Our sheriff's office seems to think that since we have instituted a Bail Bond Board, affidavits of incarceration under Art.17.16 CCP are no longer acceptable. This seems to be in light of 1704.207, which more or less mirrors Art. 17.19. Since 207 does not contain the language found in 17.16, their opinion is that 17.16 no longer applies in counties with Bail Bond Boards. My position is that 207 is a procedure for resolving disputes when a principal is grieved by a bondsman wanting to surrender them, and not a replacement for the CCP sections, and I'm so advising the sheriff. Finding no annotations one way or another, I was wondering if anyone else has come accross this situation.

I believe Affidavits of Incarceration (aka release of surety or "off bonds") do apply to BBB counties. We are a BBB county, and as far as I know other BBB counties do the same. For more information, please email me at david.mendoza@co.hays.tx.us and I'll put in touch with several bail bond prosecutors who will confirm (or not!) my repsonse. -david

Thanks. We set up a procedure so that when a bondsman brings in an AI, the jail checks to make sure no BF has been issued before accepting it. Our continuing problem is that the bondsmen seem incapable of understanding the difference between an AI and an affidavit of intent to surrender.