, page, phone, and text messages - Delayed and incremental notifications - Agent-level notification • Enhanced Daily Summary delivery options: - Scheduling - Designated delivery time - Designated reporting days• Automatic collection of performance metrics

Multiple alert-notification methods. • Expanded Immediate Notification options: - Text and fax

Expanded supervision features.• Client verification calls - Call center personnel initially verify alerts - Upon verification, forward to the supervising authority• Lets you send messages to base station to communicate

directly with client • Enables customizable dashboard views - Alert-centric or client-centric

Continuous Alcohol Monitoring (CAM)Proven, Industry-leading Technology

House Arrest (HA)Enhanced Functionality for a Comprehensive Solution

*National Center for State Courts (NCSC), January 2009

www.alcoholmonitor ing.com • 800.557.0861

bail and bonds - texas municipal courts education …. 17.20 – bail in misdemeanor art. 17.21 –...

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