Idaho Bail Coalition Newsletter: Whats Happening with Bail March 2013

The Idaho Bail Coalition (IBC) is pleased to update Idaho bail agents on our progress since our successful inaugural meeting at the State Capitol on October 25, 2012. During that meeting, representatives from across our industry joined together to identify common issues impacting bail including: Customer access through Telmate including the high cost of collect calls from jail, inadequate time allowed for the free call from booking, and fees, surcharges and higher interstate rates if the call goes to a cell phone. IBC representatives have since met with Telmate executives and discussed the issues of concern for our membership. Telmate provided a proposal for one fixed rate for all members of the IBC. Many IBC members raised concerns and questions regarding the Telmate Fixed Rate proposal, therefore Telmate representatives will be attending our upcoming 2013 Spring Conference to answer questions and address our concerns. The failure of Idaho Code 19-2922 to specify that the bond is exonerated when the bail agent surrenders the defendant to the custody of the Sheriff. IBC is presently working with the judiciary on correcting this issue either through a statute or rule change (or both) that will address this issue. Solving this problem has widespread industry and stakeholder support and will be the main focus for the IBC in 2013. IDAHO SUPREME COURT RULES IN FAVOR OF BAIL AGENTS RIGHT TO RECOVER APPREHENSION COSTS. In Two Jinn, Inc. v. Idaho Department of Insurance (issued January 11, 2013), the Idaho Supreme Court unanimously ruled that Idaho bail agents may contract at the time of the initial bail for the recovery of investigation and apprehension costs incurred when a defendant jumps bail. The Court rejected the Idaho Department of Insurances finding that Idaho Code 41-1042 precluded bail agents for contracting for the recovery of such costs. The Courts full opinion can be reviewed at: http://www.isc.idaho.gov/opinions/twojinn38759.pdf. ARE YOU CHARGING YOUR CUSTOMERS INTEREST ON CREDIT BAIL? IF NOT, YOU BETTER START! The Idaho Department of Insurance has taken the position that Idaho Code 41-1314(3) requires bail agents to charge and collect interest on the extension of credit for premium payments over thirty days. Although the DOI has indicated it will issue formal notice to all bail agents of this position, this notice has not yet been issued. Bail agents should be aware that not charging and collecting interest could expose them to enforcement action by the DOI. IS THERE SUCH A THING AS A FREE LUNCH? YES! JOIN US FOR OUR SPRING CONFERENCE AT THE STATE CAPITOL. Please join the IBC at the State Capitol in the House Majority Caucus Room, 4th Floor, on April 10th, 2013 for our SPRING CONFERENCE. This will be an excellent time to share information and issues that impact us all. The 2013 Spring Conference Agenda is attached. We hope you find this newsletter useful and welcome your participation in the IBC. Unfortunately, it may not be economically feasible to send future newsletters and updates to non IBC members. If you have not already joined the IBC, please do so and join in our efforts to address issues that affect our businesses and promote the betterment of our industry! Information on the IBC, including how to join, can be found at: www.idahobailcoalition.com.

Robert Muse, President

Kenny Keene, Vice President

Heather Price, Secretary

Heather Bedal, Treasurer

Idaho Bail Coalition Agenda

2013 Spring Conference April 10th, 2013 Idaho State Capitol, House Majority Caucus Room, 4th Floor
9:00 9:30 9:30 12:30 12:30 1:00 1:00 2:00 Registration C.E. Class Ethics in Insurance Lunch Fugitive Recovery Overview - Good Rules to Follow - Things you should NEVER do Break Keynote Speaker Telmate Interactive Discussion

2:00 - 2:15 2:15 3:00 3:00 - 4:00