Important Idaho DOI Notice:  In an effort to enhance the services which are available to insurance producers and companies through the website, the Idaho Department of Insurance is implementing a new licensing data base system known as Sircon for States. Since September 18th, 2007, you will have noticed changes to the Department’s online licensing services, including many more options for electronic transactions. Idaho renews licenses for a two-year period. Renewals may be processed 45 days prior to the expiration date via the Website. Resident producers must complete 24 hours of approved continuing education including three hours of law/ethics credit. They are also taking the opportunity with this conversion to transition to a birth-month renewal. All Individual licenses renewed or reinstated after the go-live date of September 18th will be converting to a birth-month renewal for the following renewal period. Your next renewal date may be anywhere from 21 to 32 months from the date of your current expiration date and will fall within your birth month. Once converted, all subsequent renewals will be two years from your first birth month renewal date. The amount of continuing education due for residents and the cost of renewal will not change with this transition. License numbers will no longer begin with letters, and leading zeros have been dropped. For example, license number BA012345 will become 12345. Note from the Editor: Please take the opportunity to check out all of the changes. While you are there up date your personal information. Did you know by law you only have thirty (30) days to register a change of your address with the state of Idaho?  http://www.doi.idaho.gov/   Pot Legal in Idaho Hailey, Idaho 11/6/07 Voters approved 3 out of 4 marijuana legalization or reform initiatives The vote was close, but approval of initiatives to legalize medical use of marijuana, to make enforcement of marijuana laws the city's lowest police priority and to legalize industrial use of hemp passed. The initiative that failed would have mandated the city to regulate and tax marijuana sales. The 3 approved initiatives require a Community Oversight Committee to work out the details for implementation. The initiatives further require that the city of Hailey lobby other branches of government for the reform of marijuana laws. Proponents won a major victory in September 2006 when the Idaho Supreme Court ruled that municipalities do not have the right to determine the constitutionality of proposed initiatives. Note from the Editor: The Idaho Attorney General's Office has declined to say what it will do now that the Hailey initiatives have passed, but issued a statement reminding people that possession of marijuana is a crime under both state and federal law. No report on what the Hailey Police Department thinks about the vote.   2007 Bail Bond Fairness Act                   The Bail Bond Fairness Act was originally introduced in 1997 during the 105th Congress. Bail Agents had virtually been eliminated from writing bonds in Federal Court after the Bail Reform Act of 1984 was deemed to mean that a bail bond was responsible for performance under federal rules of procedure 46(e)(1) by the Vaccaro decision. The PBUS is dedicated to the passage of the Bail Bond Fairness Act. Historically, the sole purpose of bail in the United States was to ensure the defendant's physical presence before a court. The bail bond would be declared forfeited only when the defendant actually failed to appear as ordered. Violations of other, collateral conditions of release might cause release to be revoked, but would not cause the bond to be forfeited. This historical basis of bail bonds best served the interest of the federal criminal justice system. Currently, however, federal judges have merged the purposes of bail and others conditions of release. These judges now order bonds forfeited in cases in which the defendant actually appears as ordered, but fails to comply with some conditions of release. There was a hearing on 06/07/07 for H.R. 2286, the "Bail Bond Fairness Act of 2007" by the Subcommittee on Crime, Terrorism, and Homeland Security The bill was forwarded to full committee 6/12/07 and passed through the house on 7/25/07. PBUS President Linda Braswell did a fantastic job of representing the bail industry during the hearing!                                                                                                            CHANGES TO IDAHO BAIL LAW Senate Bill No. 1161 became effective July 1st, 2007. The new law effects Idaho Code 19-2927, it amends an existing law relating to Surety bail forfeitures. Now 180 days will be given to the surety for the return of the defendant or the remittance of the bail forfeiture to the courts. The stipulation was added that the bail must surrender the defendant to the jail facility of the county which issued the warrant, rather then to any Idaho peace officer. Amendments  have  also  been   made   to  Idaho Criminal Rule 46  which were implemented on July 1st as well (d) The surety shall clearly identify on the bond the name  and mailing address of the person designated to receive all notices. (e)(1) If the defendant fails to appear before the court at the time required as a condition of bail, and the court finds that such failure is without sufficient cause, or where no evidence is presented which would provide sufficient cause, the court  shall immediately ex parte forfeit the bail and issue a bench warrant for the defendant.  (e)(4) The court shall give written notice to the person posting the undertaking bail or, if the bail consists of a surety bond, to the surety or its designated agent of the action taken by the court. Provided that within 7 days of the entry of forfeiture, the court may, for good cause, set aside the forfeiture and reinstate the bail without the consent of the person posting the bail and quash the warrant, if still outstanding. At the time of reinstatement, the court shall provide written notice to the person posting the bail. (5) After the court enters the order forfeiting bail, the clerk must, within 5 days, mail a written notice of forfeiture to the last known address of the person posting the undertaking of bail or, if the bail consists of a surety bond, to the surety or its designated agent. If the defendant does not appear or is not brought before the court within 180 days after the entry of the order forfeiting bail, the clerk, upon receiving payment of the forfeited bail, shall remit such forfeiture to the county auditor for distribution and apportionment as provided by I. C. § 19-4705. (g) Exoneration of bail.  If the defendant appears or is brought before the court within 180 days after the order forfeiting bail, the court shall rescind the order of forfeiture and shall exonerate the bond.      Pretrial Release of Felony Defendants, National Pretrial Reporting Program                The Department of Justice’s Bureau of Justice Statistics showcased it’s findings in a long awaited study on May 22nd, 2007. Using data collected from a representative sample of felony cases filed in the 75 largest U.S. counties in May 1992, this Bureau of Justice Statistics Bulletin focuses on the pretrial release phase of the criminal justice process. It includes tables on type of pretrial release or detention, bail amount, release rate by prior criminal record and criminal justice status, time from arrest to pretrial release, characteristics of released versus detained defendants, court appearance record, rearrest rate while on pretrial release, and adjudication and sentencing outcomes for detained versus released defendants. The significance of this study’s findings is profound. Why? For the first time we have an authoritative study issued by an unimpeachable source which covers nearly a decade and a half of data involving tens of thousands of offenders from the most populous parts of the U.S. It settles for all time the debate over which is the most effective method of retrial release. The chief finding is that, beyond question, commercial bail is the most effective method of pretrial release.  The data shows that felony defendants who are released on surety bonds are less likely to fail to appear in court, and also less likely to become fugitives. The conclusions of this study makes such a strong case for commercial bail, that it deserves the widest possible dissemination among all professionals in the bail industry, as well as your judges, district attorneys, other legal professionals, sheriffs and law enforcement, and the general public. It a very interesting study. The study is available to the public at  The Bureau of Justice Statistics web site under “Courts and Sentencing: Pretrial Release and Detention” or at the following web address:  http://www.ojp.usdoj.gov/bjs/pretrial.htm           ID Judge 9th Circuit Court of Appeals Judge Randy Smith is highly qualified to serve on the Ninth Circuit, having served as a respected state judge for more than a decade. His nomination enjoyed strong bipartisan support. Judge Smith served as a respected state judge for more than a decade. Judge Smith was appointed as a district judge for Idaho’s Sixth Judicial District in 1995. He won reelection in 1998 and 2002. From 2004 until his elevation to the Ninth Circuit, he served as the court’s Administrative Judge. Governor Butch Otter named Pocatello attorney David C. Nye to fill the vacated position as Judge in Bannock County’s Sixth Judicial District.     Arizona Court of Appeals                                           Appellate court affirmed the trial court’s judgment forfeiting the entire bond even though the defendant had been deported to Mexico. The court noted that: (1) the surety assumes the risk the defendant will not appear; (2) the surety could easily have ascertained that there was an INS “hold” on the defendant who, in fact, gave his only address as General Delivery, Nogales, Sonora, Mexico; (3) the surety did nothing to try to   Arkansas Court of Appeals                   In Manuel Bail Bonds v. State, 2007 the defendant gave a false name, and the Sheriff did not fingerprint her or keep any other record that would enable the surety to identify her. The surety argued that it should not be liable on the bond. The trial court forfeited $15,000 of the $50,000 bond, and the surety appealed. The Court of Appeals affirmed and held that it was up to the surety to know whom it was bonding and to produce the defendant when required and, while it did not condone the Sheriff’s failure to follow proper procedures; it would not shift responsibility to produce the defendant from the surety to the State.

Star man suspected of killing his bail bondsman dies in gunfight with police By Patrick Orr - Idaho Statesman Edition Date: 03/22/07 Investigators say a Star man shot during a confrontation Wednesday morning with police likely murdered a bail bondsman just hours before when he couldn't pay for his release from jail. Anthony Joseph Bosworth II, 30, was shot Wednesday morning after he ran from officers and into a farm field north of Nampa. He was pronounced dead at Mercy Medical Center. Later, the body of Joshua Schmidt, 30, a bail bondsman who lived in Meridian, was found near Mountain Home. Police said the pair traveled to two banks Tuesday to get cash after Schmidt posted bond for Bosworth, who had been in the Ada County Jail on a domestic battery charge. It's a case that involved six law enforcement agencies in three counties. And, with Bosworth dead, investigators can only speculate on the final event that led to Schmidt's death. They suspect that Bosworth shot and killed Schmidt in Schmidt's truck somewhere between Mountain Home and Boise Tuesday afternoon. "Joshua Schmidt's family will never know what happened inside that pickup, will never know what the conversation was, and will never know what precipitated the actions," said Ada County Sheriff Gary Raney during a press conference Wednesday. "That is beyond law enforcement control." The last time anyone talked to Schmidt was around 5:39 p.m. Tuesday after he called a coworker at Advantage Bail Bonds in Boise to say Bosworth couldn't cash a check to pay for the bond. He said they were headed back to Boise. Raney said investigators do not know exactly where Schmidt was killed or how Bosworth got a gun. But they know Schmidt was found in the desert east of Boise near Interstate 84 dead from a gunshot wound. They also know that Bosworth showed up at his ex-wife's Nampa apartment at 6:30 p.m. He was carrying a gun, and his clothes were stained with blood. Here is the sequence of events that happened based on interviews with police and court records: Bosworth was arrested March 14 in Star for misdemeanor domestic battery involving a fight with his ex-girlfriend, Jami Farley. Bosworth, who was on probation for a forgery conviction, was taken to jail, where he was held on a $16,500 bond. An order told Bosworth to stay away from Farley. Schmidt went to the jail around 1 p.m. Tuesday and paid Bosworth's bond, which was $1,650, or 10 percent of the original amount. Bosworth was released, and the men drove to Pioneer Federal Bank in Meridian around 4 p.m. Tuesday so Bosworth could pay Schmidt. Bank employees told Bosworth to go to the Mountain Home bank office to cash his check, but it was unclear why. The pair then drove to Mountain Home, but by the time they got there — 5:03 p.m. — the bank was closed. At that point, Schmidt headed back to the Boise area. He made a call to his office explaining the events of the afternoon. Bosworth used Schmidt's cell phone to call Farley, who didn't answer but called back. She talked to Schmidt, who handed the phone to Bosworth. They had a short conversation. Those phone conversations were the last known contacts with Schmidt. Investigators presume the pair were on Interstate 84 headed to Boise. It was unknown Wednesday if Schmidt was armed at the time. A man who answered the telephone at Advantage Bail Bonds Wednesday night declined to comment. At 6:30 p.m. Tuesday, Bosworth arrived at his ex-wife's apartment in Nampa. She told police he was covered in blood and had a gun. Bosworth showered and changed clothes. He left the apartment around 7:15 p.m. His his ex-wife ran outside and waved down a Nampa police officer who happened to be patrolling the area. By the time she explained what happened, Bosworth was gone. About the same time, Schmidt's family reported him missing to Meridian police because he had not checked in. A Meridian officer heard about the Nampa case on the police radio and realized the cases could be connected. The two departments began working together. Officers patrolled the area looking for the silver truck and decided to keep watch over Bosworth's ex-wife's house in Nampa and Farley's house in Caldwell. At 3:30 a.m. Wednesday, officers spotted the truck in the 17000 block of Monarch Way at Farley's house. Bosworth was standing outside. They confronted him, and he ran into a nearby farm field near Middleton and Ustick roads. A Nampa K-9 officer sent his dog after Bosworth. Almost immediately, Bosworth fired several shots in the direction of the officers. The K-9 officer fired his gun once. Police said Wednesday they don't know if the Nampa officer fired the fatal gunshot or if Bosworth shot himself. None of the officers or the dog were hurt. Officers at the Monarch Way home found Schmidt's truck in the driveway. It was covered in blood on the inside. Suspecting that Schmidt had been killed and that it likely happened between Mountain Home and Nampa, investigators waited until daylight to mount a helicopter search for his body along the I-84 corridor. Around 12:30 p.m., Schmidt's body was spotted about a mile off the interstate and 300 yards from Simco Road. The initial police reports show that Schmidt was killed by a gunshot wound. Investigators did not say Tuesday how many times he had been shot or the location of the fatal wound. Autopsies on both men are expected to be completed today. As is standard procedure in an officer-involved shooting, a multi-agency task force of Canyon County law enforcement agencies, led by the Idaho State Police, will investigate Bosworth's death. Bosworth had a criminal record in the Treasure Valley, including a conviction for fraud out of Payette County and forgery out of Canyon County in 2003. His probation for the forgery charge was until 2008, according to Idaho Department of Correction records. He also had a grand theft conviction out of Oregon, according to prison records.

Sheriff Overcrowding Jail?     AP- Kootenai County Sheriff Rocky Watson is preventing bail companies from contacting inmates in an attempt to drive up jail population so the community will approve building a bigger jail, a bondsman said.    "They're infringing on my civil liberties to conduct business  Rocky Lockhart, owner of Sweet Freedom Bail Bonds. He said Watson has ordered jailers not to deliver messages, which he said violates the rights of the prisoners.       Watson said the accusation was "too goofy to answer.”  He said the reason behind the new rule was that Sweet Freedom was trying to recruit customers by using jailers to deliver messages. "We don't have the staff to run messages to inmates," Watson said.        Lockhart said that's exactly what his company was doing, calling the jail up to 6 times a day after getting the names of inmates off public records lists or attending court appearances.       Jeff Scoggin has owned Quick Release Bail  for 10 years and said his business is being hurt by the rule change. "Rocky Watson changed his policy because of 1 company that came into town in the last few months and decided to overwhelm the jail with solicitation phone calls," Scoggin said, declining to name that company.  He said Watson should have discussed the rule change with bond companies. He said companies typically communicate with inmates through messages. "The policy affects us dramatically," Scoggin said.       Watson said there are phones in the jail that inmates can use to place collect calls. He said companies should tell clients to call if they have a question about how the process is going. He said he's not interested in holding inmates for longer than is needed. "We don't want them there either," Watson said. "If they're eligible to bond, please leave."

Time for a change, Simpson defeated long time Judge Herndon The race for seventh Judicial District court judge was won by a landslide by Darren Simpson. Simpson ran against Judge James Herndon.     "Obviously I was excited and pleased with the outcome," Simpson said. "I thought it would be a little closer with Bonneville County, but wasn't surprised by the rest of the counties. It was very humbling to be elected."     Simpson said the first thing he will do is to better streamline cases, so that newer cases will be bumped up for more timely court appearances and trials. In addition to setting speedy trials, he emphasized punishment, victims' rights, and a professional courteous atmosphere. Herndon was unavailable for comment, but has been on the court for more than 20 years. Herndon ran his campaign on his experience in the courtroom as well as his reputation for impartiality.

Utah Court Rules on Bounty Hunters                         11/6/06 The UT Supreme Court has ruled that out-of-state bounty hunters, not licensed in UT, can apprehend fugitives.  In the unanimous ruling issued, the UT justices found that the enforcement of a bail contract by a "bail-recovery agent" did not offend UT public policy as long as the agent's license is similar to the one that UT counterparts carry. The ruling stems from the case of a CO bounty hunter who  injured two UT brothers while trying to apprehend one of them for jumping bail. The brothers sued, claiming bounty hunter Miles Langley was not properly licensed  in UT.                          Leader v. Reiner     (Idaho January 25, 2007) An individual bail agent left one agency and started working for another.  Several forfeitures were not promptly paid, and the 4th Judicial Trial Court Administrator sent him notices that he could be removed from the Court’s list of authorized agents.  He filed suit to challenge the Administrative District Judge’s Guidelines Regulating Bail Agents.  The Court refused to consider most of the issues, including whether the Judge had  the authority to issue Guidelines and whether the Guidelines were valid, because these issues  were not raised in the trial court.                                                                                                                          4th Judicial Warning     If you need to register or reregister a Agent in the 4th Judicial District, they are backlogged on fingerprints and criminal background checks by about 4 weeks. Get it done early!

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