Mississippi Bail Agents Association Continuing Education ... · When the bail is for appearance...
Transcript of Mississippi Bail Agents Association Continuing Education ... · When the bail is for appearance...
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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
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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.
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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.
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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
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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
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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
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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
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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
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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 ________________________ .”
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§ 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.
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§ 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
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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.
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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.
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(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.
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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
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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
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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
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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?
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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.
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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.
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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.
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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
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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
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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:
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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/
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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".
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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.
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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.
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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
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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
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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.
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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.
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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".
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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.
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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.