One of our offices called in and wants to know: how many counties out there run a cash bond program of any sort? Know of any good programs?

Thanks, rob

We don't have a program. We simply like to accept cash to support the bail. Of course, judges rarely require the defendant to post the full amount. I would be curious as to the percentage your judges require.

We do impose a contract that goes with a cash bond. It sets a bunch of conditions of bail, such as urine testing and electronic monitoring. The conditions are supervised by a section of the probation department.

I'm not sure what you mean by "run a cash bond program," but we sometimes, with the approval of the prosecutor and judge, allow defendants to post a cash percentage bond in lieu of a surety bond. Usually it's at least 15% of the bond, and I like to look at the case to make sure there are no red flags for flight risk, such as seriousness of the offense or family ties in other countries. (I'm sure it comes as no surprise to anybody that there are people out there who will do a mental calculus and decide that it's worth the family pooling their funds and coming up with $15K or so to flee southward when faced with Aggravated Sexual Assault of a Child, knowing that the family will lose that money.) We will willingly accept 100% cash bonds as well. Cash bonds represent a small percentage of the felony bonds in our county, though. They're used a lot in misdemeanor cases, though.

I'm not sure I understand why you would want to accept a percentage of the bond amount if it is a cash bond. Aren't you then acting like a bondsman? At least when the bondsmen takes a percentage, the State can go after him for the full amount. Plus you have the added benefit of having a bondsman that is very interested in finding the defendant and bringing him back. Law enforcement doesn't always have that same ability.

I say, let the bondsman take the risk unless the defendant is going to post 100% cash.

It's not that we want to take cash percentage bonds, but knowing that our judge is likely to let the defendant do it, we at least make a suggestion as to how much should be posted to keep us from objecting.

I understand that Travis County has a much more developed "program" for cash bonds.

Last legislative session, the Leg passed a bill that eliminated cash percentage bonds. Didn't it get vetoed? Rob?

Would you be willing to take a percentage cash bond if the judges in your county were loathe to forfeit surety bonds?

I'm also confused because Jane and John seem to be describing different systems even though it looks like they're working in the same place . . . I'm sure that's just Dallas notions of Texas geography, though . . .

Don Davis is our expert on bond stuff, and we'll all be lost when he decides to hang it up.

Well, Jane is the bond czarina here in Williamson County. But all we are saying is that judges like cash percentage bonds. And there's not much we can do about it except push for a higher percentage and conditions.

Our District Judge recently observed that since January 1 there has been a marked increase in the number of defendants who receive appointed counsel "and then bond out shortly after the appointment is made." His comment: "The bail bondsman has just taken most of the money out of the system up front and the taxpayers are stuck." His solution: a cash deposit for bail is a ready source of repayment of attorney's fees- for locals with good ties to the community. In his letter the judge states:"I expect to order the deposited funds paid to the court appointed lawyer at the end of the process"; I assume he means unless they have been forfeited under art. 22.14, in which case I believe they would go to road and bridge.

Interestingly, two of my three sheriffs have used this system for many years and each of those counties also have active bail bondsmen, though I am sure they grumble. I am not sure how well this "program" is advertised to inmates.

Our experience with these types of bonds has generally been about the same as with the regular surety bonds- about the same percentage of them is forfeited. The defendants don't seem to care whether the county or the bondsman ends up with the money- the decision to run is based on something else. Of course, we hardly ever collect more than the cash deposit, so there certainly can be some advantages to having a solvent surety involved (aside from their efforts to help locate the fugitive).

The normal percentage of the cash deposit is 15%, so that certainly competes with the bondsmen.

I've been called many things in my career, not all of them kind, but this is the first time I've been called "bond czarina."

I thought case law said that a judge can only set the amount of the bond, and it was the defendant's choice whether he made a surety bond or made a cash bond. Has this changed?

Terry, I think you're thinking of a bill that got vetoed last session.