Municipal Clerk Manual – Courts with JIS - Chapter 2 - Pre-Trial/Trial Procedures: Bail and Bond

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Municipal Clerk Manual – Courts with JIS

		Section/Rule:	2.2
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	February 1992
Topic:	Bail and Bond	Revised / Effective Date:	February 2016

Municipal Clerk Manual
Courts with JIS
Chapter 2 - 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)
Publication date: February 1992
Revised: February 2016

Quick Index

Bond Qualifications for Compensated Surety
Bond Qualifications for Individual Surety
Clerk’s Duties/Procedures
Types of Bonds
Unclaimed Bonds

Introduction (SCR 37.15)

The posting of a bail bond with law enforcement or the court allows the release of a person from legal custody by giving security for the appearance of a defendant in court. Any person arrested and charged with an ordinance violation shall be entitled to release from custody pending trial.

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 in 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. 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. When a bond is posted at a law enforcement agency, the officer should explain the appearance waiver and written plea of guilty to 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 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 justification is to be attached to the bond and filed by the clerk of the court with the court record. A copy of the affidavit is to be filed alphabetically by the name of the surety in a separate file. The file shall be open to the inspection by any interested party.

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 annually. 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. Upon licensure as a bail bond agent or general bail bond agent, the Department of Insurance will provide the agent with an identification card to be presented to the court upon request as verification of the fact the individual is licensed.

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. The Department of Insurance will maintain an updated list of general bail bond agents having an unsatisfied judgment.

If you have a question about whether or not a bail bond agent is licensed, or has any unsatisfied judgments, you may contact the Department of Insurance, Licensing Supervisor, P.O. Box 690, Jefferson City, Missouri, 65102, or call (573) 751-4126.

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, should be refunded to the party. (Provided the bond form includes the statement advising the party posting the bonds that “…fines, court costs, restitution, and various other fees will be deducted from the cash bond before any money will be refunded.”)

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) 751-0840 or by accessing their website at http://www.treasurer.mo.gov/ucp/Report.pdf. See section 4.4, Unclaimed Funds.

Clerk’s Duties/Procedures

Cash Bonds

1. Date file stamp (SCR 43.02(b)) each Bond form received from Law Enforcement.

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. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Bond with a Case OR Receipting a Bond Without a Case in GOLD)

Note:

If there are multiple payers for the total amount of the bond, receipt each payer’s portion of the bond separately.

3.1 Post the bond amount received to the case.

3.2 Enter one of the following bond codes, as appropriate:

1400 – Cash Bond
1401 – Check Bond
1402 – Money Order Bond
1403 – Credit Card Bond
1404 – Electr Transfer Bond

3.3 Enter one of the following docket codes in the Payment Information block, as appropriate:

BCSH – Bond – Cash Bond Posted Full Amt
BPERC – Bond – Percentage Bond Posted

Note:

Do not use the Docket Code field in the Control Block of CZASPAY when receipting a bond. Bond docket codes entered in the Control block will not be eligible for deletion even if you void the receipt.

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

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Use the following docket code:

ONOTE – Judge/Clerk – Note, to indicate when and to which prosecuting attorney a copy of the bond form was forwarded.

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

Note: Some JIS Courts record non-monetary bonds using the accounting form CZASPAY. Other courts record non-monetary bonds by making a docket entry on CDADOCT. Both options are presented below.

Non-monetary Bond – CZASPAY

Set the Bond

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1 Use the following docket code and enter the bond amount in site-defined:

BSET – Bond Set

Receipt the Bond

1. Date file stamp the bond. Ensure the appropriate signatures are on the bond. If a surety or another party is posting bond on behalf of the personal representative, their signature is also needed on the form.

2. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Bond with a Case OR Receipting a Bond Without a Case in GOLD)

Note:

If there are multiple payers for the total amount of the bond, receipt each payer’s portion of the bond separately.

2.1 Receipt the bond amount received on the case.

2.2 Enter one of the following bond codes, as appropriate:

8210 – Bond – Surety
8212 – Bond – Property
8214 – Bond – Pers Recog
8216 – Bond – Other

2.3 Enter one of the following docket codes:

BOTH – Bond – Other Bond Posted
BPROP – Bond – Property Bond Posted
BPROR – Bond – Released on own Recognizance
BSUR – Surety Bond Posted

Note:

Do not use the Docket Code field in the Control Block of CZASPAY when receipting a bond. Bond docket codes entered in the Control block will not be eligible for deletion even if you void the receipt.

2.4 Issue a receipt to the person posting the bond for the amount received.

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Use the following docket code:

FFILN – Filing, to indicate any documentation received with a property bond.

4. For surety or property bonds, have the person posting the bond file an affidavit of qualifications to post bond and determine whether that person is qualified to post bond. A Special Affidavit of Qualification (CR80) form follows this section.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 Use the following docket code:

FAFFF – Affidavit Filed, to indicate the person posting a surety or property bond completed the Affidavit of Qualification form and is qualified to post the bond.

6. Give a copy of the Bond form to the defendant and, as applicable, the surety or other person who posted the bond on behalf of the defendant.

7. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

7.1 Use the following docket code:

ONOTE – Judge/Clerk – Note, to indicate when and to whom a copy of the bond form was forwarded.

8. File the bond form and any supporting documents in the case file.

9. Forward copies of the bond form to the prosecutor and law enforcement, if required by local practice.

10. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

10.1 Use the following docket code:

ONOTE – Judge/Clerk – Note, to indicate when copies of the bond form were forwarded to the prosecutor and the sheriff.

Non-monetary Bond – CDADOCT

Set the Bond

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1 Use the following docket code and enter the bond amount in site-defined:

BSET – Bond Set

Document Receipt of the Bond

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1 Use the following docket codes to record the surety bond, as appropriate:

FAFFF – Affidavit Filed, to indicate the person posting a personal surety bond completed the affidavit and is qualified to post the bond.
FFILN – Filing, to indicate a power of attorney of the issuing agent is filed.

1.2

Also, enter one of the following docket codes:

BOTH – Bond – Other Bond Posted

BPROP – Bond – Property Bond Posted

BPROR – Bond – Released on own Recognizance

BSUR – Surety Bond Posted

2. Give a copy of the Bond form to the defendant and, as applicable, the surety or other person who posted the bond on behalf of the defendant.

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Use the following docket code:

ONOTE – Judge/Clerk – Note, to indicate when and to whom a copy of the bond form was forwarded.

4. File the bond form and any supporting documents in the case file.

5. Forward copies of the Bond form to the prosecutor and law enforcement, if required by local practice.

6. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

6.1 Use the following docket code:

ONOTE – Judge/Clerk – Note, to indicate when copies of the bond form were forwarded to the prosecutor and the sheriff.

7. 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)