Mississippi Bail Agents Association

Continuing Education 2020

Contents

I. Legislative Update

II. Speakers from the Mississippi Bail

Agents Association Meeting

III. Mississippi Code 99-5

IV. COVID – 19 Preparedness

V. Terminology

I. LEGISLATIVE UPDATE

Robert Dozier and Al Sage represent the Bail Agents Association and have for

many years. This is a brief report on the status of the 2020 Legislature and a

recap of issues in recent years.

2020 Legislative Update - The 2020 Legislative session began as planned and

proceeded along normally when the corona virus crisis began. We continued to

operate as usual for a while, then it became apparent that public health and

safety dictated a need to suspend operations temporarily. So, business was

suspended March 18, with intentions of returning to work on April 1. The corona

virus crisis deepened and, following the advice of health experts, the Legislative

decided not to resume the session then. Some time passed and the Legislature's

leadership made a decision to return to work on May 18, a Monday.

Meanwhile . . .

Apparently, the portion of the stimulus package - No. 3, I believe - that is

allocated to states contains language giving the governor of a state the authority

to decide how the money is to be spent. The Legislative leadership - the Lt.

Governor and the Speaker of the House - is hesitant to leave all of the decisions to

the Governor. So, the Legislature intends to return on Friday, May 1, to enact

legislation that supplements current authority to expend this type of money,

apparently to strengthen the Legislature's authority.

Governor Tate Reeves just stated in a press conference - 4/30/2020 at 3:00

o'clock p.m. - that he was going to work with the Legislature and that they have

made a decision to "go through the leadership" and that he and his staff has met

with the Legislature to plan how to spend the money.

The question that hasn't been answered to our knowledge at this time is whether

or not the Legislature will resume normal operations on May 4 or handle the

above mentioned issue, then recess temporarily until May 18. At the present

stage, we are about halfway through the process and have plenty of time to

handle all the business that was pending when we left.

In whatever situation, our hope is that the Legislature will take up business where

it left off. That means handling general bills that have passed one house and have

been transmitted to the other house. General bills are those that enact the laws

we are familiar with and that cover various topics. Robert and I together

currently have about half a dozen bills pending that are now in the second house

awaiting committee action. There are many other interests that are in a similar

position. This would normally have been dealt with and we all hope that there

won't be any problems with those bills being handled in a normal fashion.

Normal business also means handling the budget process and passing the

appropriations bills that fund all aspects of state government and some parts of

local governments. There will also be revenue bills that provide funds for capital

projects in various parts of the state. This part of the process is usually in the

second half of the process, although there is overlap. The crisis means that the

Legislature will not be able to project revenue until sometime in early June. We

expect that the budget and revenue bills will be finalized in June. The state fiscal

year starts July 1.

So far, the Association has one issue that it would like to see advanced and that

issue has to do with corrections and criminal justice. There are two bills - SB

2123, pending in the House and HB 1377, pending in the Senate, that contain

various provisions relating to parole and probation. We are hopeful to get an

amendment to the bills (whichever one that finally passes) that will allow the

Parole Board to put certain inmates eligible for parole under a bond rather than

burden a parole officer with the duty of handling their case. There is a shortage

of parole officers and this should lessen their caseloads and be less

expensive. We have discussed this with the applicable members and it has gotten

a positive response, although that is no guarantee that we can get the

amendment adopted.

At the start of the session, we were tracking about 40 bills that impacted some

part of the criminal justice system. A few of them were detrimental to bail

agents, but we managed to kill those. In the past several years, we have played a

lot of defense due to an unholy alliance of liberals and libertarians. There has

been a lot of change in the criminal justice systems in the various states, like

California, New York and even parts of Texas. The bail system has been and will

continue to be under attack, but a lot of the so-called "reforms" are backfiring

and people are realizing that some of the reforms need to be reformed.

Al Sage

Sage Advice, Inc.

Mail: P.O. Box 1845

Madison, MS 39130

Phone: 601-506-2650

II. Speakers from the Mississippi Bail Agents

Association Meeting

MBAA held its general assembly meeting on March 3, 2020. We had several

speakers at the meeting discussing different issues surrounding the bail industry.

Michelle Esquenazi

The “bail elimination act of 2019” was passed by the New York legislature in April

of 2019. The passage of the bill succeeded in its purpose of eliminating the usage

of bail. There have been many attempts to pass similar legislation here in

Mississippi.

Michelle Esquenazi grew up in Brooklyn, New York. Over two decades

ago Michelle founded "Empire Bail Bonds". Empire is family owned and operated,

and that is Michelle's greatest source of pride. In 2011, Michelle and her family

opened up their own surety company, Empire Bonding & Insurance Company.

Michelle is also the former Senior Vice President of the Professional Bail Agents of

the United States and was honored to be named the "Bail Agent of the Year" by

PBUS 2018. Michelle travels to Albany often to advocate on behalf of our

industry. "As a bail agent I feel compelled to help my fellow bail family

throughout the nation", says Michelle, as she travels from state to state in honor

of our time honored profession.

MICHELLE ESQUENAZI VIDEO HERE

Chris Blaylock

Administrative Director at American Bail Coalition

For those unfamiliar with Mr. Blaylock’s work, look no further than

www.usbailreform.com, a website that Mr. Blaylock created after bail reform in

New Jersey caused him to nearly shut down his business. Rather than giving up,

he fought back, and in so doing revolutionized the way that the industry does

public outreach, social media, and grass roots campaign activities. In fact,

recognizing this, ABC began partnering with Mr. Blaylock as early as January,

2017, and the proof is simply in the results. The coordinated efforts were

essential in the legislative fights nationally in big states where the industry was

able to defeat no-money bail legislation such as California and Texas.

CHRIS BLAYLOCK VIDEO HERE

Kristina McCool Kristina McCool is the Operations Manager of the Tower (Mississippi’s only facility specializing in the long term care of Human Trafficking survivors). She has been an advocate for victims and survivors for over a decade and will continue spreading awareness every chance she gets. KRISTINA MCCOOL VIDEO HERE

Hal Kittrell District Attorney 15th Circuit Court

Hal Kittrell is the District Attorney of the 15th Circuit Court District, which comprises Jefferson Davis, Lamar, Lawrence, Marion, and Pearl River counties. He was appointed District Attorney by Governor Haley Barbour in January, 2007, and has subsequently been twice elected to the position. He served as an Assistant District Attorney for the 15th District for seven years prior to assuming the position of District Attorney. Mr. Kittrell received his Bachelor of Business Administration from the University of Mississippi in 1980. He received his Juris Doctorate from the University of Mississippi School of Law and was admitted to practice law in the State of Mississippi in 1984. He was engaged in the private practice of law for 16 years before joining the District Attorney’s Office. During that time he served as the Informal Adjustment Officer for the Marion County Youth Court and also served as a part-time Marion County Public Defender. Mr. Kittrell is a Fellow of the Mississippi Bar Foundation. He has served on the Character and Fitness Committee of the Mississippi Board of Bar Admissions for the past 20 years and has previously served as a Commissioner of the Mississippi Bar and past president of the Marion County Bar Association. He presently serves on the Bench/Bar Liaison Committee and is a Section Officer for the Prosecutors Section of the Mississippi Bar and a former member of the Board of Directors of the Mississippi Prosecutors Association. Mr. Kittrell is an active member of First United Methodist Church of Columbia. He serves as Chairman of Administrative Council. He has formerly served as Chairman of Finance and Staff-Parish Relations. Mr. Kittrell spoke mainly about the current legislative session, and the

repercussions of HB 585 passed in 2014.

HAL KITTRELL VIDEO HERE

III. Mississippi Code 99-5

Insert Judge Johnson 99-5 Section 1-9 video

§ 99-5-1. Form of bail; professional and soliciting bail

agents to provide certain additional information;

penalties.

Bail may be taken in the following form, viz:

“State of Mississippi, _______________________County.

We ________________________, principal, and________________________ and _______________________, sureties, agree to pay the State of Mississippi ______________________ Dollars, unless the said ____________________________ shall appear at the next term of the Circuit Court of _______________________ County, and there remain from day to day and term to term until discharged by law, to answer a charge of ______________________________.

Signed _________________ Approved ____________________ ____________________ ”

When the bail is for appearance before any committing court or a judge, the form may be varied to suit the condition.

When a bond is taken from a professional bail agent, the following must be preprinted or stamped clearly and legibly on the bond form: full name of the

professional bail agent, Department of Insurance license number, full and

correct legal address of the professional bail agent and complete phone number of the professional bail agent. In addition, if the bond is posted by a

limited surety professional bail agent, the name of the insurer, the legal address of the insurer on file with the department and phone number of the

insurer must be preprinted or stamped, and a true and correct copy of an individual’s power of attorney authorizing the agent to post such bond shall

be attached. If the bond is taken from a soliciting bail agent, the full name of the

soliciting bail agent and the license number of such agent must be preprinted or stamped clearly and legibly along with all information required

for a professional bail agent and a true and correct copy of an individual’s

power of attorney authorizing such soliciting bail agent to sign the name of the professional bail agent.

Any professional bail agent and/or soliciting bail agents who issue a bail bond that does not contain this required information may have their license

suspended up to six (6) months and/or be fined not more than One Thousand Dollars ($1,000.00) for the first offense, may have their license

suspended up to one (1) year and/or be fined not more than Five Thousand Dollars ($5,000.00) for the second offense and shall have their license

permanently revoked if they commit a third offense. The court or the clerk of the court shall notify the department when any

professional bail agent or soliciting bail agent or insurer issues a bail bond that contains information that misleads a court about the proper delivery by

personal service or certified mail of a writ of scire facias, judgment nisi or final judgment.

§ 99-5-3. Form of bail; taken in open court by entry on

minutes.

Bail taken in open court may be entered on the minutes as follows, to wit: “The State No. _______________________ v.

A. B.

“Came the said A. B. and C. D. and E. F. and agreed to pay the state of Mississippi __________________ dollars, unless the said A. B. shall appear at the present term of this court, and remain from day to day, and from term to term until discharged by law, to answer a charge of ________________________ .”

§ 99-5-5. Bonds to be made payable to state; effect;

expiration and renewal.

All bonds and recognizances taken for the appearance of any party, either as defendant, prosecutor, or witness in any criminal proceeding or matter, shall

be made payable to the state, and shall have the effect to bind the accused and his sureties on the bond or recognizance until the principal shall be

discharged by due course of law, and shall be in full force, from term to term, for a period of three (3) years, except that a bond returnable to the

Supreme Court shall be in full force for a period of five (5) years. If it is necessary to renew a bond, it shall be renewed without additional premium.

At the end of the applicable period, a bond or recognizance that is not renewed shall expire and shall be uncollectible unless the collection process

was started on or before the expiration date of such bond or recognizance. Any bond or recognizance taken prior to July 1, 1996, shall expire on July 1,

1999. If a defendant is charged with multiple counts in one (1) warrant only

one (1) bond shall be taken.

§ 99-5-7. Fidelity or surety insurance company may give

bail.

Bail may be given to the sheriff or officer holding the defendant in custody,

by a fidelity or surety insurance company authorized to act as surety within the State of Mississippi. Any such company may execute the undertaking as

surety by the hand of officer or attorney authorized thereto by a resolution of its board of directors, a certified copy of which, under its corporate seal,

shall be on file with the clerk of the circuit court and the sheriff of the county, and such authority shall be deemed in full force and effect until

revoked in writing by notice to said clerk and sheriff.

§ 99-5-9. Cash bail bond.

(1) In addition to any type of bail allowed by statute, any committing court,

in its discretion, may allow any defendant, to whom bail is allowable, to

deposit cash as bail bond in lieu of a surety or property bail bond, by depositing such cash sum as the court may direct with the sheriff or officer

having custody of defendant, who shall receipt therefor and who shall forthwith deliver the said monies to the county treasurer, who shall receipt

therefor in duplicate. The sheriff, or other officer, upon receipt of the county treasurer, shall forthwith deliver one (1) copy of such receipt to the

committing court who shall then order the release of such defendant.

(2) The order of the court shall set forth the conditions upon which such cash

bond is allowed and shall be determined to be the agreement upon which

the bailee has agreed. (3) The sums received by the county treasurer shall be deposited by him in a

special fund to be known as “Cash Bail Fund,” and shall be received by him

subject to the terms and conditions of the order of the court. (4) If the committing court authorizes bail by a cash deposit under

subsection (1) of this section, but anyone authorized to release a criminal defendant allows the deposit of an amount less than the full amount of the

bail ordered by the court, the defendant may post bail by a professional bail

agent in an amount equal to one-fourth (¼) of the full amount fixed under subsection (1) or the amount of the actual deposit whichever is greater.

Insert Judge Johnson 99-5-25 video here

§ 99-5-25. Forfeiture of bond; scire facias. (1)

(a) The purpose of bail is to guarantee appearance and a bail bond shall not be forfeited for any other reason. (b) If a defendant in any criminal case, proceeding or matter fails to appear for any proceeding as ordered by the court, then the court shall order the bail forfeited and a judgment nisi and a bench warrant issued at the time of nonappearance. The clerk of the court shall notify the surety of the forfeiture by writ of scire facias, with a copy of the judgment nisi and bench warrant attached thereto, within ten (10) working days of

such order of judgment nisi either by personal service or by certified mail. Failure of the clerk to provide the required notice within ten (10) working days shall constitute prima facie evidence that the order should be set aside. Any felony warrant issued by a court for nonappearance shall be put on the National Crime Information Center (NCIC) until the defendant is returned to custody. (c) The judgment nisi shall be returnable for ninety (90) days from the date of issuance. If during such period the defendant appears before the court, or is arrested and surrendered, then the judgment nisi shall be set aside and a copy of the judgment that is set aside shall be served on the surety by personal service or certified mail. If the surety produces the defendant or provides to the court reasonable mitigating circumstances upon such showing, then the forfeiture shall not be made final. If the forfeiture is made final, a copy of the final judgment shall be served on the surety within ten (10) working days by either personal service or certified mail. Reasonable mitigating circumstances shall be that the defendant is incarcerated in another jurisdiction, that the defendant is hospitalized under a doctor’s care, that the defendant is in a recognized drug rehabilitation program, that the defendant has been placed in a witness protection program and it shall be the duty of any such agency placing such defendant into a witness protection program to notify the court and the court to notify the surety, or any other reason justifiable to the court. (d) Execution upon the final judgment shall be automatically stayed for ninety (90) days from the date of entry of the final judgment. If, at any time before execution of the final judgment, the defendant appears in court either voluntarily or in custody after surrender or arrest, the court shall on its own motion direct that the forfeiture be set aside and the bond exonerated as of the date the defendant first appeared in court.

(2) If a final judgment is entered against a surety licensed by the Department of Insurance and has not been set aside after ninety (90) days, or later if such time is extended by the court issuing the judgment nisi, then the court shall order the department to revoke the authority of the surety to write bail bonds. The commissioner shall, upon notice of the court, notify the surety within five (5) working days of receipt of revocation. If after ten (10) working days of such notification the revocation order has not been set aside by the court, then the commissioner shall revoke the authority of the surety and all agents of the surety and shall notify the sheriff of every county of such revocation. (3) If within eighteen (18) months of the date of the final forfeiture the defendant appears for court, is arrested or surrendered to the court, or if the defendant is found to be incarcerated in another jurisdiction and a hold order placed on the defendant, then the amount of bail, less reasonable extradition cost, excluding attorney fees, shall be refunded by the court upon application by the surety.

Insert Judge Johnson 99-5-27 video here

§ 99-5-27. Bail agent may arrest and surrender principal;

return of defendant out on bond.

(1) (a) “Surrender” means the delivery of the defendant, principal on

bond, physically to the sheriff or chief of police or in his absence, his jailer, and it is the duty of the sheriff or chief of police, or his jailer, to

accept the surrender of the principal when presented and such act is complete upon the execution of verbal or written surrender notice

presented by a bail agent and shall relieve the bail agent of liability on the principal’s bond.

(b) A bail agent may surrender the principal if the principal is found to

be detained on another charge. If the principal is found incarcerated in another jurisdiction, the bail agent may surrender him by verbal or

written notice of surrender to the sheriff or chief of police, or his jailer, of that jurisdiction and the notice of surrender shall act as a “Hold

Order” and upon presentation of written surrender notice to the court of proper jurisdiction, the court shall order a “Hold Order” placed on

the principal for the court and shall relieve the bail agent of liability on the principal’s bond, with the provision that, upon release from

incarceration in the other jurisdiction, return of the principal to the

sheriff shall be the responsibility of the bail agent. The bail agent shall satisfy the responsibility to return a principal held by a “Hold Order” in

another jurisdiction upon release from the other jurisdiction either by personally returning the principal to the sheriff at no cost to the county

or, where the other jurisdiction will not release the principal to any person other than a law enforcement officer, by reimbursing to the

county the reasonable cost of the return of the principal, not to exceed the cost that would be entailed if the first option were available.

(c) The surrender of the principal by the bail agent, within the time

period provided in Section 99-5-25, shall serve to discharge the bail agent’s liability to the State of Mississippi and any of its courts; but if

this is done after forfeiture of the bond or recognizance, the court shall set aside the judgment nisi or final judgment upon filing of surrender

notice by the bail agent. (2)

(a) A bail agent, at any time, may surrender the principal to any law

enforcement agency or in open court in discharge of the bail agent’s liability on the principal’s bond if the law enforcement agency that was

involved in setting the original bond approves of such surrender, to the

State of Mississippi and any of its courts and at any time may arrest and transport its principal anywhere or may authorize another to do

so, may be assisted by any law enforcement agency or its agents anywhere upon request of bail and may receive any information

available to law enforcement or the courts pertaining to the principal for the purpose of safe surrender or for any reasonable cause in order

to safely return the principal to the custody of law enforcement and the court.

(b) A bail agent, at any time, may arrest its principal anywhere or

authorize another to do so for the purpose of surrender of the principal on bail bond. Failure of the sheriff or chief of police or his jailer, any

law enforcement agency or its agents or the court to accept surrender by a bail agent shall relieve the bail agent of any liability on the

principal’s bond, and the bond shall be void. (3) A bail agent, at any time, upon request by the defendant or others on

behalf of the defendant, may privately interview the defendant to obtain

information to help with surrender before posting any bail bond on behalf of

the defendant. All licensed bail agents shall have equal access to jails or detention facilities for the purpose of such interviews, the posting of bail

bonds and the surrender of the principal. (4) Upon surrender, the court, after full review of the defendant and the

pending charges, in open court, may discharge the prisoner on his giving

new bail, but if he does not give new bail, he shall be detained in jail.

IV. COVID – 19 Preparedness

Getting your workplace ready for COVID-19

In January 2020 the World Health Organization (WHO) declared the outbreak of a

new coronavirus disease in Hubei Province, China to be a Public Health

Emergency of International Concern. WHO stated there is a high risk of the 2019

coronavirus disease (COVID-19) spreading to other countries around the world.

WHO and public health authorities around the world are taking action to contain

the COVID-19 outbreak. However, long term success cannot be taken for granted.

All sections of our society – including businesses and employers – must play a role

if we are to stop the spread of this disease.

How COVID-19 spreads

When someone who has COVID-19 coughs or exhales they release droplets of

infected fluid. Most of these droplets fall on nearby surfaces and objects - such as

desks, tables or telephones. People could catch COVID-19 by touching

contaminated surfaces or objects – and then touching their eyes, nose or mouth.

If they are standing within one meter of a person with COVID-19 they can catch it

by breathing in droplets coughed out or exhaled by them. In other words, COVID-

19 spreads in a similar way to flu. Most persons infected with COVID-19

experience mild symptoms and recover. However, some go on to experience

more serious illness and may require hospital care. Risk of serious illness rises

with age: people over 40 seem to be more vulnerable than those under 40.

People with weakened immune systems and people with conditions such as

diabetes, heart and lung disease are also more vulnerable to serious illness.

This document gives advice on:

1. Simple ways to prevent the spread of COVID-19 in your workplace

2. How to manage COVID-19 risks when organizing meetings & events

3. Things to consider when you and your employees travel

4. Getting your workplace ready in case COVID-19 arrives in your community

1. Simple ways to prevent the spread of COVID-19 in your workplace

The low-cost measures below will help prevent the spread of infections in your

workplace, such as colds, flu and stomach bugs, and protect your customers,

contractors and employees.

Employers should start doing these things now, even if COVID-19 has not

arrived in the communities where they operate. They can already reduce

working days lost due to illness and stop or slow the spread of COVID-19 if it

arrives at one of your workplaces.

• Make sure your workplaces are clean and hygienic

o Surfaces (e.g. desks and tables) and objects (e.g. telephones,

keyboards) need to be wiped with disinfectant regularly

o Why? Because contamination on surfaces touched by employees and

customers is one of the main ways that COVID-19 spreads

• Promote regular and thorough hand-washing by employees, contractors

and customers

o Put sanitizing hand rub dispensers in prominent places around the

workplace. Make sure these dispensers are regularly refilled

o Display posters promoting hand-washing – ask your local public

health authority for these or look on www.WHO.int.

o Combine this with other communication measures such as offering

guidance from occupational health and safety officers, briefings at

meetings and information on the intranet to promote hand-washing

o Make sure that staff, contractors and customers have access to

places where they can wash their hands with soap and water

o Why? Because washing kills the virus on your hands and prevents the

spread of COVID19

• Promote good respiratory hygiene in the workplace

o Display posters promoting respiratory hygiene. Combine this with

other communication measures such as offering guidance from

occupational health and safety officers, briefing at meetings and

information on the intranet etc.

o Ensure that face masks1 and / or paper tissues are available at your

workplaces, for those who develop a runny nose or cough at work,

along with closed bins for hygienically disposing of them

o Why? Because good respiratory hygiene prevents the spread of

COVID-19

• Advise employees and contractors to consult national travel advice before

going on business trips.

• Brief your employees, contractors and customers that if COVID-19 starts

spreading in your community anyone with even a mild cough or low-grade

fever (37.3 C or more) needs to stay at home. They should also stay home

(or work from home) if they have had to take simple medications, such as

paracetamol/acetaminophen, ibuprofen or aspirin, which may mask

symptoms of infection

o Keep communicating and promoting the message that people need

to stay at home even if they have just mild symptoms of COVID-19.

o Display posters with this message in your workplaces. Combine this

with other communication channels commonly used in your

organization or business.

1 Ordinary surgical face masks rather than N95 face masks

o Your occupational health services, local public health authority or

other partners may have developed campaign materials to promote

this message

o Make clear to employees that they will be able to count this time off

as sick leave.

2. How to manage COVID-19 risk when organizing meetings & events

Why do employers and organizers need to think about COVID-19?

Organizers of meetings and events need to think about the potential risk from

COVID-19 because:

• There is a risk that people attending your meeting or event might be

unwittingly bringing the COVID-19 virus to the meeting. Others might be

unknowingly exposed to COVID-19.

• While COVID-19 is a mild disease for most people, it can make some very

ill. Around 1 in every 5 people who catch COVID-19 needs hospital

treatment.

Key considerations to prevent or reduce COVID-19 risks

BEFORE the meeting or event

• Check the advice from the authorities in the community where you plan to

hold the meeting or event. Follow their advice.

• Develop and agree a preparedness plan to prevent infection at your

meeting or event.

o Consider whether a face-to-face meeting or event is needed. Could it

be replaced by a teleconference or online event?

o Could the meeting or event be scaled down so that fewer people

attend?

o Ensure and verify information and communication channels in

advance with key partners such as public health and health care

authorities.

o Pre-order sufficient supplies and materials, including tissues and hand sanitizer

for all participants. Have surgical masks available to offer anyone who

develops respiratory symptoms.

o Actively monitor where COVID-19 is circulating. Advise participants in

advance that if they have any symptoms or feel unwell, they should

not attend.

o Make sure all organizers, participants, caterers and visitors at the

event provide contact details: mobile telephone number, email and

address where they are staying. State clearly that their details will be

shared with local public health authorities if any participant becomes

ill with a suspected infectious disease. If they will not agree to this

they cannot attend the event or meeting.

• Develop and agree a response plan in case someone at the meeting

becomes ill with symptoms of COVID-19 (dry cough, fever, malaise). This

plan should include at least:

o Identify a room or area where someone who is feeling unwell or has

symptoms can be safely isolated o Have a plan for how they can be

safely transferred from there to a health facility.

o Know what to do if a meeting participant, staff member or service

provider tests positive for COVID-19 during or just after the meeting

o Agree the plan in advance with your partner healthcare provider or

health department.

DURING the meeting or event

• Provide information or a briefing, preferably both orally and in writing, on

COVID-19 and the measures that organizers are taking to make this event

safe for participants.

o Build trust. For example, as an icebreaker, practice ways to say hello

without touching.

o Encourage regular hand-washing or use of an alcohol rub by all

participants at the meeting or event

o Encourage participants to cover their face with the bend of their

elbow or a tissue if they cough or sneeze. Supply tissues and closed

bins to dispose of them in.

o Provide contact details or a health hotline number that participants

can call for advice or to give information.

• Display dispensers of alcohol-based hand rub prominently around the

venue.

• If there is space, arrange seats so that participants are at least one meter

apart.

• Open windows and doors whenever possible to make sure the venue is well

ventilated.

• If anyone who starts to feel unwell, follow your preparedness plan or call

your hotline.

o Depending on the situation in your area, or recent travel of the

participant, place the person in the isolation room. Offer the person

a mask so they can get home safely, if appropriate, or to a designated

assessment facility.

• Thank all participants for their cooperation with the provisions in place.

AFTER the meeting

1. Retain the names and contact details of all participants for at least one

month. This will help public health authorities trace people who may have

been exposed to COVID-19 if one or more participants become ill shortly

after the event.

2. If someone at the meeting or event was isolated as a suspected COVID-19

case, the organizer should let all participants know this. They should be

advised to monitor themselves for symptoms for 14 days and take their

temperature twice a day.

3. If they develop even a mild cough or low-grade fever (i.e. a temperature of

37.3 C or more) they should stay at home and self-isolate. This means

avoiding close contact (1 meter or nearer) with other people, including

family members. They should also telephone their healthcare provider or

the local public health department, giving them details of their recent

travel and symptoms.

4. Thank all the participants for their cooperation with the provisions in place.

3. Things to consider when you and your employees travel

• Before traveling

o Make sure your organization and its employees have the latest

information on areas where COVID-19 is spreading. You can find this at

https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-

reports/ o Based on the latest information, your organization should

assess the benefits and risks related to upcoming travel plans.

o Avoid sending employees who may be at higher risk of serious illness

(e.g. older employees and those with medical conditions such as

diabetes, heart and lung disease) to areas where COVID-19 is

spreading.

o Make sure all persons travelling to locations reporting COVID-19 are

briefed by a qualified professional (e.g. staff health services, health

care provider or local public health partner)

o Consider issuing employees who are about to travel with small

bottles (under 100 CL) of alcohol-based hand rub. This can facilitate

regular hand-washing.

• While traveling:

o Encourage employees to wash their hands regularly and stay at least

one meter away from people who are coughing or sneezing o Ensure

employees know what to do and who to contact if they feel ill while

traveling.

o Ensure that your employees comply with instructions from local

authorities where they are traveling. If, for example, they are told by

local authorities not to go somewhere they should comply with this.

Your employees should comply with any local restrictions on travel,

movement or large gatherings.

• When you or your employees return from traveling:

o Employees who have returned from an area where COVID-19 is

spreading should monitor themselves for symptoms for 14 days and

take their temperature twice a day.

o If they develop even a mild cough or low grade fever (i.e. a

temperature of 37.3 C or more) they should stay at home and self-

isolate. This means avoiding close contact (one meter or nearer) with

other people, including family members. They should also telephone

their healthcare provider or the local public health department,

giving them details of their recent travel and symptoms.

4. Getting your workplace ready in case COVID-19 arrives in your community

• Develop a plan of what to do if someone becomes ill with suspected

COVID-19 at one of your workplaces

o The plan should cover putting the ill person in a room or area where

they are isolated from others in the workplace, limiting the number

of people who have contact with the sick person and contacting the

local health authorities.

o Consider how to identify persons who may be at risk, and support

them, without inviting stigma and discrimination into your

workplace. This could include persons who have recently travelled to

an area reporting cases, or other personnel who have conditions that

put them at higher risk of serious illness (e.g. diabetes, heart and

lung disease, older age).

o Tell your local public health authority you are developing the plan

and seek their input.

• Promote regular teleworking across your organization. If there is an

outbreak of COVID-19 in your community the health authorities may advise

people to avoid public transport and crowded places. Teleworking will help

your business keep operating while your employees stay safe.

• Develop a contingency and business continuity plan for an outbreak in the

communities where your business operates

o The plan will help prepare your organization for the possibility of an

outbreak of COVID19 in its workplaces or community. It may also be

valid for other health emergencies

o The plan should address how to keep your business running even if a

significant number of employees, contractors and suppliers cannot

come to your place of business - either due to local restrictions on

travel or because they are ill.

o Communicate to your employees and contractors about the plan and

make sure they are aware of what they need to do – or not do –

under the plan. Emphasize key points such as the importance of

staying away from work even if they have only mild symptoms or

have had to take simple medications (e.g. paracetamol, ibuprofen)

which may mask the symptoms

o Be sure your plan addresses the mental health and social

consequences of a case of COVID-19 in the workplace or in the

community and offer information and support.

o For small and medium-sized businesses without in-house staff health

and welfare support, develop partnerships and plans with your local

health and social service providers in advance of any emergency.

o Your local or national public health authority may be able to offer

support and guidance in developing your plan.

Remember:

Now is the time to prepare for COVID-19. Simple precautions and planning can

make a big difference. Action now will help protect your employees and your

business.

How to stay informed:

Find the latest information from WHO on where COVID-19 is spreading:

https://www.who.int/emergencies/diseases/novel-coronavirus-

2019/situation-reports/ Advice and guidance from WHO on COVID-19

https://www.who.int/emergencies/diseases/novel-coronavirus-2019

https://www.epi-win.com/

V. Terminology

ACCESSORY - Person who contributes to or aids in the commission of a criminal

act.

ACQUIT - To set free or judicially discharge from an accusation.

ADJUDICATE - To decide a matter based on evidence presented to a court.

AFFIDAVIT - A written statement given voluntarily under oath before a notary

public or other official authorized to administer oaths.

AGENCY - Relationship in which one person acts on behalf of another with the

authority of the latter.

AKA - Short for "also known as". May designate an assumed name, a maiden

name or a nickname. Compare to "Alias".

ALLEGATION - An assertion of fact. A statement which some party to a court

action expects to be able to prove.

ALIAS - An assumed name.

APPEAL - The act of asking a higher court to review the judgment of a lower

court and to reverse the lower court's decision or to grant a new trial.

APPEAL DE NOVO - See "De Novo"

APPEAL BOND - operates as a bail bond for the appellant in a criminal case. The conditions are that the defendant will prosecute the appeal and that he will surrender himself to serve the sentence if the lower court is upheld.

APPEARANCE BOND - In a criminal proceeding, guarantees that the defendant wilt appear in court each and every time he is ordered to do so until the case is disposed of by the court. See also "bail bond" and "secured appearance bond".

APPELLANT - Person who brings an appeal.

APPELLEE - Party against whom an appeal is brought.

ARRAIGNMENT — A time when the defendant is advised of the charge and

enters a plea.

ATTORNEY—IN-FACT - One who is the agent or representative of another and is

given authority to act in that person's place and name. The document granting

this authority is called a power of attorney.

AUTHORITY, ACTUAL - The authority the public may reasonably believe an agent

to have.

AUTHORITY, EXPRESS - Same as "actual authority".

BAIL - Monetary or other form of security given to ensure the appearance of a

defendant at every stage of the proceeding. Sometimes used to denote any form

of pre-trial release.

BAIL BOND - The document executed to secure the release of an individual in

custody of law.

BAIL AGENT - Any person who is paid a fee to execute a bail bond for another.

BAIL ENFORCEMENT AGENT a/k/a BAIL RECOVERY AGENT - A person who is

licensed by the Mississippi Insurance Department and employed by a

professional bail agent to provide assistance in presenting a defendant in court.

The bail enforcement agent may be utilized to keep the defendant under

surveillance and, if necessary, to assist in the apprehension and surrender of the

defendant.

BIND OVER — To hold for trial or presentation to the grand jury.

BOND - Customarily a written instrument in which one party (the obligor) agrees to perform some act for the benefit of a second party (the obligee) and in which a third party (the surety) agrees to pay a sum of money as a penalty if the obligor fails to perform.

BONDSMAN - One who gives surety for another - See Bail Agent.

BUILD-UP FUND - A fund which is held in trust for the surety agent by the

insurance company and into which a portion of all bond premiums are paid.

This fund is normally used to indemnify the company from losses that might

be caused by the agent.

CAPIAS - A writ commanding the arrest of a person so that he/she may be

compelled to appear before the court.

CAPITOL OFFENSE - A felony for which the punishment may be the death

penalty. The most serious of all crimes.

CERTIORARI, WRIT OF — An order to move a case from a lower court to a higher

court for review. Usually used in connection with appeals.

CIRCUMSTANTIAL EVIDENCE - Indirect evidence: secondary facts from which a

conclusion may be drawn.

CODE - An official compilation of all pertinent laws in force.

COLLATERAL SECURITY - Something of value given by, or on behalf of, the

defendant to protect the surety from loss. Usually shortened to "collateral".

COMMISSIONER - When used in this text, designates the Commissioner of

Insurance.

COMMITTING MAGISTRATE - Any judicial officer with the power to commit a

person to jail.

CONDITIONAL FORFEITURE - Entered in a bail bond forfeiture to give the surety

and/or defendant time to explain to the court the reason for the defendant's

failure to appear. Will be finalized on the specified date if the defendant is not

surrendered or a satisfactory explanation is not given. Also called an "order to

show cause" or "conditional judgment". See "Nisi" and "Scire Facias".

CONDITIONAL JUDGMENT - See "conditional forfeiture".

CONCEALMENT - Intentional withholding of facts.

CONSIDERATION - the bargaining portion of a contract.

CONTEMPT BOND - Given in a civil contempt case to guarantee the principal will

obey the orders of the court in the future.

CONTEMPT (OF COURT), CIVIL - A failure to do something in which the court has

ordered for the benefit of another party to the proceeding.

CONTEMPT (OF COURT), CRIMINAL - An act of contempt against the court

itself; usually occurs in the courtroom when the court is in session.

Punishment is usually handed down immediately and bail is not normally

possible.

CORPUS DELCTI - The body of the crime. All the facts and evidence which go into

the commission of a crime.

CONTRACT - A legally binding agreement between two or more parties.

CONVERSION - The unlawful assumption of the ownership of the property of

another. For instance, if a bondsman wore a ring which he was holding as

collateral on a bond, that would constitute conversion.

COURT - The physical place where justice is administered; the judge, or judges,

involved in dispensing justice.

COVERTURE - The legal status of a married woman.

CONVICTION - In a criminal proceeding, the formal finding of guilt against a

defendant by a judge and/or

CORPORATE SURETY - A legal business entity (a company) created for the

purpose of issuing any or all types of bonds.

COSURETIES - Two or more sureties to the same obligation.

COUNTERSIGN - To sign with or on behalf of another. To endorse.

DEFAULT - To fail to do what is required.

DEFENDANT - One who must defend himself in some action at law. In criminal

proceedings, the accused. In criminal surety bonds, the principal.

DELEGATE - To appoint, authorize, or commission.

DE NOVO - A second time. In an appeal de novo (such as when a municipal court

case is appealed to the county court) the higher court simply retries the case as

though it had originated in the county court.

DEPARTMENT - Used in this course to designate the Department of Insurance.

DEPARTMENT OF INSURANCE - A division of the government of the State of

Mississippi which was established to regulate the insurance industry. See

Mississippi Insurance Department.

DISCHARGE - In reference to a surety bond, to fulfill the obligations of the bond.

In bail, the bond is said to be "discharged" when the case is disposed of.

DISPOSITION - In criminal cases, a final settlement, a

termination of the case.

DOCKET - A list of cases on a court's calendar.

DOCKET BOOK - A book used for entering all the cases pending before the court

with brief notes on the progress of each particular case.

DOUBLE JEOPARDY - Being tried twice for the same crime. Forbidden by the

Fifth Amendment to the United States Constitution.

DUE PROCESS - Imprecise term mentioned in the Fifth Amendment to the U.S.

Constitution. It guarantees (more or less) that no person can be deprived of his

property or personal freedom without a fair hearing in a court of law.

EQUITABLE - That which is right and just, as opposed to that which is merely

lawful.

EQUITY - Justice

ESTREAT - The legal process by which a court can call upon the surety to

produce the body of the defendant. If the surety does not comply, the bond is

forfeited.

EVIDENCE - Any form of proof including written documents and testimony from

witnesses.

EXECUTE - To complete and sign a document so that it becomes legally binding.

EXONERATE - To remove a burden or release from a duty.

EXTENUSTING CIRCUMSTANCES - Circumstances which render a crime less

serious than it would otherwise be.

EXRADITE - Latin: "to deliver out".

EXTRADITION - The legal process by which a person who has committed a crime

in one state and fled to another state may be returned to the state where there

crime was committed.

EXTRADITION BOND - Used by the defendant in extradition proceedings to gain his freedom in the arresting state while a decision is being reached on whether or not he will be handed over to the requesting state. Guarantees that he will surrender himself, if ordered to do so, to be returned to the requesting state.

FALSE STATEMENT - See "misstatement".

FALSE SWEARING - A written false statement given under oath before a notary

public or other such official.

FELONY - A crime punishable by death, a life sentence, or term of more than one

(1) year in the state penitentiary, More serious than a misdemeanor.

FIDUCUARY - A person having the legal duty to act primarily for the benefit of

another, usually because the fiduciary is in control of assets of the other. A

bondsman holds collateral security in a fiduciary capacity.

FIERI FACIS - Latin: "That you cause to be made". A common law writ used to

enforce the collection of a final judgment.

FINAL JUDGMENT - The judgment of a court finally setting the entire matter

before it.

FORGERY - The false making or material altering of any writing with intent to

defraud.

FORFIET - To surrender something as a penalty for having failed to comply with a

legally recognized obligation.

FRAUD - Intentional deception resulting in damage to another.

FUGITIVE - One who leaves the jurisdiction of a court or who hides within the

jurisdiction to avoid prosecution.

FUGITIVE BOND See Extradition Bond.

GENERAL AGENT - An individual, partnership or corporation appointed by an

insurance company to supervise the bail business written by the limited surety

agents who are appointed by the company.

GRAND JURY - A body of people selected and summoned to investigate and

inform on crimes committed within its area of concern.

HABEAS CORPUS - Latin: "You have the body".

HABEAS CORPUS BOND - Operates as a bail bond while a decision is being made

as to whether a prisoner is being unlawfully detained. Also may guarantee the

payment of court costs.

HABEAS CORPUS, WRIT OF - Called the "Great Writ". Commands a jailer or other

official to bring a prisoner before the court so that the court may decide the

legality of the detention.

HABITUAL OFFENDER - A career criminal. Any criminal who has two (2) or more

prior convictions.

HEARING - A court proceeding to determine some particular issue within a case,

though occasionally an entire case is settled as a result of the hearing. Less

formal than a trial.

HOLD HARMLESS - To protect from loss or liability, indemnify. Also called "save

harmless".

INCARCERATION - Confinement in a jail or prison.

INDEMNIFY - To secure against loss; to insure; to hold harmless.

INDEMNITOR - One who indemnifies.

INDICTMENT - Formal accusation drawn by a prosecuting attorney and

presented to a grand jury. If the grand jury finds sufficient evidence to believe

that the named accused is guilty of the crime described, it returns a "true bill"

and the accused is said to have been "indicted".

INFORMATION - A written accusation drawn by a prosecuting attorney to accuse

a person of a specific crime. Has the same effect as an indictment, but a grand

jury is not involved.

INJUNCTION - Writ or order by a court prohibiting a certain action by a specific

person or group.

INSTRUMENT - In law, a written document capable of being used as evidence.

INSURANCE - Insurance is a contract between two (2) parties, whereby one

party undertakes to indemnify or guarantee another against loss by a specific

contingency or peril.

INSURER - Party who provides insurance or surety bonds. Any insurance

company authorized to do business in Mississippi.

JUDGMENT - The decision of a court. In cases of forfeiture, the judgment is the

court's order for the surety to pay.

JUDGMENT NISI - As used in bail forfeitures, it is a conditional judgment which

will be made final on a date certain unless the surety can show good reason for

the defendant's failure to appear.

JUMP BAIL — Leaving the jurisdiction, or any other act by a defendant to avoid a

court appearance after a bail bond has been posted.

JURISDICTION - The power to hear and determine a case.

JURISDICTION, APPELLATE - The right of a higher court to hear appeals from

some lower court.

JURISDICTION, ORIGINAL - The right of a court to hear and try a case in the first

place.

JURISDICTION, PERSONAL - The persons over whom a court has authority. Any

Mississippi state court has jurisdiction over any person who is within the state.

JURISDICTION, SUBJECT MATTER - Refers to the types of cases which a

particular court has a right to hear. A probate court is a civil court and cannot

hold criminal trials; therefore it has no criminal jurisdiction.

JURISDICTION, TERRITORIAL - The geographical area over which a court has

authority. A Forrest County court could not try a defendant for a crime

committed in Rankin County.

JURY - A group of people called together to decide an issue at law. See "grand

jury" and "petit jury".

LEVY - A seizure of property which may be sold to satisfy judgment.

LIABILITY - In surety, an obligation which must be performed or otherwise

fulfilled. In the vernacular of bail agent, the face amount of a bond is referred

to as the "liability" and the aggregate total of all undischarged bonds may be

called his/her "total liability".

LIMITED SURETY AGENT - A person who is appointed by an insurance company

to execute or countersign bail bonds on connection with criminal judicial

proceedings.

MAGISTRATE - A public official vested with some part of the judiciary. The term

usually refers to a judge in a lower court, but it is noteworthy that the President

is the chief magistrate of the United States. See also "committing magistrate".

MANDAMUS, WRIT OF - A writ from a higher court ordering a court of lesser

jurisdiction to take some specified action. Latin "we command".

MANDATE - Command from a court directing the enforcement of a judgment,

sentence or other decree.

MANDATORY - Dictated by law or commanded by a higher authority; obligatory.

MATERIAL - Essential to a given matter. In a bail contract, a material false

statement is a lie told by the defendant to persuade a surety to write a bond,

which the surety would not write if the truth were known.

MID - Mississippi Insurance Department

MISAPPROPRIATE - To use funds or property of another for a purpose other

than that which was intended. Compare with "conversion".

MISREPRESENTATION - False statement made during the period of inducement

to sign a contract.

MISSTATEMENT - A falsehood; a lie.

MISSISSIPPI INSURANCE DEPARTMENT (MID) - A division of the government of

the State of Mississippi which was established to regulate the insurance

industry.

MITIGATING CIRCUMSTANCES - Circumstances which do not justify a crime but

which may be considered in reducing the amount of the sentence.

MORAL TURPITUDE - Baseness, vileness, or dishonesty of a high degree (44

So. 2d 802). Demonstrating depravity in the private and social duties a person

owes to society (99 S.W. 2d 1079). The term lacks precision but has been held

not to be unconstitutionally vague (450 F. 2d 1024, 1025). Has been used in

connection with such common crimes as bribery (187 F. Supp. 753) and

larceny (112F.Supp. 324).

MOTION - Application to a court requesting an order of ruling.

NE EXEAT - Latin: "no exit".

NE EXEAT BOND - Allows a defendant to go at large until a civil case is finally

settled. Guarantees he/she will not leave the state.

NE EXEAT REPUBLICA, WRIT OF - Order from a judge in a civil case ordering one

of the parties to be at a specified time and place to satisfy a debt.

NISI - Latin: "unless". Used in law to indicate that a court decree will take effect

at a specified time unless cause is shown why it should not or unless altered by

later proceedings. See "judgment nisi".

NOLLE PROSEQUI - Declaration by the District Attorney that a case will not be

further prosecuted. Also referred to as "nolle"or "nol pros". Releases the surety.

NO INFORMATION - Formal declaration by the District Attorney that

information will not be filed. Similar in effect to a nolle prosequi. Releases the

surety.

NOLO CONTENDRE - Latin: "I do not wish to contend". Not actually a formal

plea, but a statement that a defendant will not offer a defense to an accusation.

Usually treated as a guilty plea by the court.

OATH - An oral pledge to speak the truth.

OBLIGEE - The party to whom some obligation is due. In bail contracts, the

oblige is the State of Mississippi as represented by the courts.

OBLIGOR - The patty who owes the duty or debt; the principal. In bail contracts,

the defendant.

OFFENSE - A crime.

ORDER TO SHOW CAUSE - An order requiring a surety to appear and show cause

(explain) why a final judgment should not be entered after a defendant has

failed to appear. In bail matters, it has essentially the same effect as a "scire

facias", a "judgment Nisi", a "conditional judgment" or a "conditional forfeiture".

PAROLE - A conditional release from imprisonment allowing the convicted

person to spend the remainder of the term (under supervision) outside the

prison if all terms and conditions of the release are complied with.

PECUNIARY - Involving money.

PENAL SUM - See 'penalty".

PENALTY - In surety, the face amount of the bond. The total amount the surety

will be required to pay if the principal defaults. Sometimes called "penal sum"

or "liability".

PERJURY - A false statement made under oath in a judicial proceeding.

PERSONAL RECOGNIZANCE - See "recognizance, release on".

PERSONAL SURETY - One who acts as personal insurer using his own assets to

justify suretyship on criminal appearance bonds.

PETIT JURY - Ordinary trial jury

PLEA - Claim of guilt or innocence made by the defendant in a criminal action.

PLEA BARGAIN - The process by which a defendant and a prosecutor agree to a

mutually satisfactory disposition of a case. Plea bargains are not binding on the

court.

POST CONVICTION BOND - also known as Probation Bonds or Sentencing

Bonds. Appearance bonds ordered as condition of any court ordered

supervision after the defendant has been sentenced that guarantees the

appearance of the defendant before the court to show proof that the sentence

imposed has been completed.

POWER OF ATTORNEY- A written instrument authorizing an agent to perform

certain acts on behalf another

PRECEDENT - A previously decided case which is recognized as the authority for

future similar cases

PRELIMINARY HEARING - A court proceeding conducted for the purpose of

determining whether a defendant should be bound over to grand jury.

PREPONDERANCE OF EVIDENCE - The greater weight of evidence of one party

as compared to the opposing party in a civil action.

PREMIUM - The sum paid to a surety for providing insurance or a surety bond

or bail bond.

PRE-SENTENCE INVESTIGATION - Investigation conducted by the probation

department to assist the court in sentencing a criminal offender. Usually includes

prior convictions; prior arrests; employment history; education, family and social

background.

PRINCIPAL - In a surety contract, the obligor. In contracts of agency, the

principal is the party giving power of attorney to another. In an indemnity

contract, the principal is the indemnitor.

PROFESSIONAL BAIL AGENT - Any bail agent who posts appearance bonds for

others and charges a fee for his services. Mississippi law requires licensure.

PROBABLE CAUSE - Facts sufficient to cause a person of reasonable caution to

believe that a crime has been committed and that a specified person has

committed the crime.

PROBATION - A procedure by which a defendant who has been found guilty of a crime is released by the court without imprisonment. The sentence is subject to conditions ordered by the court and the defendant is under the supervision of a probation officer. If the defendant violates his orders, he/she may be charged

with violation of probation and the imposition of the prison term. Some jurisdictions allow a court to impose a short period of incarceration as a condition of the probation; this is called a split sentence.

PROBATION BOND - See Post Conviction Bond

PRO SE - Short for a Latin term which means "in proper person". Refers to a

person who acts as his own attorney in court.

QUASH - To vacate or void a summons, indictment or court order.

REASONABLE DOUBT - Doubt sufficient to cause a reasonable person to hesitate

before acting in a matter of grave importance.

REBATE - To return part of a fee or payment.

RECOGNIZANCE - A promise; an undertaking.

RECOGNIZANCE, RELEASE ON - Release from jail on the defendant's promise to

appear. Also called 'personal recognizance". Often shortened to "recog" or

"R.O.R.".

RECOVERY AGENT - See Bail Enforcement Agent.

REMAND - To send back.

REVERSAL - Action by a higher court overturning the decision of a lower court.

REMISSION - Release from a debt or obligation; a pardon.

REVIEW - A re-examination by a court, a reconsideration.

REVOKE - To cancel permanently.

RUNNER - See Bail Enforcement Agent.

SCIRE FACIAS - An order to show cause. When used in conjunction with a

Judgment Nisi, it gives the bondsman a specific period of time during which

he may surrender the defendant or present the court with good reasons for

the failure of the defendant to appear as ordered.

SECURITY - Cash, certified funds or a surety's undertaking deposited with the

Clerk of Court to secure an appearance bond.

SECURED APPEARANCE BOND - An appearance bond secured by a deposit with

the Clerk of Court; security equal to the face amount thereof.

SENTENCE - The punishment inflicted by a court on a person who has been

convicted of a crime.

SENTENCES, CONCURRENT - Two (2) or more sentences which are to run at the same time. {If the defendant is sentenced to two (2) concurrent five (5) year sentences, he actually is only obliged to serve five (5) years}.

SENTENCES, CONSECUTIVE - Two (2) sentences which run independently from

each other although served by the same defendant. {A defendant who is

sentenced to two (2) consecutive five (5) year sentences must finish serving one

before beginning to serve the other, for a total of ten (10) years}.

SENTENCES, DEFERRED - A sentence which will not be imposed unless certain

conditions are violated.

SENTENCES, ENHANCEMENT - A term added to the normal length of sentence

because of prior convictions of the defendant for some particularly heinous

aspect of the crime.

SENTENCE, INDETERMINATE - A sentence in which the court does not impose a

definite length of time. A parole board will actually make the decision as to

when to release the defendant but is bound somewhat by state sentencing

guidelines.

SENTENCE MANDATORY — A sentence which is required by state law for a

specific time. The court is given no discretion in such cases. Contractor.

SENTENCE, SPLIT - A sentence which requires a short term of incarceration

followed by a period of probation. A reverse split sentence.

SENTENCED, SUSPENDED - A sentence of the court which will not be imposed

unless the defendant commits another crime during the term of the sentence.

SOLICITING BAIL AGENT - Any person who solicits, advertises, or otherwise

seeks bail bond business or writes and posts bail on behalf of a professional bail

agent. The soliciting bail agent may be an employee of the professional bail

agent or an independent contractor.

STATUTE OF FRAUDS - Name of an English statute requiring that certain types of

contracts must be in writing to be enforced.

SUA SPONTE (Latin: "of his, her, its or their own accord." ) or suo motu describes

an act of authority taken without formal prompting from another party. The

term is usually applied to actions by a judge taken without a prior motion or

request from the parties

SUBROGATE - To substitute one person for another as regards a legal claim.

SUFFICIENCY - Ampleness, adequacy. To "determine the sufficiency of bail"

means to decide whether the assets pledged are at least equal to the amount of

the bond.

SUI JURIS - Latin: "able to contract". Signifies an adult who is able to take care of

himself. Broadly translated, it means: "of legal age and sound mind".

SUO MOTO - (Latin: On its own motion.") Approximately equivalent to the term

sua sponte.

SUPERSEDEAS Latin: "you shall forbear".

SUPERSEDEAS BOND - In criminal proceedings, allows the defendant his/her

freedom during the period on the stay. Guarantees that he/she will surrender on

the specified day.

SUPERSEDEAS, WRIT OF — Writ issued by a higher court to command a delay in,

or stop to the carrying out of some order of a lower court. This writ is commonly

called a "stay".

SURETY - One who agrees to pay money or perform some act if the principal fails

to pay or perform.

SENTENCING BOND - See Post Conviction Bond.

SURETYSHIP - Suretyship is an agreement between three (3) parties who are the

following; the Principal, the Oblige and the Surety.

SURRENDER - The act by which an accused is delivered to the proper authorities.

SURVEILLANCE - Oversight or supervision; observation.

SUSPEND - To put aside temporarily.

THWART - To make impossible.

TRUE BILL - See "indictment".

UNDERTAKING - A promise to perform some act.

UNDERWRITING - To sign one's name thereby assuming a liability to insure the

obligation, such as a surety contract. Also used to denote investigative process

preceding the actual signing of the contract.

VACATE - To render void; to set aside.

VENIRE - Members of a jury panel.

VERDICT - Formal decision of a jury.

VENUE - Specific geographical area in which a court with proper jurisdiction can

hear a case.

VOIR DIRE - To speak the truth. The preliminary examination of a witness, or

juror, as to the person's qualifications to testify or serve.

WAIVER - To voluntarily give up a right of privilege.

WARRANT (OF ARREST) - A written order commanding a sheriff or other law

enforcement officer to seize a named person to answer for a specific offense.

Used interchangeably with "capias". WILLFUL - Intentional and voluntary, as

distinguished from accidental or by force.

WRIT - Any written judicial order.

WRIT OF NE EXEAT REPUBLICA- (Sometimes just Writ of Ne Exeat.) Order from a

judge in a civil case ordering one of the parties to be at a specified time and

place to satisfy a debt.