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BAIL AGENTS & BONDS E-135 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS EFFECTIVE DATE: 08-06-90 REVISED: 11-04-91, 12-25-94, 03-01-97, 03-01-98, 03-01-99, 07-01-99, 05-01-01, 12-01-09 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Sections 160, 821, 822, 851.5, 1268, 1269b, 1275, 1275.1, 1300, 1301, 1302, 4015(b) and 11105.6; Code of Civil Procedure Section 2015.5; Insurance Code Sections 1802 and 12147; California Code of Regulations, Title 10, Sections 2068 and 2077.1; and County Counsel Opinion, dated December 2, 1994. PURPOSE: The purpose of this policy is to ensure that inmates have access to bail agents for the purpose of securing their release from custody. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division that licensed bail agents shall have access to inmates and be allowed to interview them in non-contact interview rooms for the purpose of arranging bail. This process shall be completed while maintaining the safety and security of the facility. All inmates shall be provided access to bail agents' telephone numbers, via telephone directory information provided at the time of booking and in the inmate housing units. It is the policy of the Fresno County Sheriff's Office Jail Division to accept bail bonds on a twenty-four (24) hour basis. The only exception will be for inmates who are out to court (i.e., they have already been removed from their housing unit and are either attending, or enroute to court). Inmates who attempt to bail on the same day as their court appearance shall not be permitted to post bond until Jail Records has received and processed the court paperwork. It is the policy of the Fresno County Sheriff's Office Jail Division that when a Judge places a stipulation on an inmate's bail pursuant to Penal Code Sections 1275 and/or 1275.1, the inmate shall only be allowed to post bail through the court. It is the policy of the Fresno County Sheriff's Office Jail Division that when a bail agent has a forfeiture of their undertaking and a warrant has not yet been issued, the bail agent may surrender the arrestee back into custody and the subject shall be booked pursuant to Penal Code Section 1300. Page 1 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS It is the policy of the Fresno County Sheriff's Office Jail Division that before a bond surrender is accepted into custody, a warrant check shall be conducted to determine if a warrant has been issued for Failure to Appear(FTA) on the case being surrendered. If so, the subject will be booked on the warrant and not on Penal Code Section 1300. It is the policy of the Fresno County Sheriff's Office Jail Division that the bond for the case being surrendered must have originally been posted in Fresno County. It is the policy of the Fresno County Sheriff's Office Jail Division that all arrestees must be medically cleared prior to acceptance into custody. Accordingly, bail agents are responsible to obtain medical clearance for arrestees brought to Jail on bond surrenders. PROCEDURES: I. DEFINITIONS A. BAIL AGENTS: A certified agent (licensed by the California Department of Insurance) who issues financial security (posts bail) for the appearance of an inmate in court in order to obtain their release from custody. B. NON-CONTACT INTERVIEW ROOM: A designated area, which does not allow physical contact. 11. IDENTIFICATION/SECURITY A. The California Department of Insurance (CDI) issues all bail agents a Bail Identification Card. The license is issued for a one-year term and expires on June 30t" of each year. Bail agents are required to produce their identification card before being allowed to interview an inmate or post a bond. If there is a dispute regarding the agent's validity, the CDI provides a website where the bail agent's license can be verified by entering either the agent's name or license number. www.insurance.ca.gov B. Bail agents shall conduct all interviews in the non-contact interview rooms. 1. Main Jail — In the Bond Rooms located on the Main Jail 1st Floor. 2. North Annex Jail — In the Main Jail 1st Floor Bond Rooms. 3. South Annex Jail — In the South Annex Jail 1st Floor Bond Rooms. Page 2 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS III. FACILITY RULES FOR BAIL AGENTS A. Bail agents shall be responsible for complying with the following rules- 1. Interview inmates only in response to a bona fide request. 2. Request to interview an inmate by completing the Inmate Interview Request (J-56) form available in the lobby areas of the facilities. 3. Instruct relatives and/or friends of the inmate being considered for bond to meet them at their place of business, rather than at the facility. 4. Bail agents shall not loiter in or about the facility. 5. Bail agents shall not have conversations with any inmate other than the one who has requested their services. 6. Bail agents shall not advertise inside of the facility, except via the posted telephone directory at booking. 7. Bail agents shall not bring gifts or food to staff members or inmates. 8. Bail agents shall not utilize the facility lobby areas, or any other area within the facility, as an office, whether by interviewing the friends and relatives of the person being considered for bond, or by excessive use of the pay telephone. 9. Bail agents shall not accept any money at the facility. 10. Bail agents shall not do favors or perform services for inmates that do not relate to posting a bail bond. 11. Bail agents shall not call the booking area for bond information. All information shall be received from inmate information. B. Bail agents shall not employ, engage, solicit, pay or promise any payment, compensation, consideration or thing of value to any inmate forthe purpose of soliciting bail on behalf of the bail agent. C. Bail agents are subject to a search of their person and possessions at any time while they are in the facility when there is a valid security reason for the search. This search may include, but is not limited to: purses, briefcases, and/or a pat down search of the individual. Page 3 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS IV. STAFF MEMBER RESPONSIBILITY TOWARD BAIL AGENTS A. Licensed bail agents are to be admitted only into the non-contact interview rooms and only for the purpose of interviewing inmates for release on bond. B. Staff members shall furnish complete and accurate information regarding the inmate's charges, bail information, date of birth, and court appearance date(s) to the bail agent. C. Upon the request of a licensed bail agent, staff members may furnish an inmate's known aliases and booking photograph (but only if the inmate is a client of the bail agent and a bench warrant has been issued or a bail forfeiture has been ordered). Additionally, the bail agent may receive a copy of the booking and property record, and information identifying whether the inmate has been convicted of any violent felony, pursuant to Penal Code 667.5. D. Staff members shall be impartial in dealing with the bail agents. E. Staff members shall ensure that no inmate is denied the opportunity to talk to the bail agent of their choice. F. Staff members shall not recommend any particular bail agent to an inmate or other person, even if a recommendation is requested. G. Gifts or favors shall not be accepted from a bail agent, either at or away from the facility. H. Any staff member having knowledge of any violation of these rules shall immediately advise the appropriate Sergeant on duty. I. Any bail agent who violates facility rules or becomes a threat to facility security is subject to having their access to the facilities denied or restricted based upon the security needs of the facility, as well as staff and inmate safety. Page 4 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS V. FORMAT FOR SURETY BONDS A. The California Department of Insurance approves the printed forms for surety bonds and the attached Power of Attorney forms in advance of their use. These bonds may appear in various forms and printed information such as expiration dates that appear on one company's bond may not appear on another. B. Other than the usual handwritten information provided by the Bail Bonding Agent such as the inmate's name, the relevant case number, the amount of the bail, and the date, time, and place of the inmate's scheduled court appearance, it should not be necessary to request that additional information be added to the surety bond face sheet or the Power of Attorney unless it is required by the format of that particular surety bond. VI. BOND ACCEPTANCE AND DISTRIBUTION A. Bonds are ordinarily delivered by a licensed bail agent. The bail agent's identification shall be checked to confirm the bond's legitimacy. The bail agent may also allow an attorney, friend or relative of the inmate, or common carrier, to deliver the bail bond. If anyone other than a licensed agent delivers the bond, it must be in a sealed envelope, and the person's identification shall be confirmed. If there is a question regarding the validity of a bond, the bail agent shall be contacted for verification. B. Staff members shall check issued bail bonds to ensure that they are properly prepared, and promptly release the inmate. C. Court dates may only be set by court personnel or Jail Records staff in accordance with directives set forth by the Fresno Superior Court. 1. If the case already has a future court date scheduled, that date shall be used as the court appearance date. If not, 2. Felony charges shall be scheduled for the tenth (10t") court date from the defendant's release date. If the tenth day falls on a day when there is no court in session, the next available court date shall be used. 3. Misdemeanor charges shall be scheduled according to the citation calendar (or at least sixty (60) court days from the current date). Page 5 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS D. There shall not be any changes made to the original bond. If changes are necessary, a new bond must be submitted. E. Once the inmate's release has been processed, the bond shall be placed in the Jail Records Office metal box labeled "ACCT WI," along with any corresponding paperwork (e.g., remand order, warrant, etc.). F. Each morning, Monday through Friday (with the exception of holidays), a designated Jail Records Officer will be responsible to: 1. Recheck the bonds for accuracy and ensure any corresponding paperwork is attached, as applicable. 2. Separate the bonds by case number (e.g., Fresno Superior, outlying Superior, traffic, out-of-county). a. The bonds shall be distributed, as appropriate, during the morning court run. b. All outlying and out-of-county bonds shall be taken to the 2nd floor of the Sheriff's Administration building and given to Accounting. Accounting will photocopy the bond, forward the original to the court, and maintain all copies for recordkeeping purposes. VI I. SURRENDER BY A BAIL AGENT — PENAL CODE SECTION 1300 Before the subject is accepted into custody, a warrant check shall be conducted to determine if a warrant has been issued for Failure to Appear (FTA) on the case being surrendered (if so, the procedure in Section IX shall be performed). If a warrant has not yet been issued, the bail agent may have the subject booked under the provisions of Penal Code Sections 1300-1301. The bail agent may surrender the arrestee back into custody by submitting the required paperwork. A. If a bail agent has a forfeiture of their undertaking (i.e., bond surrender),the bail agent may surrender the arrestee back into custody by submitting a certified copy of the original bond or an Affidavit of Undertaking of Bail for Arrest or Surrender of Defendant which lists all of the specific information that would be included on a certified copy of the original bond, and three(3) copies of a body surrender form. The distribution of the forms shall be as follows: 1. The certified copy of the bond or the Affidavit (as applicable) is to be scanned into the inmate's records file. Page 6 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS 2. One signed body surrender form to the bail agent. 3. One signed body surrender form to the court of jurisdiction. 4. One signed body surrender form shall be scanned into the inmate's records file. B. The inmate shall be booked with the charge of Penal Code Section 1300. 1. The FILING DATE shall be set for two (2) full court days from the time of arrest. Court days do not include weekends, holidays or court holidays. 2. The bail amount shall be set for the same amount at which the person originally posted bond. 3. If a filing slip, remand order, or active warrant is not received within two (2) full court days, the inmate shall be released "Past Time to File". C. A bail agent also has the right to surrender a bond at any time of the day or night, if the inmate has been arrested and is already in custody on other charges or that same charge. The appropriate forms can still be accepted and disbursed accordingly. A notation shall be placed in the COMT/STRIKE/BAL section of the CHARGES tab, or the charge should be added if necessary (refer to Section VII(B) above). D. Whenever a subject is surrendered pursuant to Penal Code 1300 and the person making the surrender is not in possession of a court certified copy of the bond or an Affidavit of Undertaking of Bail for Arrest or Surrender of Defendant, the person making the surrender shall write the following statement on the copy being accepted by the Jail: 1, certify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct as to the original instrument posted in the Fresno Superior Court. ccP 2015.5 Vill. OUT-OF-COUNTY BOND SURRENDERS A. A bond can only be surrendered in the same county in which the bond was originally posted. A bond surrender cannot be accepted for a bond that was posted in another county, even if the case was originally local (refer to Penal Code 1300). Page 7 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS B. Before the subject is accepted into custody, a warrant check shall be conducted to determine if a warrant has been issued for Failure to Appear (FTA) on the case being surrendered (if so, the procedure in Section IX shall be performed). C. When a bail agent surrenders a subject on a bond that was posted at the Fresno County Jail for an out-of-county charge, it shall be the designated Jail Records Officer's responsibility to ensure the following is performed- 1. The FILING DATE shall be set for two (2) full court days from the time of arrest. 2. The bail amount shall be set for the same amount of the originally posted bond. 3. The out-of-county agency shall be informed, via teletype, that the subject is in custody on a bond surrender and the agency has five (5) days to pick up. The agency shall also be informed that an active warrant or remand order must be received within two (2) full court days from the time of arrest, or the inmate will be released. 4. If a warrant or remand order is not received within two (2) full court days, the inmate shall be released "Past Time to File". The out-of- county agency shall be notified of the release. IX. ARREST BY BAIL AGENT — INMATE TO BE BOOKED ON WARRANT A. Before the subject is accepted into custody on a bond surrender, a warrant check shall be conducted to determine if a warrant has been issued for Failure to Appear (FTA) on the case being surrendered. Once a warrant has been issued, the subject shall be accepted into custody regardless of where the bond was originally posted (i.e., out-of-county). However, the subject cannot be surrendered by the bail agent, but must be arrested by a peace officer. B. If a warrant has been issued, the certified copy of the bond or the Affidavit of Undertaking of Bail for Arrest or Surrender of Defendant and the bond receipts presented by the bail agent can still be accepted and disbursed accordingly. One body receipt shall be promptly completed and returned to the bail agent. Page 8 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS 1. The bail agent will not be required to wait for the arrival of a peace officer. 2. If a peace officer is not immediately available in the vicinity, a Booking Officer shall complete the Fresno County Arrest Report(J-2)to book the subject into custody on the outstanding warrant. 3. If the arrestee requires medical attention, the bail agent cannot be compelled to transport the subject to the hospital. It shall be the responsibility of the on-duty Watch Commander to arrange transportation to the hospital. 4. The subject will be booked on the warrant and not on Penal Code 1300. The Penal Code 1300 charge shall not be added or included as a charge. 5. A notation regarding the bail agent/exoneration information shall be placed in the COMT/STRIKE/BAL section on the CHARGES tab. X. CASH BAIL A. If someone wants to post an inmate's bail in cash, staff shall confirm the following: 1. That the bail can be accepted at the Jail (federal inmates must post bail at the federal courthouse). 2. The person has the entire bail amount in cash or cashier's check. 3. The court has not placed any restrictions on the bail (i.e., Penal Code 1275 et al. —which requires that bail be posted in court). 4. The person posting the cash bail has government-issued identification (e.g., driver's license, passport, foreign consulate identification, etc.). XI. SELF- SURRENDERS A. A defendant may surrender his or her self in the same county in which the bond was originally posted. The surrender cannot be accepted for a bond that was posted in another county, even if the case was originally local. Page 9 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS 1. If the person was bonded out utilizing the services of a bail agent, the person should be encouraged to contact the bail agent and request that the agent surrender the person with the accompanying surrender forms as described in Section VII. 2. If the person "cash bailed" or chooses not to contact the bail agent, they should present a copy of the bond or Cash Bail Receipt. B. Before the subject is accepted into custody, a designated Jail Records Officer shall- 1. Confirm the person's identification. 2. Conduct a warrant check to determine if a warrant has been issued for Failure to Appear (FTA) on the case being surrendered. If so, the person shall be booked on the warrant. C. Unless the person is in possession of a court certified copy of the bond, they will need to write the following statement on the copy of the bond or Cash Bail Receipt presented to the Jail. The document shall be scanned into the inmate's records file. 1 certify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct as to the original instrument posted in the Fresno ("Superior Court'or"County Jail") D. The person shall be booked with the charge of Penal Code Section 1300. 1. The FILING DATE shall be set for two (2) full court days from the time of arrest. 2. A notation shall be placed in the COMT/STRIKE/BAL section of the CHARGES tab that the person "self-surrendered". 3. The bail amount shall be set for the same amount at which the person originally posted bond. 4. The court shall be notified that the person has self-surrendered and is in custody on the bailed charge(s). If bail was posted on an out-of- county charge, the notification procedures under Section VIII shall be followed. 5. The person shall be given a Certificate of Surrender acknowledging the surrender. Page 10 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: BAIL, BAIL AGENTS AND BOND SURRENDERS NO: E-135 FILE: BAIL AGENTS & BONDS E. If a filing slip, warrant or remand order is not received within two (2) full court days, the inmate shall be released "Past Time to File". XII. SURRENDER BY DEPOSITOR Any person who has deposited money or bonds to secure the release of the defendant may arrest and surrender the defendant. The procedures in Section XI shall be followed, with the notable exceptions that the surrender was made by the depositor and shall be noted as such, and the depositor shall be provided with a copy of the Certificate of Surrender. XIII. RETURN OF MONEY DEPOSIT ON SURRENDER BEFORE FORFEITURE The Court shall be responsible to order a return of the deposit to the defendant or to the person or persons found by the court to have deposited said money on behalf of the defendant. Page 11 of 11