Robert D. Muse
Constitutional Sheriff Candidate
Idaho Criminal & Civil Justice.Net
Vote No Bill S1119
Vote No to REMOVE CREDIT BAIL

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Senate Judiciary and Rules 
M, W, F, 1:30 pm, Room WW54 
Secretary: Leigh Hinds 
332-1317 
Chair Denton Darrington  
Vice Chair Steve Vick  
Bart M. Davis  
Patti Anne Lodge  
Shirley McKague  
Dean M. Mortimer  
Sheryl L. Nuxoll  
Les Bock  
Nicole LeFavour                      
                                                                                                          House Judiciary, Rules, and Administration 
Courts, prisons, attorneys, juvenile justice 
Odd Days, pm, Room EW42 
Secretary: Jean Vance 
332-1127 
Chair Richard Wills  
Vice Chair Lynn M. Luker  
Leon E. Smith  
Pete Nielsen  
Mack G. Shirley  
Phil Hart  
Darrell Bolz  
Julie Ellsworth  
Linden B. Bateman  
Shannon McMillan  
Christy Perry  
Kathleen Sims  
Grant Burgoyne  
Wendy Jaquet  
William M. Killen 
 

Dear Senate and House Judiciary and Rules,

I have serious concerns about the new Bill No. 1119. I write this letter as a Resident, Citizen, Father, Husband, owner of different multiple businesses, Military Veteran, Peace Officer, Psycho Social Rehabilitation Specialist, Self Lobbyist,  Bail Agent, Fugitive Recovery Agent, with a Graduate Degree in Criminal Justice. For more information please go to Idahocriminaljustice.net. 
 

Demonstrate how this new Bill No. 1119 is going to maximize individual freedom and preserve constitutional law?

Will this new Bill No. 1119 address this idea of “the poor languishing in jail?” What is a promissory note in bail premium financing and how is it used to create commerce when banks are not lending money for credit during this recession?

We must remember the citizen has not been convicted of any crime when seeking bail.

 Why is Finance Important to an Independent Bail Agent?

With unemployment high and credit unavailable how can we even consider such legislation? The result is overcrowding of the jails and denial of basic 8th Amendment rights to citizens. The loss of yearly reported personal and corporate income tax probably over $ 100,000 per year because of this legislation. So there are hidden and yet obvious cost to the state. The state probably has $75,000,000 or more in bail bonds issued each year. Probably 1/3 of premium gross profit is financed by bail agents or $2 to 3 million each year. Their will be loss of personal individual income to bail agents who invest in the local economy from the loss of profits generated by the new bail bond new bill 1119.

This answer has two parts.  The firstis why Finance is important for the economy overall.  The second is why Finance is important personally. From a macro perspective, Finance is merely the practical application of economics.  The Financial System is the means by which an economy allocates money to its highest valued use.  In English, it is how people, businesses, and governments raise the cash needed to do business. People do not give money without the expectation of getting something in return. (However, if you are the sort of person who merely likes to give money away, please contact me!)  If money is given, something is expected back in return – appearance in court. In the bail industry there is competition for more money; firms will strive to find better investments.  This leads to economic growth, more jobs, and hopefully a higher standard of living. The mindset: If these steps sound too much like you're loaning to a stranger for a business rather than "helping out" your adult child, sibling or other family member, guess what? That's the idea. The goal is: To keep the relationship intact, provide a personal loan and be repaid. The money mantra: It's my money to loan, I take it personally. This is my client, friend or family member. Let's do it right with the rules of engagement and repayment in place. Conclusion: Minding over my money matters. When done properly, loans between family and friends can benefit both the lender (getting a competitive return on his or her money) and the borrower (getting a good, friendly interest rate). That way both the Cosigner borrower who has not been arrested for any crime and bail agent lender can profit.

This is not the government’s money to loan but a private citizen earned legally income.

So why would the legislature want to take my ability to create economic growth, more jobs, and hopefully a higher standard of living for my family and community? 

I personally posted over $ 2,500,000 million dollars worth of bonds and provided financing. I had 5 forfeitures that totaled less than $ 7000 all together. I recently helped a Christian family with an 18 year old son that had $ 750 to put down on a $ 1500 premium for a $ 15000 bond. If I can not help those in need who will? They have hired a private attorney with their personal money. They have spent several thousands of dollars to prepare for the criminal justice process. I practice what is called restorative balanced justice. Not every case is the same and this new bill 1119 puts every one in the same box.  This is another case of social justice liberalism that shrinks our free markets because of a few bad apples that are in every industry. This bill targets the few at the cost of many.

Obviously finance is important if we run our own firm.  Here we need to efficiently manage our resources and know what risks are worth taking.  Further we need to know how to invest and how to raise money. 

Promissory Note - No-interest Bail Financing

For some families, even 10% of the bail amount presents a financial challenge.  Some clients either don't have a credit card or a large enough credit line to pay the bail bond fee.  Some bail companies offer payment plan options to clients, and a few charge interest on bail payments.  Look for an agent who offers interest-free bail financing, and make sure you know exactly what you're agreeing to before you sign.

You don't have to have a perfect credit to qualify for a payment plan. Generally, you need to have credit and use it responsibly. Several factors come into play for determining a payment plan: length of residency, employment and arrest history, ability to make payments and other factors. 

Ironically, Finance is important because we do not want to have to worry about money.  Marriages are ruined, friendships crushed, and health destroyed over money worries.  I do not want these things to happen to you or our citizens.  Financial knowledge can help prevent these problems. The current economic conditions have helped fuel this bail bond lending growth: tighter lending conditions have made it hard for many people to arrange affordable personal loans.

 Bail Agents that consider lending should carefully weigh the risks involved. This is an unregulated area and if a borrower defaults, the agent can lose some – or all – of their money. And finally, don't believe everything you read. As a Bail Agent I look carefully at what information is verified by third parties, and what is simply provided by the would-be borrower. They may claim to be a good risk, but is there any independent evidence to support this? Investment decisions should be based on more than personalities and hard-luck stories. This what a Bail Agent does every day.

The Eight Amendment of the United States Constitution, which provides only that "excessive bail shall not be required," offers no guidance as to the purposes of bail and the rights of defendants at bail. Indeed, this conditional right to release is reflected in the language ofthe Federal Bail Reform Acts of 1966 and 1984 in two ways: (a- first response) in the presumption favoring release of defendants on personal recognizance; and (b-second response) in the presumption favoring release under the least restrictive conditions necessary to ensure appearance. However, the community safety aim was included in the 1984 act. Proponents of this interpretation point to language in Stack that (a) there is a presumption that defendants in allnon-capital cases will be admitted to bail; and (b) that this presumption is based on the "traditional right to freedom before conviction" deriving from the presumption of innocence, as long as release is "conditioned upon the defendant giving assurance that he will stand trial and submit to punishment if found guilty" (342 U.S. 1, 4–5 (1951). The current new bill 1119 eliminates the primary constitutionality of the above amendment and bail reform acts of 1966 and 1984. Until you change the federal law - this new Bill No. 1119 is intended to be a possible violation of the constitutional intent and the Federal Bail Reform Acts of 1966 and 1984 regardless of the 5 other states who are trying this type of legislation.   

 

Does one organization the Professional Bail Agents of Idaho (PBAI) represent all bail bond agents for this new Bill 1119?   No.

Am I member of this organization?   Yes.

Do I support this bill?   No.

Is there a missing severability clause with the ability to protect and immune an agent through any described due process and appeal form any unlawful criminal or civil actions?

What happens when an agent is falsely accused by the Department of Insurance, Department of Finance, Judiciary and Insurance Surety Company against the agent?

If the  violation is created by the local corporate or proprietor sole owner ship businesses when the agent is given a false affidavit from manager or owner that will be needed to be attached to the bond?

 The bill said there is no cost to the government. Increased incarceration will cost everyone at all levels of government form the Sheriff to the state. Who will store the new affidavits and provide funding for storage?

Will they need to copied and distributed to the Idaho Department of Insurance and Judiciary? What are terms of enforcement investigation and by which department? What are the evidential standards used to initiate an investigation? Who will pay for these investigations? There are additional costs to all. 

It will cost counties state wide over $ 10,000 thousand dollars to house and feed these citizens. This bill will cause the need for a County Pretrial Release Program because of over crowding form the lack of funding by citizens to pay full premiums. This is why Oregon is going back to the private bail system. There is little or no accountability with a County Pretrial Release Programs. We as Bail Agents who are citizens take this financial risk and save taxpayers these jail housing costs.

We must remember the citizen has not been convicted of any crime when seeking bail.

      The PBAI Representative is quoted as stating the following: “Bail agents would then be competing on service and not who is collecting the least amount of premium to obtain that bond. Judges and court officials will be happier, knowing that a defendant did have a financial obligation for his or her release, and public safety will be restored.” This has nothing to with constitutionality for bail. It is feel good legislation against other agents legally providing services for the criminal justice community. 

      When the jails are overcrowded and detention deputies are having to use force on increasing scale inside jails, the risk and liability will have an impact the is far worse then the PBAI concerns. Patrol and investigations will have to be reduced because of the lack of space. Cite and release arrests without proper NCIC backgrounds checks or just none. The Sheriff will have to start releasing defendants because of future law suits from the ACLU for overcrowding. The jails will be in violation of their POST accreditation standards. The tax payer can not afford any more property taxes as witnessed in the Canyon County Jail debate.

      This bill is going to create a great ambiguity with vague clauses that can result in different interpretations that will lead to more disputes and unbalance to the Sheriff’s Offices, Bail Agency Owners, taxpayers, and citizens who are attempting to bail out their family.

 

 

The Right Solution

It is simple. A new proposed bill is needed to reduce the 180 day forfeiture notice to pay forfeiture notice to a new 45 day forfeiture due date. This failure to appear charge will need to be paid in full by the bail agency to the court. 

A new one year remittance is needed to find and arrest the defendant. When defendant is found and arrested the bail agency will receive 85% refund of paid forfeiture. 

The court will earn and is guaranteed a 15% earning plus an additional savings account interest of 2% -5%.  

If any law enforcement agency arrests defendant during the one year remitter allowed time the agency will pay a $ 100 fee per FTA bond issued by agency to any local not for profit agencies in their community through the court within 30 days. Example Boys and Girls Club, homeless shelter, or other community needs etc. 

The Winners for the right solution

1.      Cosigner of the defendant who guaranteed the premium financing.

2.      The Court

3.      Law Enforcement

4.      Local Charities

5.      Defendant who is accountable

6.      Bail Agent who supports the constitutional judicial criminal justice process

The negative proposal is that a bail agent will earn their money because they will have to be engaged insuring with the defendant’s court appearance instead of relying on law enforcement to arrest defendant for a FTA within 6 months as the law is now written. This is the positive because it eliminates what many would call laziness of an agent or agency not to be held accountable and responsible for their defendant’s appearance in court under current law.

      Within the framework of democratic capitalism, the United States Constitution and government structure have a fundamentally classical liberal backbone. Viewed as a social contract, the relationship between the state and the individual is expressed in the Constitution which dictates the classical liberal values intrinsically woven into American history. Combined with the Bill of Rights, the Constitution holds the representative government accountable for its actions and sets finite limits on the power it wields over the individual. This new Bill 1119 will increases the finite limits on the power it wields over the individual bail agent.
 

I pray each citizen who has not been convicted of a crime has the ability to be released on their own personal recognizance for non capital crimes.

Compare Current Law

017. BAIL AGENT FINANCING OF BAIL BOND PREMIUMS.

01. Written Agreement Required. No credit may be extended by any bail agent or surety insurance

company for the payment of any bail bond premium without entering into a written agreement. The written

agreement for the extension of credit to finance premium must contain at a minimum the following: ( )

a. The names of the parties to the credit agreement; ( )

b. The amount of premium financed; ( )

c. The per annum rate of interest; ( )

d. The scheduled premium payment dates; and ( )

e. Signatures and dates of signatures of all parties to the credit agreement. ( )

 
New Legislation

LEGISLATURE OF THE STATE OF IDAHO, Sixty-first Legislature First Regular Session – 2011 IN THE SENATE, SENATE BILL NO. 1119, BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO THE IDAHO BAIL ACT; AMENDING SECTION 19-2911, IDAHO CODE, TO PROVIDE CONDITIONS AND REQUIREMENTS RELATING TO THE RELEASE OF A DEFENDANT UPON THE POSTING OF A BAIL BOND AND TO PROVIDE A CIRCUMSTANCE IN WHICHTHE COURT SHALL SUSPEND CERTAIN AUTHORITY OF A BAIL AGENT.Be It Enacted by the Legislature of the State of Idaho:SECTION 1. That Section 19-2911, Idaho Code, be, and the same is herebyamended to read as follows:19-2911. RELEASE OF DEFENDANT ON POSTING BAIL. Upon the posting of bail a cash bond or property bond in the amount set by the court, the defendant shall be released from the actual custody of the sheriff. Upon theposting of a bail bond in the amount set by the court, the surety company, through its bail agents or employees, shall charge and collect the premiumfor executing the bail bond before or at the time of the posting of the bail bond. The defendant shall be released from the actual custody of the sheriff only after the bail agent who executes the bail bond attaches a written affidavit to the bond attesting that the full premium has been collected.

Nothing in this section shall preclude a person from obtaining premium financing to facilitate the payment of the full bail bond premium, providedthat no bail agent or surety company shall have any financial affiliationwith or indemnify or receive any compensation from any premium financier.The court shall suspend a bail agent's authority to execute bail bonds beforethe court if such bail agent knowingly executes a bail bond for the releaseof a defendant from custody without collecting the full premium. 

 
Reference: All numbers and amounts are theory, hypothetical estimates based on personal and professional experience. Due to the minute writing of this bill there was no allotted time properly vet the wording and intent of the Bill 1119.

Bail - The Eighth Amendment Of The Constitution And Defendant Rights - Release, Defendants, Presumption, Excessive, English, and Detention http://law.jrank.org/pages/557/Bail-Eighth-Amendment-Constitution-defendant-rights.html#ixzz1EfIF24PP

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