COVID-19 Information for Sheriffs and Judges

The corona virus may do more long term damage than any tornado or hurricane that has hit the state of Texas. The ramifications will be felt for many years to come.

These are interesting times.  Your cup is full and please know that our hearts and prayers are with you.  We want to help in anyway possible.

Not Business As Usual

If your county is open and everything is taking place as usual, then you are one of the lucky ones.  Please keep up the good work. Also, take this time to plan.

Filing of Bonds, 17.16 Affidavits and 17.19 Affidavits

Please consider setting up procedures that allow for the remote filing of bonds, 17.16 affidavits and 17.19 affidavits.  Tarrant County has allowed for the fax filing of bonds for a long time.  The original bond or power must follow and be sent to the jail in a reasonable time.  Other counties are setting up temporary procedures to allow for efiling or fax filing of these and other bond related documents.

On the issue of bonds, we would point out that it is settled law that the bond must be signed by the defendant and the surety.  So a fax, with the original to follow by mail may be a good procedured.

On the issue of 17.16 affidavits, these affidavits notify your facility that the defendant is currently in another jail facility.  The verifications should continue to be completed.  However, if you are not taking inmates at this time make a determination, on a temporary basis, whether to place a hold on the defendant or to place one and defer to another day the dcision of whether to transfer the defendant when callled.  The act of verification is important from the stand point of continuing to do business..

17.19 affidavits are requests for warrants.  They must be presented to the trial court judge.  A request for a warrant means that the defendant has done something that has caused the bonding company to no longer want to be on this bond, but they remain on the bond until the defendant is rearrested.  If you do not want the surety to look for the defendant during this time, consider marking the affidavit refused and signing it.  This will entitle the surety to a defense later if there is a forfeiture.  It gives the bondsmen the greatest protection.  Alternatively, please approve the affidavit and issue a warrant.  The surety remains on the bond until the defendant is rearrested.  If the jail refuses to take the defendant, then the surety remains on the bond. Doing nothing is the worst thing that can be done.  Please consider a temporary procedure to ensure that the affidavit is refused or approved. 

Setting Up Temporary Accessment Facilities

In the federal court system if you are arrested currently, one day is added to the process.  The first day the defendant is assessed medically to see if he is well enough to go to court.

You are setting up all kinds of procedures currently, you should consider a temporary procedure that adds a day to anyone's arrest for accessing  them.  We have several counties under court supervision, they would consider requesting approval of temporary procedures to change certain decisions from 48 hours to 72 hours to accommodate the medical assessment that is needed.

Many of you are already doing this,  consider a quarantine area of the jail for new arrests.  Only after being in quarantine are these people allowed into the greater fail facility.  Consider that the staff over the quarantine area should not be the same as the remainder of the jail.

Plan For Chaos

Things are moving quickly.  Currently, jails are addressing this pandemic by releasing as many people as possible and refusing to arrest others except under limited situations.  There are reports of jails refusing to take arrestees because they coughed.  A capital murder arrestee was given a PR bond after stating he was afraid of getting the virus in the jail.  Here are things to consider:

• The Governor of New York is saying that 80% of the population will get this virus.  If this is true, then the virus will get into your jail eventually.  When it does, what does this mean?  Will it be a get out of jail fee card?  Now is the time to plan. 
• There are reports in the news of gangs targeting truckers at rest stops.  The longer this goes it will get worse.  We will start seeing the effects of this shortly if it continues. 
• People are buying guns in record numbers.  Even in Illinois which has some of the most restrictive gun laws, the state has determined that gun shops are essential businesses during this time. 

Rearrests

Please consider setting up a form to give to bondsmen which states that your office responded to a call to arrest a defendant and you agree that the defendant would have been taken into custody but for the virus.  Sign the document and give it to the bondsmen.  The effect of this may be nothing, but at least there will not be any disagreement about whether the defendant was located.  

It May Get Worse Before It Gets Better

Remember the expression, it is always darkest right before the dawn. 

Remagistration

Tracking the people who are in jail and remagistrating them with a short time to determine why they are still in jail.  The statistics show that their chances of appearing are better if they are on a surety bond.  Therefore, defendants should be encouraged to seek surety bonds on a expedited basis.

Releasing People With No Where to Go

People who have been in the county jail for an extended time are not going to be the source of any sickness.  The sources will be from the jailers and the newly arrested who come to the jail. 

We question whether people should be released early post conviction.  But you should consider whether they will have any where to go when they are released.  If they do not have a place to go are you pushing your problem off to someone else?

Please know that we are praying for you and your families during this time.