BOND CONDITIONS ~ MONITORING and ENFORCEMENT HON. MARC H. NEWMAN JUSTICE OF THE PEACE WICHITA COUNTY (940)592-9388 MARC.NEWMAN@CO.WICHITA.TX.US

OBJECTIVES DISCUSS, DEVELOP AND UNDERSTAND METHODS OF MONITORING AND ENFORCING BOND CONDITIONS. DISCUSS PROCEDURES FOR DETERMINING WHETHER CONDITIONS HAVE BEEN VIOLATED. DISCUSS PROCEDURES FOR ENFORCING BOND CONDITION VIOLATIONS.

MONITORING – WHO DOES IT? THE MAGISTRATE OR JUDGE OF THE COURT IN WHICH THE CRIMINAL ACTION IS PENDING OR THE CLERKS OF THAT COURT. UNDER SOME STATUTES, AN APPROPRIATE AGENCY MAY BE DESIGNATED BY THE ISSUING MAGISTRATE. A COST MAY BE ASSESSED. CCP 17.43(a) HOME MONITOR/ELECTRONIC MONITORING P/R 17.44(a)(1) HOME MONITOR/ELECTRONIC MONITORING PORTION ONLY – BAIL BOND 17.441 INTERLOCK THE MONITOR MAY RECEIVE INFORMATION REGARDING COMPLIANCE FROM LAW ENFORCEMENT, JAIL STAFF, TESTING LABS, RELATIVES, STATE OR DEFENSE ATTORNEYS OR ANY OTHER RELIABLE SOURCE.

GUIDELINES ESTABLISH A TRUST AND PROCEDURAL RELATIONSHIP WITH LABS AND VENDORS HONESTY, ACCURACY, AVAILABILITY, FLEXIBILITY, ACCOUNTABILITY INSURE THAT MAGISTRATES ARE ON BOARD WITH THE CONDITIONS, UNDERSTAND THE CONDITIONS AND ARE ABLE TO EXPLAIN THE CONDITIONS TO THE DEFENDANTS WITH CLARITY. INSURE THAT THE CLERK/MONITOR UNDERSTANDS THE CONDITIONS AND IS ABLE TO EXPLAIN THE CONDITIONS TO THE DEFENDANT WITH CLARITY. ESTABLISH AN MRO PROCEDURE FOR DISPUTED DIP TESTS.

TRACKING – IN HOUSE DESIGN FOR EASE OF ENTRY, ACCURACY, AND EASE OF RETRIEVAL. MONITOR SHOULD NOT HAVE TO LABOR OVER DATA INPUT. ‘LOG’ SHOULD BE CHECKED FOR ACCURACY AND COMPLETENESS OF INFORMATION JUDGE/MONITOR SHOULD BE ABLE TO INTERPRET THE ‘LOG’ AT A GLANCE.

NAVIGATING THE DIFFICULTIES OUR ORIGINAL PROBLEM EXTERNAL MONITORS EPO CHILD ORDERS STAY-AWAY AND STALKING RULES OF EVIDENCE CONSTANT, TIMELY MONITORING AND ENFORCEMENT ARE ESSENTIAL!

MAKE SURE CONDITIONS ARE REASONABLE Ex parte Robert D. TUCKER, Court of Appeals of Texas, Fort Worth. June 25, 1998, No. 2-97-738-CR. CASE FILED AS A PRETRIAL WRIT APPEAL IN CCA BASED ON A CONTENTION THAT TRIAL COURT HAD NO JURISDICTION TO ORDER A BOND CONDITION NOT EXPRESSLY AUTHORIZED BY STATUTE. APPEALS COURT RULED IN FAVOR OF TUCKER. LEGISLATURE SUBSEQUENTLY CHANGED CCP 17.41 FROM MAY TO SHALL WE MUST ALWAYS REMEMBER THE DIFFERENCE BETWEEN “MAY” AND “SHALL”. IN BOND CONDITIONS, “MAY” IS A RESTRICTIVE LIST. “SHALL” IS A MINIMUM THRESHOLD.

GENERAL CONDITIONS OF BOND - TEXAS Ex Parte Leverett, No. 05-05-01557-CR, 2006 WL 279388 (Tex.App.—Dallas 2006) (not designated for publication). The following conditions imposed on appeal bond after misdemeanor DWI conviction were held to be proper: 1) Commit no offense against the laws of Texas or any other state or the United States; 2) Consume no alcoholic beverages; 3) Report in person to the pretrial release supervising officer (hereinafter “supervising officer”) of the Grayson County Community Supervision and Corrections Department, beginning on the date of this order, and one time per month thereafter; 4) Pay a monthly supervisory fee in the amount of $20.00 to the Grayson County Community Supervision and Corrections Department; 5) Remain within Grayson County, Texas, unless express permission to leave said county is granted by the supervising officer or by the Court; 6) Submit a specimen of breath or blood as directed from time to time by the supervising officer for the detection of alcohol in the defendant’s body and pay any and all fees associated therewith; 7) Operate no motor vehicle with any detectable amount of alcohol in the defendant’s body; 8) Submit a specimen of breath or blood for analysis to determine the alcohol concentration in the defendant’s body upon the request of any peace officer as authorized by law; 9) Have installed on the motor vehicle owned by the defendant, or on the vehicle most regularly operated by the defendant, an ignition interlock device, approved by the Texas Department of Public Safety, 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. Such device shall be installed on the appropriate vehicle, at the defendant’s expense, within 30 days from the date of this order; 10) Provide proof of installation of such ignition interlock device to the supervising officer on or before the 30th day after the date of this order; and 11) Operate no motor vehicle that is not equipped with an ignition interlock device.

HELPFUL PROCESSES EACH MONDAY, AFTER THE PREVIOUS WEEK/WEEKEND TEST RESULTS/INSTALLS HAVE BEEN ENTERED, CALL THE LABS/VENDORS TO INSURE ALL REPORTS HAVE BEEN SENT. ADD THE WEEK’S NEW CONDITION DEFENDANTS TO THE TRACKING ROSTER AND CHECK THE JAIL ROSTER TO SEE IF ANY ‘NEW CLIENTS’ HAVE BEEN RELEASED OR IF ANY OLD CLIENTS HAVE RETURNED TO CUSTODY. IF A NEW CLIENT HAS BEEN RELEASED, FAX CONDITION ORDER TO BONDING AGENT/ATTORNEY. SEND WARNING LETTERS (TO DEFENDANT/BONDING COMPANY/ATTORNEY) FOR DEFENDANTS WHO HAVE FAILED TO CONTACT THE COURT AS ORDERED.

WARNINGS AND HEARINGS ALWAYS FAX COPIES OF WARNINGS AND HEARINGS TO BOND CO AND ATTORNEY. GIVE AT LEAST 10 DAYS NOTICE. WARNINGS GO TO DEFENDANTS WHO HAVE FAILED TO CONTACT THE COURT OR HAVE SKIPPED A SINGLE TEST. HEARINGS ARE SET FOR CONTINUED FTC, MULTIPLE SKIPS, POSITIVE/FALSIFIED TESTS, VEHICLE OPERATION WITHOUT INTERLOCK. BEFORE SETTING HEARINGS CHECK TO INSURE COURT STILL HAS JURISDICTION. RECHECK ON HEARING DATE.

DISPOSITION HEARING OUTCOME SHEET SHOULD INCLUDE THE REASON FOR THE HEARING; DATE OF HEARING; WHETHER THE DEFENDANT APPEARED OR FAILED TO APPEAR; WHETHER SOME GOOD CAUSE WAS SHOWN; WHETHER THE MAGISTRATE FINDS THAT THE VIOLATION OCCURRED; WHETHER THE BOND WAS REVOKED AND A NEW BOND SET; WHETHER CONDITIONS WERE MODIFIED; OR, WHETHER THE DEFENDANT WAS GIVEN AN OPPORTUNITY TO COME INTO COMPLIANCE.