Municipal Clerk Manual – Courts without JIS - Chapter 2 - Pre-Trial/Trial Procedures: Bail and Bond

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Municipal Clerk Manual – Courts without JIS

		Section/Rule:	2.2
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	February 1992
Topic:	Bail and Bond	Revised / Effective Date:	September 2020

Municipal Clerk Manual
Courts Without JIS
Chapter Two – Pre-Trial/Trial Procedures

2.2 – Bail and Bond

References
Statutes: 374.702, 374.710, 374.760, 374.783, 447.595, 544.045 and 544.455, RSMo
Supreme Court Rules: 37.15, 37.29, 37.30, 37.31 and 43.02(b)
Court Operating Rules: N/A
Published: February 1992
Revised: September 2020

Quick Index

Bond Qualifications for Compensated Surety
Bond Qualifications for Individual Surety
Clerk’s Duties/Procedures
Right to Release - Conditions
Types of Bonds
Unclaimed Bonds

Introduction

The posting of a bail-bond with law enforcement or the court allows the release of a defendant from legal custody by giving security for the appearance of a defendant in court.

Bond Accepted by the Court Clerk at the Clerk’s Office

The court may only accept a bond if the court's defendant is being held in the municipality's jail or contracted jail. The clerk shall complete the bond paperwork (see clerk duties below) and provide a copy to the poster of the bond to take to the municipality's jail or contracted jail for the release of the defendant.

If the court's defendant is being held in another jail, the court may not accept the bond. Bond must be posted at the jail in which the defendant is in custody.

Right to Release – Conditions (SCR 37.15)

A defendant arrested for an ordinance violation shall be entitled to be release from custody pending trial or other stage of proceedings. The defendant is also entitled to be released pending trial de novo, review and appeal. As each court enters a judgment, it shall review the conditions of release and may modify them.

The defendant’s release shall be upon the conditions that:

1. The defendant will appear in the court in which the case is prosecuted or appealed, from time to time as required to answer the charge

2. The defendant will submit to the orders, judgment and sentence, and process of the court having jurisdiction over the defendant;

3. The defendant shall not commit any new offenses and shall not tamper with any victim or witness in the case, nor have any person do so on the defendant’s behalf; and

4. The defendant will comply fully with any and all conditions imposed by the court in granting release.

The court shall release the defendant on the defendant’s own recognizance subject only
to the conditions above with no additional conditions of release unless the court determines such release will not secure the appearance of the defendant at trial, or at any other stage of the proceedings or the safety of the community or other person, including but not limited to the victims and witnesses. If the court determines, it shall set and impose additional conditions of release

If the court determines that no combination of non-monetary or monetary conditions will secure the safety of the community or other person, including but not limited to the victims and witnesses, then the court shall order the defendant detained pending trial or any other sage of the proceedings. .

In determining whether to detain or release the defendant the court shall make determination on individual circumstances of the defendant and the case.

A court detaining or releasing the defendant shall enter an order stating the condition or combination of conditions of release, if any set and imposed by the court.

Types of Bonds (Section 544.045 and 544.455, RSMo; SCR 37.15)

1. Personal Surety Bond – The defendant is placed in the custody of a designated person who signs the bond, along with the defendant, and who becomes financially responsible for the amount of the bond in the event the defendant fails to appear.

2. Corporate Surety – The accused's appearance is guaranteed by an approved corporate surety.

3. Cash Bond – The deposit of cash for the entire amount of the bond.

4. Percentage Bond – The deposit of cash in the amount of 10% of the stated amount or such lesser sum as the judge directs.

5. Personal Recognizance – Signed by the defendant being held who is released on good behavior, binding the defendant to the State of Missouri in the sum of a certain amount of money to be levied on the goods, chattels, and other property of the defendant if he/she fails to appear.

6. Unsecured Bond – Requires the defendant pay a sum certain, in the event the defendant should default on the bond, but does not require an upfront payment to be deposited.

7. Appearance Waiver – Many courts use bond forms which include a statement for an appearance waiver and written plea of guilty. The statement is only used for traffic cases which do not require an appearance by the defendant.

Bond Qualifications for Individual Surety (SCR 37.29)

1. A person shall not be accepted as a surety on any bail bond unless he/she is licensed by the Department of Insurance, a reputable person, over 21 years old and a resident of Missouri, has a net worth in excess of exemptions at least equal to the bond, has not, within the past 15 years been convicted of a felony, and has no outstanding forfeitures or unsatisfied judgments on any other bail bonds.

2. No lawyer, elected or appointed official or employee of the state, county or other political subdivision thereof shall be accepted as a surety on any bail bond unless the principal is a spouse, child or family member.

Bond Qualifications for Compensated Surety (Sections 374.702, 374.710, 374.760 and 374.783, RSMo; SCR 37.30 and 37.31)

1. Any surety who charges or receives compensation for signing a bond must specify by affidavit they possess the qualifications required in Supreme Court Rules 37.29 and 37.30. The General Affidavit of Qualifications (CR80) and Questionnaire (CR90) are provided at the end of this section.

2. The affidavit of qualifications should be attached to the bond and filed by the clerk of the court with the court record.

3. Per section 374.710, RSMo, anyone acting as a bail bond agent or general bail bond agent shall be licensed by the Missouri Department of Insurance and shall renew the license every two years. These requirements do not prohibit any person from posting or otherwise providing a bail bond in connection with any legal proceedings provided the person receives no fee or other consideration for doing so.

4. Per Section 374.760, RSMo, each general bail bond agent shall file a sworn affidavit with the Department of Insurance within the first 10 days of each month stating there are no unsatisfied judgments against him. Such affidavits shall be in the form and manner prescribed by the department.

If you have a question about whether or not a bail bond agent is licensed, or has any unsatisfied judgments, - contact the Department of Insurance, Licensing Section, P.O. Box 690, Jefferson City, Missouri, 65102, at (573) 751-3518 or email licensing@insurance.mo.gov.

Note: The licensing requirements described above are not a substitution for those requirements imposed by the local court. The licensing requirements are in addition to local requirements.

Unclaimed Bonds (Section 447.595, RSMo)

Upon the termination of the court proceedings or probation period any bond being held by the court, less any outstanding court costs (see MU40), should be refunded to the party.

Each court should establish a policy concerning what attempts will be made to return the money to the bond party when the bond refund check is not cashed or is returned to the court as undeliverable.

According to Section 447.595, RSMo, a bond that is unclaimed one year after the date it is due to be refunded shall be remitted to the Office of Missouri State Treasurer, Unclaimed Properties Section. Unclaimed bond money can be remitted to the Unclaimed Property Section at any time and courts are not required to wait one year to remit the funds. The required form, instructions and general assistance can be obtained by calling the Unclaimed Property Division at (573) 751-8533 or by accessing their website at http://www.treasurer.mo.gov. See section 4.4 - Unclaimed Funds, of this manual, for further instructions..

Clerk’s Duties/Procedures

Cash Bonds

1. Date file stamp (SCR 43.02(b)) each Bond form received from Law Enforcement. The court shall provide law enforcement with the appropriate bond for (MU05)

2. Depending on the situation, file in the existing case file or place in the new case file when it is prepared. Make sure the case number is on the Bond form before filing.

3. Issue a receipt to the police department for the total amount received for each case or defendant.

4. Forward a copy of the bond form to the prosecutor if required by local court rule.

Surety Bonds, Property Bonds, Personal Recognizance (Non-monetary type bonds)

1. File the bond and any supporting documents in the case file.

Forms
MU 05 Bond
CR 80 General Affidavit of Qualifications (Attorney-In-Fact)
CR 90 General Affidavit - Questionnaire (Bondsman)