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13th Judicial Circuit - Local Rule 67.1
67. Criminal Cases
61.1 Pretrial Release
67.1.1 Bond Amounts, Conditions for Release and
Qualifications of Bonding Agents
A. Bond amounts and conditions for
release are to be set by the court in accordance with Supreme Court Rule
33.01.
B. The bond schedule as
approved by the circuit court en banc may be used for the setting of bond,
unless a different amount is approved by a judge. If a written
recommendation is made for a bond amount other than the amount on the bond
schedule, the recommendation shall include a written memorandum setting
forth the reasons justifying the different bond amount.
C. Qualifications of Bonding Agents.
The court is aware that issues have arisen regarding the ability of bonding
agents to write bail bonds as it relates to the financial status of the
bonding agent. In particular, a report has been issued by the Missouri Bail
Bond Study Committee, through the Missouri Department of Insurance,
Financial Institutions & Professional Registration which recommends certain
changes in state statute regarding qualifications of sureties. (Final report
of the Missouri Bail Bond Study Committee, January 6, 2010). Pending
adoption of statewide requirements, the following rule is adopted to clarify
the court's requirements regarding the financial qualifications of bonding
agents in the 13th Judicial Circuit:
1.The Presiding Judge, or Presiding
Judge's designee, shall approve the authorized Bonding Agents for persons
charged with crimes in the 13th Judicial Circuit.
2. Any person, firm, corporation
or other business entity ("Bonding Agent" or "Bonding Agents") desiring to
write bail bonds in the 13th Judicial Circuit shall annually file in
completed form a General
Affidavit of Qualifications and a
General
Affidavit of Qualifications - Questionnaire. The information provided in
the Questionnaire shall be legible and shall be presented in such a fashion
so that qualifying assets (as hereinafter described) may be quickly
identified. The qualifying assets as disclosed in said affidavit shall be
used to determine the bonding authority of the Bonding Agent, which bonding
authority shall not be exceeded. The bonding authority of the Bonding Agent
shall be an amount equal to 15 times the qualifying assets of the Bonding
Agent. The bonding authority of the Bonding Agent on any single bond shall
be no more than 50% of the qualifying assets of the Bonding Agent.
3. Qualifying Assets shall consist
of the following:
a. The reasonable equity value of
real estate located in Missouri. The reasonable equity value of real estate
shall be based upon current appraisals by certified Missouri appraisers
and/or current tax assessments after reduction by all liens and
encumbrances, as verified by the appraiser, current title policy or
certified bank letter;
b. Certificates of deposit issued
by an FDIC-insured or NCUA-insured financial institution located in the
state of Missouri or cash held on deposit by such institutions;
c. Monies deposited with the state
of Missouri Department of Insurance, Financial Institutions & Professional
Registration pursuant to Chapter 374 of the Revised Statutes of Missouri;
and
d. Any asset that has been
specifically approved by the Presiding Judge or his or heror the Presiding
Judge's designee; however, the Court generally will not accept such assets
as jewelry, antiques, etc.
4. Prior to 9 a.m. on the last
working day of each month, each Bonding Agent shall certify on the
Monthly
Affidavit of Qualifications form provided by the court that there have
been no changes in the qualifications or qualifying assets of the Bonding
Agent, as they appeared on the last filed Annual General Affidavit of
Qualifications and General Affidavit of Qualifications - Questionnaire. If
there are changes, a new Annual General Affidavit of Qualifications and
General Affidavit of Qualifications - Questionnaire shall be filed. If the
clerk determines that the bonding authority of the Bonding Agent has dropped
below $10,000, the clerk shall endeavor to notify the Bonding Agent, Sheriff
and all other interested parties of such fact and, thereafter, the Bonding
Agent shall have no authority to write additional bonds until such time as
the clerk shall ascertain that the Bonding Agent has bonding authority
greater than $10,000. If the Bonding Agent requests to demonstrate to the
clerk that its bonding authority has increased over $10,000, the clerk shall
endeavor to recertify the Bonding Authority on a time available basis.
5. Any unsatisfied judgment against
a Bonding Agent, entered upon any bail bond in any court of this state or of
the United States, shall forthwith disqualify such bonding agent from
writing bonds in the 13th Judicial Circuit. Such disqualification shall
continue for so long as a judgment remains unsatisfied and until the
disqualified agent is re-qualified pursuant to state law and this rule.
6. Notwithstanding the foregoing,
all unresolved issues regarding the interpretation and application of this
rule shall be resolved by Presiding Judge or the Presiding Judge's designee.
67.1.2 Deposit of Operator's License
Unless a summons is issued, an officer may, pursuant to §
544.045, RSMo., accept the chauffeur's or operator's license, issued by the
State of Missouri, of any person arrested and charged with violation of a
traffic law of the State of Missouri or a traffic ordinance of Boone or
Callaway County in lieu of any other security for that person's appearance
in court to answer any such charge, with the exceptions noted in the
statute. The person arrested may decline to deposit the license as security
and may instead deposit a bond in the amount of fifty dollars ($50) per
traffic offense allegedly committed.
67.1.3 Cash Bonds
Clerks shall accept only cash, certified check, business
check, money order or equivalent or approved bank cards or credit cards for
cash bonds.
Note: The Boone County Circuit Clerk and Callaway County
Circuit Clerk accept debit and credit cards from Visa, MasterCard, Discover
or American Express. Credit card charges are subject to a transaction fee
charged by the company processing the charge which will be included in the
amount charged against the card. (See page A8-3 of the appendix to these
Local Court Rules.)
When a cash bond is posted, the receipt shall be made in
the name of the defendant. Any money deposited shall be considered by the
court as belonging to the defendant. If the defendant is found guilty, all
assessments against the defendant, such as fines, court costs, and any other
related court costs ordered by the judge may be deducted from the cash bond
before any money is refunded to the defendant. Any excess sums of money may
be applied against prior unpaid assessments. A third party may claim any
refundable money at the conclusion of the charges only if the defendant has
properly assigned the defendant's bond receipt to that third party. (See
page A8-1 of the appendix to these Local Court Rules.)
67.1.4 Motions to Set Bond and for Bond Reduction
See Local Court Rule 67.7.
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